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"The format for the ISOs is copyrighted by Theo."
All right. They does'nt use the original copyrighted layout (unoffical).
They created an ISO image from a couple BSD licenced stuff (kernel and userland stuffs). With mkisofs (Theo owns the El Torito specification's rights? I dont think so.). They have the right to do this.
You still don't get it, and at this point I really don't care to keep explaining it to you. Please do yourself and the rest of us a favor and get some common sense.