[Mithadan]

Websites are bought and sold every day. The membership list is, in effect, a customer list and such lists are often sold in business either alone or as part of a larger commercial transaction. All this auction is selling is a domain name, software, a customer list and data in the form of the content of the website. If I were either buyer or seller, I would certainly not be satisfied without substantial terms and conditions to protect me.

As for the copyright issue, note the disclaimer at the bottom of the listing stating that the website is not sanctioned by or affiliated with the Tolkien Estate, Newline, or Tolkien Enterprises. I would suspect that such a disclaimer might have been what was required to avoid the copyright infringement claim threatened against the website, or maybe the owner is attempting a duck and run. I don't know and don't care to know either.