The key difference between music and Titanium is that the record labels have a vested interest in suing people over downloaded music, whereas SOE (or whoever owns them now) has no interest in suing people over a 10 year old game that they can't make any money off anyway.
Edit: And if they did, they'd almost certainly start by suing our beloved Project 1999, rather than going after people who download the software. As I recall (don't remember the exact thread) they've pretty much said "we're not going to do that" (as long as no one makes any money, which is why P99 can only take donations and can't sell us anything).
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