Well creative said it was ok to do what he was doing except for the alchemy stuff, creative said it was ok for 3rd parties to do drivers and said it was ok for Daniel_K to take donations, if this was against thier EULA then they gave permission to break it in this case providing he doesn't mess with "the forbidden" stuff.
They could have been hiding it.
Anyway other companies make the alchemy too. So that's for creative. Also inside your hardware isn't all from Creative. Their is IP in the hardware and software.
X-FI wasn't from Creative.