This is less of an issue than most people are making it out to be. Put simply, we all own Commodore hardware. We have paid for Kickstart, for the OS, et cetera. Many of us have paid for updated ROMs, too.
It may be a nit to pick, but there's really little difference between Cosmos saying, "Take your Kickstart file and apply these patches", which nobody can ever possibly say is wrong, versus actually providing the Kickstart file with those patches, which is debatable, but only slightly. I don't know anything about French copyright law, but I do know that US copyright law isn't the same as French copyright law and shouldn't be assumes to be the same.
So are there people out there who don't legitimately own an Amiga who might make use of this updated Kickstart? Certainly. However, Cosmos making it available is not going to make it any more or any less accessible to those who wish to use it illegitimately. They'll get it no matter what.
