As I said, "I would think...."
If other people are making money, that's their business and they'll have to deal with the consequences should any arise. Same would go for you. If a game developer says, "Hey! You can't do that", then you'd probably be forced to take the content down and maybe pay reparations, but that's up to the developer. On the other hand, they may think it's just free advertisement.
-Wolf sends