It's not an issue with the publisher. There isn't even a publisher at this point. BfME was published/developed by EA, and obviously made in the time that they had the rights. However, their rights expired, and in the meantime WB (which licensed out the rights to make games based on Jackson's films) got further into game dev
This is why Amazon's upcoming TV series, at least loosely based on 2nd Age events described in Unfinished Tales was licensed by the Tolkien Estate, rather than Middle-earth Enterprises. When New Line/WB/etc. licensed film/game/etc. rights, they did so through Tolkien/Middle-earth Enterprises, who, once again, are just The Saul Zaentz Company 1.Bring Glorfindel and his Elves to Rivendell. 2.Warn Elrond of the approaching Goblin army. 3.Defend Rivendell from attack. 4.Destroy the Goblin base to the South. 5. Train a battalion of Lorien A new game mode is introduced - the War of the Ring, which is available in singleplayer and multiplayer. The player chooses a meta-map scenario and the armies which will be present on it, after which the game is played in a turn-based fashion over the regions of Middle-earth, where players establish bases and task forces.