Actually you raise some good points. You could be charged with possession of stolen property for having those CD keys, we all know they are not legal and wilful blindness is no excuse in the courts. Both the seller and the buyer could be in trouble.
You are right about the "hacking" being nothing more than an infringement of ToS. That being said, what is to limit a private hive posting their own ToS saying they will scan you for known hacks and will ban you if you hack... in my opinion there is nothing wrong with that. Yes you are right, one could alter the tool to scan your computer, or passwords, or whatever, THAT would be illegal. As long as it is used as they say in their ToS I don't see how you would have a lawsuit.