The main point is that while the Dynaverse team can't do this mod (due to licensing agreements), Firesoul is not bound to those same licensing agreements (unless he signs on for the SFC:EAW revision that is underway). Until a cease and desist letter appears, and due to the fact that there is no SSD in SFC (it is abstracted, however), Firesoul isn't really copying anything verbatim. Plus, he is having to make adjustments for SFC versions, and use non-ADB models (I've yet to see an ADB guy do any modeling here, is there even one?). So his shiplist is really it's own thing.
That being said, if Firesoul were to post SSDs from modules on this forum, THEN we'd have a clear infringement. He has not done so, and hopefully never does. Plus, damage works somewhat differently in SFC (two hits for systems intead of one, for example), so it isn't really the same thing. As long as he is not profiting from his OP+ shiplist, I think Frey has it right - it isn't worth the hassle. Plus, Firesoul is generating interest in these new modules, which is a good thing as he pointed out. While I don't play SFB anymore, if I ever hit the lottery I wouldn't mind purchasing some new modules...
I can also argue this the other way, but the fact that nothing is word for word I think gives a little wiggle room.
Models are another story. Fortunately, many of the SFC models for the 'non-movie/tv' ships are not direct copies of something that is licensed. But that's a topic for another thread I think.
Also, keep in mind that Frey and the boys have been selling digital copies of EAW (last I checked anyways), so they are definitely subject to the licensing terms which they've worked out - I'd imagine ADB is getting a little more cash from these sales, miniscule as it might be.