you see, this is kinda not illegal, but complicated all the same. if he owns the game, its not really illegal for him to also own a patched version of it, no matter how he gets it. technically the person selling it is performing an illegal act, but if that person does not actually sell it... and GIVES him it, i don't believe this is illegal. Obviously these kind of things can be got around by making the postage and packaging charge £5 or whatever.
like i say though, if you own a LEGAL copy of the original, then i think you are entitled to own a backup copy with patches on it.... but you can not BUY it off anyone.