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Same reason Skyblivion is allowed to exist; they’re making all the assets from scratch. Usually, the issue developers have with in-engine remakes has little to do with the modification of the engine, but everything to do with the mod team basically stealing assets from a different game. In truth, there’s no difference between Skywind and your favorite Skyrim overhaul mod besides the scope and scale of what they’re trying to do.
Clarification: Skyblivion is making most of the assets from scratch, but requires users to own Oblivion in order to import some additional assets and the full voicework which is still coming from Oblivion. There’s an installer which checks for both.
Hmm, wonder how that’s going to be okayed. Also, didn’t they have voice actors? I’m sure they’re using original audio for at least some of it.
Why would it need to be “okayed”? If they’re not providing the files then they’re not infringing on any IP.