You can't defend the seller in this situation. The analogy to doing it in a store is a good one. What if a store put that empty box on the shelf, said "all sales are final", and had a small shelf tag that said:
PNY NVIDIA GeForce 3 Ti 200 64 MB DDR RAM
box
People would scream bloody murder if they got an empty box. You think the seller was being "clear"? I don't.
He lists the auction under "video cards". It's not a video card, is it?
He leaves the word "BOX" out of the title. Why? Because he's trying to scam someone.
Why does he say "There are no returns and all sales are final."? I'm guessing it's not because he wants a satisfied customer.
For a board that is so proud of keeping trolls away, I'm surprised so many people want to jump on the buyer for being stupid. But I notice no feedback was left for the auction, so maybe the buyer told him to shove it. I hope so.