I have said this before, and I will say it again, relying on the "friends and family" EULA is shaky, shaky ground. Read any post of mine from the last oh, 7 years on the subject if you want to know why. The relevant sentence everyone conveniently neglects to read is "Any permissions granted herein are provided on a temporary basis and can be withdrawn by Interplay Productions at any time." They had updated the EULA on the website in like 2000 or 2001, but of course that is gone. There are no requirements for copyright holders to post these updates, as far as I know (not being a lawyer, I cannot say for sure), and their revocation of these rights can probably be processed on a case by case base (such as a cease and desist), and things like the DMCA probably provide implied coverage anyway.
When I talk to our lawyers about things, they always ask me this: "Will your definition pass the reasonableness test?" Is it reasonable for me to believe that you are distributing it only to your family and friends if you host a file on a website that ANYONE on the internet can download? Is it reasonable for me to believe that even all 3827 members of htis website are your "friends"?
My guess is a judge would laugh at you, it would certainly make an interesting "Law and Order."
FS2 recently re-appeared on GameTap, which means someone is alive at Interplay (or was long enough to sign the contract).
They may be enforcing their copyrights now. Hosting these files you do so at your own risk. It IS copyright'd material. The ISP may shut you off and be perfectly in their rights. I'd look at your Terms of Service, specifically for any clauses that say they have the right to refuse service, etc, etc.
You may be screwed, you may be able to get your account back (or maybe a refund) by explaining it was all a misunderstanding. You will not get it back (and subsequently be able to distribute the files again) by claiming it was your right to distribute the files based on an 8 year old EULA that may or may not have any real basis anymore. You will certainly be immediately transferred to their lawyers if you start talking about lawsuits. That's what I tell my guys to do, as soon as someone says "lawyer" the call changes and gets transferred to someone with that kind of knowledge and authority.
-edit-
Google for the legal defnition of friends and family, probably a relevant place to look are teh SEC rules around stock offerings, I think you will find that they fairly narrowly define it. There would be
more people in jail for stock fraud if people defined friends in the way people here define it. Remember, you are dealing with a legal document, which means you are dealing with lawyers. Words as definied by lawyers frequently defy logic and are rarely ever the same definitions us mere mortals would give for those words.
