Fr3DBr, is a 'coder', he is teamed up with dvampire and he sells his "own team" work.
So you were not doing the same, in any closer way, so yes you can be called as scammer since you was taking advantage on something that you didn't made.
Other guys that do it in the same way are : Kation(Vanganth) and GuardEx commercially speaking, rest of guys that did like you can be only considered as scammers.
Sure, "Oh they are selling l2off files now that i dont have", well eventually these files gonna be out, still they are not selling clean files are other noobs are doing, they are already selling their own work built in the top of it, so its different history, and its up to then if they will share the clean/off pack or not, Besides this nothing can be done, except waiting.
So try to compare the things, selling something that you didn't coded, unless you are a official reseller this is scamming, since you cannot provide fixes, supports or anything for that customer, so he dies with the files he bought from you.
And if you get the files, of course you can sell it, i just said once you get it you surelly will sell it as you always did.