I own all the major Tolkien texts in paper form, and have had them for years (since I was a teenager in the 80's. A couple of months back I tried to find ebook versions of the books so I could carry them around on my clie, and found text versions just be doing some searching on Google.
I won't post them anywhere, or give them to anyone, (and I was happy to pay for them too) but they were easy to find, and supplement the paper versions I already have.
I agree though, the Tolkien Foundation should jump on the bandwagon and publish them themselves, as there IS a demand for them. I also pity the fool trying to make money like this, as they are probably going to be facing a law suit, if they're unlucky.