Thirdly, the TTW site is run by an individual who doesn't post advertising on the site, so it can never be argued that the TTW project is producing any sort of profit. Secondly, the few assets we have to distribute outside the installer are modified from the original in some way, as the Bethesda licensing agreement for modding states that you can distribute modified game files. First, TTW requires you to own legal copies of both games for the installer to find Fallout 3's assets and modify them. TTW has several layers of legal protection because we want the project to succeed while being completely above-board. How warranted is this fear? No one knows, and no one from TTW or the Nexus wants to run the experiment and find out.
The fear the Nexus has is since they run off of advertising revenue, hosting TTW could violate copyright fair use that TTW relies on because they would be a service that is making a profit while hosting the download. While the Nexus doesn't allow TTW itself on their site, they do allow mods that require TTW - and we support that decision 100%. This is actually a common misconception about the relationship between TTW and the Nexus.