It was already getting shut down. Hell people were actually donating so $$ was involved. They're stealing the IP and making a server of their own. It's not allowed. Also your example of the Metal Gear HD remake is sooooo different it's bad.
Still good enough to have a loyal player base that want vanilla exclusive servers.
In their minds maybe, doesn't mean it actually is better. Aint legal either(Making a private server that is).