if Boeing did not gave their permission, it is not legal, and the photographer most certainly didn't know it. Additonally, if you compare the size and colours, it is quite clear that this shot was ripped off from the Boeing website.
Staffan, if you look at the photo ID, I doubt if you are able to contact the photographer by e-mail. I think he was one of those guys who took a random photo from the web and uploaded it just to try airliners.net in its early stages. He has only one photo in the database.
But nevertheless, I agree with Staffan and Wietse, if you discover a copyright violation, please send a mail to the administrators and don't blame the photographer here.
Frank Unterspann - Hamburg, Germany