I'm about to look into mine, but I didn' t think either were pirated. On eBay people go to great length, for instance, to pirate Disney vaulted DVDs, but they're easy to spot. The file dates dated from 2007 or some other newer date than the DVD was last released, plus the back of the discs was not silver (bronze, blue). Often times with pirated DVDs it's suppose to be fairly transparent from the back. On one movie I bought, they printed out the booklet, identical cover, etc, but the back of the disc was gold, transparent (or translucent) and the file dates were dated several years after it was released. To make matters worse, it also had a playback glitch.
Despite these obvious flaws, 99.9% of eBayer's were none-the-wiser so feedback isn't something you can absolutely trust, either. But even when they charge you $40 for a bootleg DVD (I saw one obvious bootleg that was selling for $80), they didn't go to the effort to hide these blemishes or seal it in plastic. A smudge wouldn't be enough to convince me.
NBAL2k3: Came in a single ordinary width DVD case, no player on the cover just a NBA Live 2003 logo. The game surprisingly came with a very weighty booklet (I never pay attention to these things). Country manufactured: didn't check, the rating classification is ages 3+ so wherever that is. I think I may have imported it from the UK. Judgement: Good.
NBAL2k5: Imported from Canada, item said it was located in Australia

but I doubt this one was pirated. It's in a box... a
BOX!! The discs are contained in a double CD case. There is a small manual.
NBAL2k6: Bought from an EBay Australia seller (local). The game is in a very thick width DVD case, two discs on separate sides of the cover and a thick manual which I didn't bother to look at. Also has the Australian parental guidance emblem, which is very obtrusive and annoying!