Starforce can not make companies to use the copy protection that they license, and as long as they get paid, probably are not terribly concerned about doing so anyway. The game publishers, on the other hand, do have a say in what and if copy protection is used; presumably Larian has cleared this patch with them. At some point the possible revenue loss (increased piracy) may be (and in this case apparently has been) outweighed by other problems (compatibility, PR, etc), so the publisher may not wish to object to removal of the copy protection even if they sill have the legal/contractual right to do so (if they see this as potentially good PR, may even encourage it).