As for why bother when the freeware is available, plausible deniability was mentioned and I think that is probably the most convincing argument. The Jackson Games seizure, and other computer confiscations by law enforcement
Note that the seizure had *nothing* to do with copyright or other IP infringement; no incriminating material was ever found, and we were completely cleared. Also, the name of the company is "Steve Jackson Games"
That aside, I agree with your basic analysis.
It was not my intent to speak to the *specifics* of the Steve Jackson Games case, although your point is well taken. My reference was more to the point that as a reasonably well publicized event, particularly among the computer cognescenti, that people (i.e. sysops and owners) have every reason to fear completely outrageous and unconstitutional behavior from government agencies. The law enforcement agencies are well aware of the value of making a high profile example of how much they are able to get away with and be completely free from any redress of grievances. cjl