Copyright issues are only ficticious problems as professional games are published and thus already in the public domain.
The representation of some information, say the swung lettertype "Coca Cola" can be trademarked (exclusive right to sell and brand sweet, caramellized bubbling softdrinks),
but in fact the games are not (yet) independently whether they could be or not.
No one can forbid you to paint 'your' own Piet Mondrian,
play your own Joseki (wether it was played by Dosaku centuries ago or yesterday by another prof),
or replay the whole game which was sponsored by, e.g. a noodle company, which finances the game fees via their products, hence most consumers.
(I divert here) At this moment there are 60.000+ high quality games (i.e. high-dan to professional) in the public domain,
The representation is very different as well
(B1 = S16, W2= D4 is very different from a software which enables you to proceed in a game, adding your own commentaries,
thus creating something copyrightable).
Furthermore is copyright not an infinite exclusive right.
Last but not least is the reason w.r.t. J.v.d.Steen's GoBase.org wrong (to my knowledge),
it was less a restriction of access than a way to finance server costs.
If we were copyright fundamentals, we would tackle & boycott Google books, the biggest copyright infringement in this millenium (up to now).
Hence, we - resp. A.Miller - are free to chose the best possible representation of Joseki related information.