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without getting to far into detail on the legal aspect of it, it falls down to one simple thing:
They wrote the code. Just like a book, or artwork, or movie they as the creators have all legal rights over what happens to it. They said they do not want any derivatives of the code in the terms they include with it. If they had included GNU public or some other opensource type agreement with it things would be different. They put a lot of work into it over the years, and deserve for us to respect whatever they chose to do with it. (I know.. I've already broken it... but that is why we are hopeful they will allow the fan update if they are not already working on an update themselves which they very well could be for all we know.)
They chose what license their intellectual property would be distributed under, and we must live with that and try to avoid / keep the third parties like MMOUI out of it, they don't need the headache from it if this all goes south on us / me.
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