May 4th 2009 4:54PM I don't think he should be permanently banned. Just remove the achievements, any loot that was gained off this ill-gotten adventure, and a temp ban. It was Blizzard's mistake after all.
However, upon seeing that it reads that it kills all enemies in the tooltip, he probably should have submitted an inquiry as to the legitimacy of the item. At the very LEAST, he should have done so after doing it the first time and seen what it did. At that point, you KNOW you have something that is very likely not supposed to be in any players hands.
From the second time that he used it on, he knew exactly what he was doing, and he used it for personal, selfish reasons. He's not as innocent as he's trying to claim.