Those that are simply scalping and is their only intent are d bags. There is no real risk when deposits are refundable, and they increase end costs to those that really want to own the game. Parasites.
They help push others that truly want the game to preorder sight unseen however, which is a whole other issue in itself.
The question isn’t can you do it. It’s should you do it? Again, this is when intent is purely scalping. Don’t try to lump anything else into it.