This is one of the points he is making. It might not be legal, but it is certainly allowed with precedents being set in courts and policies being turned into law by politicians. He seems quite explicit in stating that what he is doing now with multiple 90s era games will be what happens with this years games next year, and IP protections are getting eroded at such a rate that even the big budget games get cloned with impunity. One of the quotes is about Rockstar's defense being a brand fortress and money.