They're not the same. His model has no rails on the top, and the end iron sights are fairly different from each other.
In fact if you look closely, there are a lot of differences particularly at the forward end of the gun.
Ripping
anything from Battlefield 3 is incredibly hard to do, if not impossible. (I have it installed and just looked at what'd be done to do it).
I also understand that if he does not re-distribute these
*at all*, then technically there's no problem with using ripped assets, as a place holder until you fill the gap with your own/legal assets.
