It does raise an interesting point that
http://rareboc.ax.lt has never been removed, meaning it must not be stirring the Hexagon Sun bee's nest that much.
I think the bottom line is neither mdg nor Fredd-E (nor even BoC potentially) can provide you legal advice as to the best of my knowledge, none of the them are lawyers or have studied the field of law. Their material in all forms could very well still be tied to a Warp contract, I certainly haven't a clue.
In terms of sort of "spoiling the treat" I'd think mdg would say if the brothers specifically requested this notion be struck down immediately on the basis of ruining plans. Maybe it'd be different if something like Acid Memories were planned for a BoC-set and you were "spoiling the treat" of hearing new-old tracks for the first time from elsewhere. It more seems the semantics of it involving $, and I understand their reservation and skepticism too as things can get hairy in a situation like this.
Where would it even lie if someone were to recreate all the samples from scratch so that its not just a cleaned up source of the original material, but reconstructed from scratch like Machinedrum did with that untitled ATP track? I mean I don't believe he ever sold it for money, i think he just released it as a freebie out of love for the brothers Sandison.
As I recall, during the Lake Delores listening party, there were ustreams and mdg said the brothers said recording the first three songs was alright but that was it. Some streamer proceeded to tape part of Jacquard Causeway before likely getting shut down, and mdg reiterated this was going against their wishes.
I don't think they feel strongly about it on this one in terms of its release, but I am merely going with my gut.
And I think Fredd-E is right, there's no reason to bicker about it for multiple reasons. One) it gets nothing done and two) we should be grateful this thread hasn't been closed and we are still here discussing it!