The question of whether or not it is legally sellable is one I would leave to the consideration of Apple's excellent staff of intellectual property attorneys. They earn a lot more than I ever did for doing exactly that.
Sadly, I don't think that's the way the world is supposed to work.
Judging from my own take-down (I got snagged because I used the term "backup disc."), I'll guess that BSA does keyword searches on eBay and elsewhere and/or relies on folks like us to report stuff such as the present discs (which I'll guess are not legit because they seem to be nothing more than pirated Apple code).
Apple's attorneys don't get involved in minuscule stuff like this unless they are approached by BSA (as in my case, when they declined to support them).
And BSA isn't all that up on things, either... By way of example, I've reported thumb drive Mountain Lion installers that were taken down from eBay within a couple of days, but
this HDDYou are bidding on a mint condition HDD that was taken out of an APPLE MAC BOOK PRO 17" Unibody Model 2009. The harddrive has been reformatted in Mac HFS Extended format. It works PERFECTLY! The HDD also has two separate partitions. One of them is 4Gb is size and is preloaded with the Mac OSX Lion Install files needed to install Mac OSX Lion Operating System onto your MAC. The other partition is empty and ready for install. (Emphasis added.)
which is loaded with bootleg software and is pretty much the same thing was left standing.
I don't mind being helpful to a degree, but I'll be damned if I'm going to make a career, or even an avocation, of it!