Just because he's taken it out to photograph, doesn't mean it has be used. EBay's item conditions are very restrictive:
New
A brand-new, unused, unopened and undamaged item. See the seller's listing for full details.
Used
An item that has been previously used. See the seller’s listing for full details and description of any imperfections.
If he's not used/run it, why should he have to list it as "Used"?