On the legalities if the ECM cannot be read via the OBDII port then you cannot tune the PCM, end of story there.
I cannot say for sure if the ECM can be read by pulling it apart and hooking on equipment to read it that way using what is known as BDM or pulling the chip.
So how is a company supposed to get the stock tunes to then re-distribute to customers?
TIS2WEB clearly states in the Terms & Contract that any means of copying or distributing the files downloaded from TIS to your PC during a reflash is illegal

I have been told that some of the 6.5L were acquired illegally