
Mage, I understand your viewpoint. Gee, if we're using a hacked BIOS and a leaked devkit, why should a porter give a damn about an author's licence?
However, I do not agree with it. Let's say I innocently borrow the belongings of a sibling. Well, he didn't want me to have it; ergo, I stole it. Now, does this mean that, since I've already done something immoral that I must do further immoral things, because I'm "fucked"? No. That's no excuse to, say, start hotwiring cars and taking someone's midterm paper to claim credit for it.
Yes, all of us have to use an illegal product and firmware to run these homebrew titles. They're all compiled with the XDK. And, quite a lot, an author's licence is ignored when a new port comes to the XBox. The first two problems have no quick 'n easy solution; however, honoring a licence (and, in a similar vein, the author) is fairly simple: give credit and release the sources (in the case of GPL).
The first two problems are being worked upon; Cromwell may well evolve into the kernel that runs OpenXDK binaries, and the OpenXDK will soon have a contest. Until then, honoring the licences is the least we can do. There's no need to wash your hands in blood when a mere trickle spatters upon them.