Well, sorry for the confusion I might have caused, but in my book a sample is a sample, as long as it is... uh... sampled from some other source.
Anyway, if infact he made that melody himself, I wish he had done something more with it than just a poorly implemented 10sec intro to a generic track. The best bet would probably be to email him directly to clarify it, but I don't want to hassle the poor guy too much.