I think the legality issue isn't them opening up the product and selling it without OnLive. It's that they are not informing the consumer that they are getting an incomplete product. Sell the game and not telling them it has no OnLive in it despite advertisements for OnLive on the front is what could get them in hot water.
--
TheRock ~ Death By Misadventure, Not Suicide
"Would've liked to see that." - Ayuyu on my boner