If the goal of sales that ban scanners is to get the book into the hands of someone who wants to read it they could do what the Baltimore Book Thing does when they give away free books -- stamp the title page as a free book, not for resale. Kind of like the viral effect of GPL. Once a book has been through the Baltimore Book thing's hands it is always free
This is an admirable idea, but I can't help but think of the number of CDs I've bought at used record stores with "Not For Resale" stickers still affixed. Label review samples that had gone into the second hand channel just fine.
Also I know from experience that used book sellers will often quite happily clip or black out portions of the frontispiece or half-title page if they need/want to.
Collectible book dealers are also quite happy selling galley proofs of classic books, in fact some people collect them. They're also usually marked "not for sale".
If the copy was acquired through some private, contracted method the first-sale doctrine might not apply. For example, if you're given a private review copy of a book under a no-sale contract that you agree to, that's enforceable, at least in theory, and the first-sale doctrine doesn't apply. However it's pretty hard to police, and almost all the policing effort that anybody does expend is pre-release, to try to track down people trying to sell review copies on eBay before the street date; nobody spends much effort tracking down people who then sold those review copies 5 years later.
Last year I bought a used book through Amazon, that upon arrival turned out to be a galley proof. I was a little annoyed that it hadn't been marked as such, but I kind of thought that it might be collectible in some way.
http://www.bookthing.org