SimonG: But would GOG have to assist in this?
I know my interpretation of that ruling is a lot more restrictive than yours. But isn't it a bit of a stretch to go from "do no obstruct" to "assist in sale".
What I'm afraid is that GOG might just do that because they are way to nice for their good.
In the case of GOG, they don't have to assist in this, because they're not actually hindering the sale in any way. It is possible to copy it onto disc (or send the file), provide the proof of purchase and send all the stuff to the buyer.
The problem, as you've stated, is in ascertaining whether the goods are genuine with DRM-free software. DotEmu is likely facing the same conundrum right now.
And therefore, I do think that it would certainly be in GOG's best interests to provide such a system. If they don't, then what you say is right - it opens the door to scammers who will be profiting massively off GOG's work without paying for it. That, and without any intervention on GOG's part, the game remains available for download on the seller's page.
I don't want that, and I'm sure you don't want it either. It's all about good PR really - encouraging the user to make sure that they are paying for genuine goods.
Of course, Steam, Origin and Uplay are entirely different kettles of fish. They are actively obstructing (opposing) the resale, which would require them to provide such a system.