I think there is a bold claim here that makes no sense.
The policy is against currently commercially available software, if I am correct.
Almost every bit of software is copyrighted
, just because it's old doesn't mean it isn't.
So as a first step, you best clarify your guidelines with proper LEGAL wording.
On the matter in question, even if the FTP is linked here and created by members from here, the legal liability of EAB for off-site content is zero or close to that. The Pirate Bay seems to be doing quite OK: http://en.wikipedia.org/wiki/The_Pirate_Bay_Trial