Oh, I don't disagree that distrubting it was problematic. But at the same time, EA wasn't selling it it wasn't online anymore. At that point nobody besides owners could play it. So might as well let people "pirate" it if that's how they wanted to play a game that was no longer being sold.
I do disagree with you on them not being able to modify it to play online again. This was back in the era where they were given server hosting software. There was nothing propetary there (besides the code) that EA really needed to protect. The only modification they did was change the server hosting/finding software from Gamespy to their own servers. EA could do this very thing themselves, but simply won't because they want folks on the newer titles.
I think we are on the same page but kinda talking past each other.
What I'm saying is, creating a patch that looks for an installed version of the client or server and fiddles with that is awesome. It's also completely legal, even if the EULA will make it seem otherwise. Nothing companies can do about that. I'm all for fans to keep games alive well beyond their often short shelf life has ended. Heck, they have my respect for their dedication.
What I'm saying is, if you're going to piss off a company, you better have a clean vest. EA and other big guys will naturally go after anyone that even remotely inconveniences them. Often for seemingly inconsequential stuff.
Using assets owned by them, such as art, iconography, trademarks -or anything else- is not a good idea. In general, really. Unless you have written permission. Hosting their server or client binaries is lunacy. Anything beyond a patcher, like a customised installer or reusing their assets by baking them into your released stuff is just begging for a C&D. If you need an asset, locate it in the installed game folder or prompt the user for it and leave it to the community to distribute it for you.
Ayone who wishes to play the game either has an installer already or will have a friend or internet acquaintance that can hook them up. Sure, a bunch of people with only a passing interest will not go to the pains of typing "download _____ game client" into google or visiting a fan forum and reading a stickied post with the download links, but frankly, fuck those lazy guys.