"The person you are upset with is technically permitted to do the thing that you are upset about" is not a good counter-argument to someone's distaste. Whether

"The person you are upset with is technically permitted to do the thing that you are upset about" is not a good counter-argument to someone's distaste. Whether or not the licensing agreement _permits_ this usage, it is not the usage that the contributor (to whom you are replying) foresaw and was enthusiastic about.