Is this piracy or what?

An seller on eBay Australia is selling a backup copy of Mac OS X Leopard with his second hand iMac, but he won't be providing the original disks.
The ad reads as follows:
"iMac comes with Mac OS X Tiger and iLife "06. A copy of Mac OS X Leopard and iLife '08 will also be provided with the purchase of this computer."
The link is here:
http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&ssPageName=STRK:MEBTOX:IT&item= 190172096117&_trksid=p3984.cTODAY.m238.lVI
I contacted eBay a few days ago, but evidently they're happy or their users to be trading pirate software.

unless he is withholding the originals, i dont think there is any issue with making a copy of your purchased backup discs then providing them when you sell the computer they came with.

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