Charging for the time you spent putting the DVD's together is not going to save anyone from being prosecuted.. Flimsy arguments like that would be destroyed by any competent lawyer.
Here is an interesting situation from a few years ago, in which some stupid company tried to sue Mythic Entertainment (Dark Age of Camelot) over the issue of selling game items and characters outside of the game world.
http://virtual-economy.org/blog/blacksnow_interactive_the_docu
As far as I know, there has never been a ruling in the USA that clarifies what rights users have with regards to characters and items sales via MMO's - and this relates to this thread because most of these morons try to hide behind the clause they are recouping their "time & investment" (or "services" depending on how you look at it) in playing in the game, not selling the items themselves for money.
Personally I don't see how this will ever fly in court until copyright laws are changes, or ELUA's everywhere are ruled illegal and rights violating.
As far as I know the only legal services in this case, are paying a company to play your character for you, to meet specific level/ equipment/money requirements. So no product change of hands takes place.. So at least that can never really transfer to the ROMS distribution scene either.