I totally agree. In any case Google hasn't removed this site from it's database it has re-positioned it according to a it's algo's ranking criteria. Google does what all search engines do; that is to rank results in accordance with IT'S own ranking criteria. To suggest that all listed site owners bind Google into an implied contract because they have relaxed 'copyright' and thus provided 'consideration' to Google sounds like a very weak arguement indeed.
For one particular site owner to argue the above and then go further by claiming that the "consideration" it returns to Google obliges Google to retain it in #1-10 position sound like nonsense.