That's the point, they have started making free copies because the BSD license is even more permissive than the GPL. Plus, BSD is original US UNIX, unlike Linux.
Thus, your condition is fulfilled for N3WBI3 to have a leg to stand on.
And quit trying to use BSD as a red herring, it's obvious you support the free use of it as well, even by foreigners that publicly rebuke our military.
It is neither my place nor yours to support or denigrate the use of the software by anyone. That right is solely vested in the copyright holders. Unlike you, I respect the rights of the copyright holders.
We support copyright holders being able to control their code any way they wish. If they wish to use the GPL, BSD, or any other FOSS thats their right. In a similar way they if they choose to restrict their license thats fine too. Thats called being consistent.
You on the other hand are either not consistent or not honest..
Wait, I do have to restrict that. I respect their rights until they start trying to revoke existing rights as established by law through their licenses. That is the case with the Microsoft and other licenses I've challenged you to defend, and you've repeatedly chickened-out.