If you don’t believe me grab a copy of the US Code that deals with copyright law and tell me where it says that you can distribute adaptations as long as they are for free.
I am not actually arguing that point, but its covered under an assessment of intent or purpose
Also, I had done an extensive survey of this issue back in 2003 and the conclusion was that what these projects amount to is safe conduct and not of material issue.
If it were not true and you don’t believe ME, then why have not all these so called “unauthorized axis and allies expansions/variants” have never been sued? They have millions of them since 1981.
http://en.wikisource.org/wiki/United_States_Code/Title_17/Chapter_13/Sections_1301_to_1303
……design of subject matter excluded from protection under section 1302 if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Such protection shall be independent of any subsisting protection in subject matter employed in the design, and shall not be construed as securing any right to subject matter excluded from protection under this chapter or as extending any subsisting protection under this chapter.
Protection under this chapter shall not be available for a design that is—
(1) not original;
(2) staple or commonplace, such as a standard geometric figure, a familiar symbol, an emblem, or a motif, or another shape, pattern, or configuration which has become standard, common, prevalent, or ordinary;
(3) different from a design excluded by paragraph (2) only in insignificant details or in elements which are variants commonly used in the relevant trades;
(4) dictated solely by a utilitarian function of the article that embodies it; or
(5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than 2 years before the date of the application for registration under this chapter.