Although I agree somewhat, there are things that can be sold that are not creating any kind of winning environment, that don't create any kind of advantage. Capes, Paintings, renaming equipment..capes have been defined as illegal outright by Mojang (for no apparent reason other than making them "special"), and people on this thread have made claims that paintings and renaming and such aren't allowed because they're a part of the game, despite being completely aesthetic.
I completely agree, With everything you have said. I think they SHOULD have a EULA I but they are going completely wrong about this, All we can do right now is complain, Until they are done getting this "We didn't care about Bukkit,But now we do because EvilSeph is trying to stop Bukkit and we will lose our source of income, so were gonna update Bukkit so we can keep our income and players coming!" Let's just hope they get their act together and actually fix it, as some people don't have money (I'm talking about poor people) who can just afford the game but can't pay for a monthly fee to just play on a server. Thus, bringing less players, and leaving only people who can pay-to-play. If I wanted to play a MMO, I would have now. "Cosmetic" only. As you said, and it is completely cosmetic. So why shouldn't people be able to sell it? Mojang needs to fix it, and now it's gonna just hurt server's with Donator area's, and will MAJORLY hurt creative servers, and Mini-game servers, Funny thing is, I have been on loads of servers and 90% of the one's I have been on (Small - Major[Like Ubercraft]) don't comply with the EULA, probably because they know it's screwed up or their too money hungry OR taking their chances OR know if they follow the guidelines servers will shut down, because all their donations go purely towards server funds. I will personally not be willing to just purchase the /hat command for $5-$10. I personally think pay-to-win servers provide better balance. I am not looking foward to Noob's who just bought MineCraft that know nothing about MineCraft and run around with a 150$ Bedrock PvP kit and kill me, While I take actual skill to PvP