Currently ICOs are not regulated due to a lack of regulation. But the minute an actual regulation pops up, ICOs will again be unregulated if they fall out of conformity. It is a sort of a recursion. So EOS and others are taking whatever disclaimer precautions they can. Also, their smart contract token distribution is just a stage in development - they will have their own blockchain implementation. If you think about it, ICOs without Ethereum would not be possible.