They could always have them agree to one of those use at your own risk agreements.
true. in that case i dont understand what is stopping them or giving them hesitation about this. i still think that, even though todd wants it to be free, if they charged for the mods on consoles they could make a lot more money on that than the actual game itself, even at low costs. I would like it if it were more fee per month than fee per mod though.
*edit* as for charging for it they just need the modders to sign over all the mods to bethesda(which i think they do regardless), as they cannot sell the mods for profit(if i understand the modding community correctly, never having been a modder myself).