For anyone contemplating listing stock they don't physically have, my understanding is you can do so as long as you make it very clear that the item is currently out of stock, and will be available within a maximum of 21 days after payment is received.

I haven't read all the posts however surely he should have taken the listings down if he was repeatedly out of stock; he would have known how high his defect rating was if he bothered to look and read up on the defect policy.

Whilst I do sympathise with his plight:( it was avoidable, imo.