Unless there is some clear basis to argue that a free license applies
to these files, they are non-free.
I would expect that the lack of a license notice is unintentional and
that the developers of these files will add a license notice when they
see a bug report about this.
Did you ask RMS about programs with no license headers or programs that
happen to not include a copy of the license?
If GPL headers are there, then the author has probably just forgotten to
include a copy of the license and usually a note will clear that up. If
you've got programs with no headers at all or just a smattering of BSD
and MIT, then I don't think you can assume that those programs are
free.
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