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Since there not claiming it as there own ( at least from what i know ) then i guess i cant yell SUE THE B#####DS 

That does not mean such actions are legal, UNLESS, the game would have a free license, or if the copyright holder did explicitly allow this site to host the game. So yeah, "Sue the b######ds" is actually an option, however the question is if it won't cost more than it will get you.