This is under review.
All the factors are being considered:
- This game is 15+ years old
- It is still commercially available for sale
- The sale price a mere $2.49
- Many of the users of the mods have bought the game at least once, many multiple times through DVD and Steam
- The game is very commonly distributed illegally from many sources
- The mod does not seek to supply a user with a copy of the game per se, instead it tries to provide a modded version of the game (admittedly, the same thing)
- The mod makes an attempt (a feeble attempt) to verify the existence of the SH3 executable before installing.
- The mod does not have a way to verify the legitimacy of any SH3 exe it finds.
I have contacted Ubisoft and their response indicates they are not interested or concerned about this situation.
For now, status quo remains.