he can sell the software. just that its NOW considered OEM. AFter the fact, the rules were changed to explain it clearly.
Ive sold software in the FS/FT forums a lot. That rule was never there. It was added to explain the incomplete retail software issue. But since it was added after this situation, he should be unbanned.
You cant ban someone for following the rules, then change the rules to cover your reason for banning.