malicious no, not by a long shot! I agree to that. But... naive at best...
Still it's not only returning any earnings, which would make sense, but also the idea of "examplify" in this case. Otherwise, if there's no real harm to them, apart from taking back 'the candy', it's only a matter of time if any 15 year old will start doing it and publishers accepting it.
And even, if the developers have nothing wrong in their mind, which I do believe is true actually, the publishers is a different story! And the publishers should've known better. Oblivion is not some obscure little game, downloadable from... Zimbaboue, it's one of the most mainstream games, that sold millions probably...