Only reason being because for Brawl hacking, we import models from other games/IPs/whatever and stick 'em in. No one's gotten a C&D, no one's gotten in trouble. And the community used to be quite large.
Why would the BFME modding community be in any danger. The community is quite obscure and I'm sure if a LoZ mod was started and you google "Zelda Mods", you won't find anything BFME related for a couple of years, at least.