Just because it needs to be said, an obvious difference between Vryce and Traithe is that one was done through secrecy, lies, and denial, while the other one has put warnings in his game, is willing to put disclaimers on his website, and is level-headed enough to discuss issues rationally in this forum.
Vryce has operated under the false premise that his work is not a derivative, but made from scratch, and appears to live his life upholding that lie, deleting any evidence found that would uncover said lie. He has been actively censured by the original creators of the work that he stole, and actively makes money off of something he didn't create.
Traithe is very open about the fact that his work is, in fact, a Tolkien work, and has not made any statement that would lead any rational being to believe that he claims to have created any part of Middle Earth or any of Tolkien's creations. He does not profit from this usage, and has not been commented on for good or for bad by the original work's creators (or representatives thereof). He has taken all steps that are required of him to do this the correct, legal way.
Bottom line, I'd stick with the legal argument. Because morally, there really isn't any comparison. Call them both thieves, but I think we all know which one of them we'd rather meet in a dark alley.
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