They have at least temporarily circumvented the seizure by operating under recurbate.me.

The decision centers on the similarity of "recurbate" to "chaturbate" and the use of the Chaturbate name on the site. That could presumably be remedied by adopting a less similar name (not just a different suffix), and not using the Chaturbate name anywhere.

The decision does not appear to address the question of whether footage from free public chat has the same copyright protection as material that's behind a paywall. I'm not a lawyer, but I would think one could make an analogy to taking an item that's put out by the road with a sign saying it's free, and then finding somebody willing to pay you for it, or catching a fish where fishing is free, and selling the fish.