Right, which states that they don't have a license and are still planning to launch beta before too long under the fair use act (which really doesn't cover what they're doing). If the operation isn't based in the US though, breaking US copyright laws doesn't actually mean anything. Its actually extremely common for people in the US to start companies in other, less strict countries, in order to circumvent US copyright laws. That's how many MMO botting and gold selling services are able to stay in business. The US ones that get big get shut down hard (see MDY vs Blizzard). While this is used to circumvent some good laws, its also used often to circumvent many laws that are just flat out wrong.
For instance, MDY vs Blizzard actually set the precedent that if you design a piece of software (lets say a word processing suite for example) designed to be used in conjunction with another piece or other specific pieces of software (lets say any Windows OS) and that the other company decides at a later date to change its End User License Agreement to disallow the use of your program, you will be guilty for any contributory copyright infringement even if you immediately (or already have) stop all support for your software.
It also clarified that breaking your EULA makes you immediately guilty of copyright infringement despite whether their was any intent of EULA breach or to what degree it was breached. In addition, even if you purchase a separate license, every time you load the program is another count of copyright infringement. To top it off, the holder of the copyright is under no obligation to pursue charges in a timely manner. Combined with often ambiguous wording (an good example is with World of Warcraft. Breaking the essence of World of Warcraft is a EULA breach) this means that a company can technically put forth a claim (leveling more than once a day is breaking its essence) and sue its license holders that have broken this claim for copyright infringement for every time they have loaded the game since the EULA breach (every time you've loaded WoW after the initial time you leveled more than once in a day). While it sounds ridiculously absurd, that is exactly how the law works right now if they wanted to pursue it. In MDY vs Blizzard, Blizzard actually had to admit on record that naming your character Einstein (or anything in breach of their naming rules) technically would make you subject to copyright infringement immediately and an additional count every time you load the game (regardless of what account is being loaded) after, if they chose to pursue it.
Many companies (especially small ones that can't afford a legal nightmare) are operating in the US while maintaining their business overseas just to avoid this crap.
