Thats... basically the same thing. I don't know what your trying to say here.Except Sega has never explicitly stated anything of the sort anywhere.
Their position isn't "we have allowed this and anyone can do whatever they want", it's "we don't care and we won't do anything about it unless we have to".
Contrary to popular belief, Sega has taken down Sonic fan projects and other unlicensed projects made with their IPs before, Sonic Eclipse Online and a fan remake of Streets of Rage being major examples of this.
and both of those are because of things the creators have done. have we done anything to trigger this? no. so this still applies.