Yup.
I think a good policy would be, "the EoFF site staff may put up and host copyrighted material, but any other parties, be them forum or other, may not". If Cid wants to have ROMs and soundtracks on the mainsite then that's his decision. And if legal troubles ever do come this way, I'm sure he would deal with them. Everyone else should be subject to a no advertising illegal content rule since Cid cannot directly control what others post.