Wow, what a lame response from the seller. It doesn't matter if the birds are similar, even the same exact birds. As long as someone else snapped the shutter closed on that camera, the pictures belong to the photographer and can only be used with permission. The one problem with the age of the internet: any picture that shows up on a google images search apparently makes people think it is just fine to use without authorization of the owner.
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When you use that comment section to ask a seller a question, only the seller can choose if the question and answer are then viewed at the auction once answered. A person asking a question cannot force it to be shown. So if the question is incriminating, no seller would display it.