Discriminating how?
You broke the law by developing a game on their licensed content.
That means you're entirely at fault and they're perfectly okay to do this.
The only reason licensed anime works are ever okay is because BYOND did you people a huge favour and turned a blind eye.
If you scroll through the posts, you'll notice someone linking something Nadrew said in 2003. He contacted FUNimation and asked whether it was okay for this site to hold Fangames, and they said it was okay as it didn't interfere with their income.
Wrong.