thenammagazine
Super Freak
Technically, the seller in that particular case might actually make it safe. Afterall, he did his part (even though the auction as a whole was ridonkulous).
So yeah, the auction was an intentional scam, but it seemed to play off peoples' unattentiveness. Whatever the outcome, like you said, the blame isn't just on one of them.
Ebay specifically warns sellers about this type of stuff as a means to getting banned. So I don't think, other than embarrassment and the inconvenience he's experiencing in being out $400 for a month or so, the buyer will have any problems.