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It's copyright infringement.  I'm actually studying for a Master's degree in Library and Information Science right now, so I've studied these laws somewhat.  Simply put, you don't own the copyright on the program code, so you don't have the right to distribution.  That is, you don't have the right to make copies and distribute them, historical value or not.  All NES games still fall under copyright (at least in the United States).

Now, selling a cartridge that you bought from the store (i.e. an original cartridge that was on the market), is something different.  You have the right to buy and sell those cartridges, because you aren't making the first sale and aren't making more copies than the original copyright holder wanted to distribute.

Hopefully it doesn't sound like I'm on too much of a high horse.  But Ebay would have a good case for pulling all of those auctions, in addition to the fact that they are misrepresented as being original.

Personally, I applaud those who are trying to preserve a piece of NES history.  But don't forget it is technically illegal in the US