Whether or not IP earns money does not negate the rights of the IP's owners, or grant piracy. On that note, I've heard some Star Wars fans argue that the cottage industry of distributed, original trilogy theatrical version "restoration" projects (e.g., "Despecialized," Project 4K77, etc.) are somehow not theft or piracy because--and again, this is their reasoning--the theatrical versions "officially" no longer exist, and as of 1997, have been "buried", therefore, some argue in favor of flat-out theft & redistribution of the films because they feel "Its our history" / "we grew up on this" to the hollow, "we have a right to.."
Needless to say, the Star Wars theatrical versions are as legally protected as the Special Editions, the endless physical media versions, and that which is available on D+. The theatrical versions forever locked away in some vault does not lose its legally protected status, yet you have the "Its our history" / "we grew up on this" / "we have a right to.."