This is just talking about them. Other people could come along and do the crap themselves if they wanted. So far though, nobody has.
They did it for the PS3, and they saw it happen for the 360.
So it's repeating history based on experience, not speculation.
Like, if I were to tell you that dropping a 100 pound ball on your head would kill you, it wouldn't be right of you to dismiss my advice as 'speculation'.
Just read this thread to see how many people went and insulted marcan even after he clarified why he didn't want to release his work. Not to mention all the "I don't like this person's opinion therefore he thinks he's god because he's keeping his opinion anyways because if he was human he would change his opinion to match mine".