Having just skim-read the thread, here's my 2 cents: We have to ask one question: could Lore get a fair-trail? Assuming that the Federation legal system has jury of your peers, where's Lore's peers? Meaning that if he was granted the same rights as Data, he couldn't avail himself of his rights cause any one of his peers would be biased against him.
Personally, I think he was just shut down and shipped out to the Daystrom Institute or the Starfleet version of the vault from the end of Raiders Of The Lost Ark. If anyone asks, they're "reviewing" the situation: which means Lore's laying sealed in a shipping container. If you want to go dark, they use him for spare parts when ever Data needs something that can't be replicated.