Divinity Engine is just more limited to it's own type of game.
It also comes with all the art assets, animations, sound effects, bgm, scripts, etc . . etc . . . That's the difference between a licensed game engine like UDK and a modding toolset. You just can't compare modding to developing a game from scratch. With mod tools, 95% of the work is done for you before you even begin. That's why most people find it insulting to suggest charging for mods.
UDK comes with art assets, animations, sound effects, bgm, scripts, All the content from the Unreal tournament game is there, and free to use no copyright issues there.
So I don't really understand, Why would larian care if people reuse their stuff and still get 50% extra cash?
Also what makes you think a modder won't replace all the art, music, characters, stories etc? and Just use the base of the engine?