Whether they are making money doesn't matter. Crimes aren't suddenly legal just because you do them for reasons besides profit. Otherwise the only murderers in jail would be professional assassins.
> Crimes aren't suddenly legal just because you do them for reasons besides profit.
Plenty of specific crimes, do, in fact, have seeking a material reward/exchange as a required element of the offense, and the act that is criminal when done for profit is legal (or, if still illegal, illegal under a different provision which often has a lesser punishment) when done without that exchange.
> Crimes aren't suddenly legal just because you do them for reasons besides profit.
I don't think anyone is suggesting that. But, at least in US law, there is a major distinction between commercial and non-commercial copyright infringement. Both are illegal, of course, but they are treated very differently.