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Because while mods distributed for free by fans are generally not a major concern of publishers, the fact remains that the sales of TTS would probably only be a tenth of what they are without those mods. And TTS knows it, which is why they don't even like to talk about it, they just turn a blind eye and say it has nothing to do with them.
But to claiming zero liability when they have a lot to gain from those mods being available... well... I think that alone is enough to give any serious lawsuit some ammunition. If someone cared enough to push it.
Personally I wish people would at least come up with their own art assets and names even if they were going to copy everything else about a game, then there would be no issue whatsoever since you can't copyright a game concept. But the fact is that using an already established name gets you more attention and more downloads.
Hopefully one day we'll see more original games on the workshop than copyright infringing ones, then TTS will be free of the dark clouds that will forever follow it as long as the workshop is making it a potential target for a lawsuit. Because even if they claim no liability, it can't be denied that anyone suing has at least some ground to stand on.
In other words, no one can blame TTS for giving players the tools to making a copyrighted game. I can't say for certain, but I'm pretty sure Berserk Games made sure to keep everything off their own servers so they can't be seud.
As another example, you can't sue Unity if someone would make a direct copy of another game. Unity just supplies the tools and nothing of the copied game is on their servers, so they can't be harmed.
They've never encouraged users to break the law. It's just a tempting thing to do due to the nature of their product, and that has precedent as being insufficient to infringe on its own if there is a substantial, non-infringing use for the product (see: video recorders) which TTS definitely qualifies for.
Valve controls the workshop, has never encouraged users to break the law, and responds promptly to DMCA requests, so they qualify for safe harbor.
Media executives are always pressuring the likes of YouTube to moderate uploads actively and to give them more power over uploads, but the fact of the matter is that they simply don't have to. It's just a question of scale, since having a person handle a DMCA notice and remove a mod takes a bit of their time.
I'm not saying for them. I'm saying something bad might happen as a result. For example, Valve could remove workshop support for the game if over 50% of the workshop uploads are copyright infringement. There's nothing saying they have to allow workshop mods.
Never say "they can't do anything about it." That's a blatant lie and completely naive. There have been many filesharing sites that have been taken down in recent years despite the fact that many of them didn't actually host any illegal content themselves. But the reality was that everyone knew that was the only thing people used them for.
And if TTS stepped on enough people's toes, they could demand that mod support be removed if people can't be responsible with mod creation. Not saying it would actually happen but let's face it, their argument would have merit as it stands. The workshop is by majority used distribute copyrighted content without permission.