But they are making money. The game is selling because it provides access to this content. And the copyright holders on the other hand HAVE to protect their rights by claiming strikes, otherwise they can lose their rights.
MM are making money by selling people access to a tool, which people could potentially then use to recreate copyrighted content.
You know, like nearly every other game creation suite on earth. In retrospect, that sentence is unfair since you have to pay to
play Dreams games, but it's not the first suite to do that (LBP).
This guy straight up recreated (obviously not fully) Super Mario Maker 2 in LBP3. It's still up there, people making bug reports a month ago. Nobody cares because the guy that made it isn't making money off it, and never can. The guy that made a Mario battle royale flash game though? Instantly taken down, because he could have just stuck an ad on the page.
Lawyers for the most part aren't going to give a
fuck about Dreams unless Sony tries to push through the idea of charging to play/use specific creations inside or outside of Dreams.