i think it is a dirty move and a bit low on the seller's part, but they are not selling the modded DVD... they are using the "free" DVD as an incentive to sell the actual BC disc itself... anyone who is dumb enough to fall for it, clearly doesnt know about bcfiles lol
but in the end, there is nothing legally wrong with giving items to a buyer who is making a purchase...
if they were selling the mod DVD alone, of course that is entirely different... and, id they were selling the BC disc and the mod DVD as a "pack", that would be different also... but they do clearly say that the mod DVD is a free bonus and again legally there is nothing wrong with adding free items to a purchase...
however i do think it is a dirty move and they shouldnt be allowed to toss in any "free bonus" which others have made, but i think they are within their legal rights to do so...
of course, i am only assuming, and do hope i am absolutely wrong...