Actually no. A scalper is anyone who buys an in-demand product at retail price, to sell above retail and make a profit. If they make €5 on a ticket or €500 on a GPU, they're still a scalper.
Pretty sure the item has to be scarce, and sold at "much higher price", or if the intention of the seller is to manipulate the market, for them to be considered a scalper. If not, they are only considered a reseller. All resellers have right to make profit, or at least they need to cover the cost (shipping, etc.) if it does not harm the market.
By the time he bought his 3 cases, he had no idea how many Dan were selling, or Dan would discontinue his V1 product line. Calling him a scalper just shows that you are petty, or a hypocrite (in case you were to buy one from him for MSRP + shipping, then he'd not be a scalper anymore I guess??), or just does not fully understand the terminology.
I remembered the time when I tried to grab 4090s last year, had to try to beat those scalping bots and sold them to some fellow redditors who weren't able to grab one for a small labor fee of $10, all were very happy. According to you, I'd be a scalper already eh?