Oh wow, it's still not over.

Potential loss is a viable case as well. As in the case I mentioned, the game that was being "sued" over was Nascar Racing 2003 made by Papyrus Games. Papyrus lost the "rights" to the Nascar name as Nascar granted EA sport the sole "rights" to use the name and the company went "under" as all they did was create Nascar simulations for the computer. " iRacing" First LCC at the time, who bought the game engine from Papyrus had absolutely no intention of using the game engine for anything other then testing. Their claim was, if this can be modified and distributed freely, why would anyone buy the product we intend to make? Had Tim redistributed any of the game content self created or not he would of loss. They also filed cases against many modding teams though they all submitted to the cease and desist order and no further action was taken.
As for the free to play, I"m sure they can take a user base divided by profit to come up with an average amount a player spends on the game