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Yes we should be able to sell them. I don't know about any specific method of doing it proposed here, but it *should* be legal.
I'm interested in this for a different reason than expressed so far: If one can re-sell an ebook according to the first sale definition, then one can also sell that ebook to a geolocation for which it was originally not available. Someone could make a business of buying a legal copy of an ebook, then re-selling it to someone in a georestricted country. This would probably need to be some kind of drm-ridden transaction (for a database definition of "transaction") to make sure copies are not left hanging around, but I imagine it might be accomplished by using a secondary encryption wrapper (kinda like putting an encrypted mobi file inside an encrypted zip file)
The practice of this kind of business would be to never decode the original file, but put it in another wrapper for the new customer, who would need to decode twice before reading. It would be a pain, but less than the pain of never being allowed to buy the book in the first place, and hopefully the pain might be enough to avoid being sued.
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