I think it's a matter of how he structured the deal.
If he has a developer license for theme X or plugin Y, he can then legally set up theme X or plugin Y for his clients and charge them whatever he wants for that. (Assuming the license for theme X and plugin Y is like most of the developer licenses I've seen so far).
So he could offer for example 100 wordpress installs for $50 and give his clients a wide variety of theme and plugin choices.
However, I have no idea how he structured his offer that sparked this controversy so I won't comment on that specific situation.
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