The license states: "Buyer acquires the copyright to any derivative works created using this work, provided none of the original materials can be extracted from the derivative work by any means." It's simple. If someone makes a video game and the model is extractable, then the person can obviously be held subject to liability. Not only that, but in order to sell a game, a person would need to distribute the actual model for the players to use, even if it is not extractable. If this can be taken as implied by the license, then the buyer who distributes the video game can be held at fault for redistributing the physical model, whether the model itself is usable or not. By the way: Law and enforcement of laws don't mean anything except what a judge is feeling at any particular moment or whether or not the judge happens to be on good terms with a particular attorney or law firm, which party appears more respectable on the surface, which party is on better terms with the judges assistants, and a number of other things, but very often nothing in relation to the actual facts of the case.