Is it possible to use the digital OUTs as INs? [SOLVED]

Which is called passing off and is illegal.

On what basis?

the arduino board has just a fcc logo and no cert number

Yes you only need a certification number for an intentional emitter. But it is the logo placed on a product without the accompanying certificate that is illegal.

Anyway, with or without the cert, it doesn't bother me.

Sadly not. I hope no one ever rips you off because there will be a whole heap of people who don't care.