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Unofficial DLCs as mods (i.e. Falskaar for Skyrim), doing their work for them for free (Skyblivion, Skywind) is fine, but naming mods like a new title in the series is not.
https://www.falloutmiami.com/winter-2020-progress-update
This is the last update they did, it's fair to say that it's not dead but the previously mentioned scenario is very likely to happen.
Usually the problem is in the archives. Bethesda does not own voice actor file distribution rights beyond their own games. This means that they can not grant permission for people to repack them for distribution either, if archive files between games are not compatible with each other.
If they are, then there isn't an issue. If you are making an conversion from one version to other and their archives are compatible, then players owning both games already have access to these files. This is why projects like SkyOblivion are allowed to continue. Skyrim can read Oblivion archives, so there are no legal issues to create a conversion, which requires player to own both games.
Porting FO3 for FO4 would be outright impossible, due to same reasons. FO4 swapped from BSA to BA2. Systems are not directly compatible with each other, so doing such conversion would require permissions from all interested parties, or redoing a bunch of assets. This is where Capital Wasteland tripped. Bethesda didn't "can" them. They canned themselves, after they realized that Bethesda could not grant them any sorts of legal permissions to use voice files between incompatible archives.
Bethesda owns their own assets. Third party creative licenses are different and that is the most common legal problem for conversions projects.
The problem doesn't exist with projects like Enderal, where project team provides all third party creative content for the game. They don't need to go around begging around agencies for licenses, or face possible trials for breaking such licenses.