A brick of Kodak film, just out of date, being sold by a photo store who always kept it cold, should be every bit as good as fresh film. At least in my case, I plan to put it on ice for years anyway, so the few days it spends outside of the fridge while in the mail is no big deal in the scheme of things. You are right, it isn't worth the risk of shooting film if it might be fogged, which is why I test every batch I buy before using it on something important.
I've bought plenty of fresh film in my life and continue to, but I'm also not afraid of ebay film, as long as I'm careful and double-check it. But if ebay film purchases are causing Kodak to stop making film, then I am the guilty one...and I do feel bad about that.