Ok so one game got a texture off another, and that game got a texture off a website
huge difference
The thing is, based on my understanding, they probably didn't even know how we got it, or even if Badspot made it himself. In his mind, he was probably taking something Badspot made, he was taking directly from a game which never gave permission to use its content. He had inconsiderate intent. I mean, if he KNEW it was something he could use freely, he would have gone directly to the source rather than make bad edits of the original.
Now I could be wrong, but that's sure how it seems.