I'm not a lawyer, but I can't imagine the consequences of copyright infringement become less severe when you know you're doing it. The bottom line is that anyone can still use affected tilesets, but they can't be included in this repo without potential trouble, especially now that we know about the problem. They may have just used stuff and didn't know it could cause problems. But the tile in question was found in the original MShock tileset, and AFAIK, the author of that isn't around anymore, so we can't ask them what else they may have used inappropriately. SDG didn't make that tile, and I personally suspect that their original work is exactly that - original. That's not exactly something you can blame Kevin for. I heard that Dead People tileset author deleted his sources because of that. At worst, they'd shut down the repo completely. At best, the license holders would ask us to remove the tilesets. Unless and until that happens, the risk is simply too high to keep those tilesets in the repo. If you're willing and able to prove that the rest of the tileset is fine, do so and it may come back. The only responsible thing to do is to take it down.
The sad truth is that it could very well be just that one tile, but if it isn't, and the license holders find out, that lands the entire project in a whole heap of trouble. Instead of blacking out on tile whole tileset gone away.
A copy of this tile is used for the 'Jerky' tile.