Trying to keep it short (since it's deviating from our main objective here) this kind of action didn't exist before DLCs.
It's a natural downside to the DLC phenomenon. There's a real claim of substantive infringement if people undermine the DLC marketing of the IP by making the same models, data, and behaviour available free, so it's far more actionable. What happened before was that people took the models and used them to do something else, something that isn't a strong work-alike for something that's sold for money; I'm sure that, in principle, 2K and Firaxis would be happy for things to be used in that manner, as they've made statements (as you observed) that modding is very important for this new version of Civ.
Yes there were expansion packs before but I think that's for another discussion. But from what you said I think you are not much fan of mods, neither you followed mod communities in depth, much less Firaxis statements about modability on Civ5 - put as one of the main features of the game.
I'm actually a great fan of mods, and have played several plenty for CivIV (although that's the limit of my playing them for Civ games, until CivV, where I'm trying to actually get in on the action doing the Modding - I was a latecomer to CivIV generally, having skipped CivIII). I've not been too involved in any communities for modding, that's true, and the deepest I've been are for open-source games, particularly not involving shiny graphics
. I'm also not opposed to DLC, as you might've guessed.
I do feel that there are some mismatches between the statements made by the developers and publishers about the potential for, and importance of, modding, and the support for it. Examples include the handling of 3D, to reuse meshes and skeletons with new skins, for example, not being straightforward, or as far as anyone can tell even possible. We can hope that this will get better. Nearer to my own work is the problem that you have to individually hack the starting positions LUA to add a new resource, meaning that the modularity of mods breaks down, which is slightly annoying.
My ethical view is that we should be able to re-use the skins (and derivatives thereof), skeletons and meshes from the core game, by reference; I am unsure of whether we ought to be allowed to redistribute them. My understanding of the law is that we certainly can't redistribute them without permission; the possibility of civil action as a result, however, is dependent on the arguable loss caused to the rightsholders, which is minimal if they are being used to do something that Firaxis/2K haven't done.
I also don't like the implied insult there.