This is the part where the copyright holder has broken its contract with the public to enrich the public domain in exchange for a limited time monopoly.
This is why I posted this. And fuck EA.
They are simply asserting that while it is now free, it isn't a free-for-all in terms of distribution. They have granted permission to specific parties to distribute it, and not anyone else, and wish to enforce that. Why? No clue... but they aren't squelching the modding community, the NWN thing, or unofficial patches or even the authorized free distribution, so the game's place as a historical and cultural artifact is secure.
"I think" they (and everyone else) should just release back-catalog material into the wild as a matter of course once it reaches a certain age... but that's me, not the copyright holder.
On a tangential point... thanks to those Nazi sympathizing muther f*ckers at Disney, copyright is too damned powerful now... but you know... that's another thing.
You're right though, I do like Lessig. He doesn't think copyright should be abolished, though, as so many think he does (I know you know this, but for others who may not).
Yes, Disney and Bono are downright evil in my book.