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.
My question is why would anyone pay $3.95 plus shipping and handling for something Apple has already installed on your computer if you are running Lion or Mountain Lion? On Snowy and previous versions it was available on the install disc.
FWIW I have a 32Gb thumb drive with a Mountain Lion clone, Drive Genius, TechTool Pro, and an assortment of other utilities I have found useful over the years. I keep it around for recovery Of course, being USB 2 (High Speed) it takes what seems like forever to boot, but boot it does. Now I am wondering if I can or should install a RecoveryHD volume on it? Maybe I will give that a try, the next time I get bored.
