They're making money for MS on the IP and they would be the natural ones to say it's ok given that it's an older release in the same series of games. PGI probably could prod MS into allowing the free release or the patches out, what with PGI being the current lesee of MS's mechwarrior IP. When smith and tinker went under it apparently got very hard to nearly impossible for them to keep supporting the free release/patches legally and at this point it's virtually out of their hands as to whether it will ever be legal to distribute again. Mektek no longer has the legal rights to distribute the MW4 free release - and I'm not sure they have the rights anymore to distribute the mekpatches either.
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