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.
That would be my guess.
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).
I don't think I've seen many copies of Beyond Divinity in my retail stores nearby, period.
Heck, is BD still in print by Hip Interactive in the USA?!?!?!?
Heck, here's my next question -- is Hip Interactive still even in business???
If the game's not in print any more, which would be a shame, there won't be too much of a loss at the retail outlets! :P There's no game to pick-up.
I do wonder who will publish Divinity 2. It could be possible a publisher might re-print DD and even BD -- or maybe even have a Special Divinity Collection box, and put it out right before they release Divinity 2.