DarrkPhoenix: Probably already downloaded the freeware copy. Or has no intention of buying the game (interpret this as you will) regardless of what actions GOG takes. Or doesn't really have any particular interest in the game but just has an ideological axe to grind. Or is part of a small (albeit vocal) demographic that has little actual market impact due to it being a small demographic. Take your pick.
Bobangry: Pulling the game off sites like FilePlanet is a lose/lose for customers and GOG imo. The way they handled BASS likely brought in paying customers and it certainly created
goodwill. Either way, that was a much better method to handle a similar situation.
Besides, vocal minorities create great word of mouth with just a few people - that's what they do.
The BASS and Red Baron situations are not similar at all. BASS is available for free everywhere, including GOG, and has been for years. Red Baron is available for free everywhere
except GOG. While it might engender more "goodwill" if GOG and Mad Otter were to allow those free versions to continue, it would certainly hurt the sales of RB, which does not help GOG or Mad Otter (especially Mad Otter) at all. Plus, there is the distinct possibility that all these sites that still offer the free game are actually doing so illegally, though in their defense, they are very likely ignorant of that fact. Even if Mad Otter and GOG are OK right now with the free version existing, if those sites were to continue offering it, they could open themselves up to future litigation which most of them will likely want to avoid.
Sid_Vicious: I don't think that anybody would buy rights to the free game. Especially the company that suppose to make money, not to spend one :]
http://www.madottergames.com/ Check the news item from September 8th:
"Mad Otter Games is very proud to announce that it has acquired all rights to Red Baron, Red Baron II, and Red Baron 3D."
Zeewolf: Remember that Mad Otter Games bought this IP for good money, and then they (probably) paid even more to get hold of the original source code. So the process that lead to the games being available here was far from free. Unlike with BASS, for example.
AFAIK, they are still offering a "bounty" for the source code to the games. They did buy the rights, but no one seems to know where the source is, so they are offering $1500 to the first person who can produce the complete source for any of the games.