This right now is a court of public opinion case. From what I understand of Fractalsponge's work, is he makes the models. Source material is probably used to layout the overall volumes and certain details which have been defined, but as is the case with these 'placed bumps' that's the work of the model maker. When downloading the model, the downloader agrees to give credit when the model is used (financial or not), that's the terms of use.

Download and read through their terms of use:

http://scifi3d.com/details.asp?intGenreID=10&intCatID=8&key=517

You can set whatever terms you want when releasing something into the wild. The Open Software movement, says you can use programs and modify them As long as you make the next results open source as well.

For a real court, they might have the files from each side compare dates and if there were iterations saved that would sway to one side or the other. Using website stats they might be able to place when the file was DL'd from LFL.

What stinks is this is possibly the third time, for the same model.