It does somewhat worry me. I think Brian may need to at least acknowledge that what they are doing is illegal (if it is or if it hasn't been cleared already), and give them permission to do it if he doesn't mind that much (if he hasn't already).
I heard that if someone with a trademark/copyright doesn't defend it, he/she/it may stand to lose the trademark/copyright protection. (Rich Berlew from Order of the Sticks is very hard on people who violate the copyright rules using his products, and if I recall correctly, this was one of the cited reasons.)
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