Moglen doesn't think non-copyleft software is a crime. The evidence suggests that he thinks non-copyleft software is bad for free software in the long run, because it has the effect of enhancing non-free software along with free software.
Anybody can observe that over the long run, if most of the best work in open software is done without copyleft, copyleft-protected software will suffer; free software will have one major contributor (people writing free software), and nonfree software will have two (huge companies and people writing most of the best work in free software).
It's not complicated. It's a reasonable perspective. Disagree with it all you want (and I do), but it doesn't deserve to be mocked.