Quick disclaimer: I haven't played through much of the story. Just did the mission "Down on the Street", so that's where I'm at. If I made an incorrect assumption about content below, that's why.
There exists a contract between Reeves and CDPR. I don't know the details, I don't work there, but Reeves didn't just walk in and say, "Hey, put me in your game I'll do whatever you say." In that contract, which, if CDPR has half a legal brain, there are many rules and stipulations about what can and cannot happen with Reeves' likeness. I'm willing to bet, since as far as I know, there isn't much Silverhand nudity (yet, could be wrong there) that contract includes not having Reeve's digital dong waving around, much less depicting intercourse with anyone.
If that's true, then there's a good chance that CDPR could technically face trouble for breaching that contract if they don't stop the mod. It depends on the legalese of the contract but think of it this way; if a person puts their likeness and identity into a game on the condition that their character will never, ever, under any circumstances, juggle while riding a unicycle, the person will not be happy to see that anyone has modified the game to have them juggling on a unicycle. The person has little to no technical knowledge, all they see is that CDPR isn't holding up their end of the bargain since people are making them do the specific thing they were told would not happen.
In other words, if CDPR agreed that there'd be no Silverhand sexuality in their game, it wouldn't matter much that it was a mod or not, it's still happening. CDPR is most likely just trying to cover their assets here, because if there's nastiness for a breach of contract, CDPR can say "We tried our best to stop it but it simply isn't in our control" and hope that the courts agree. That will all come down to legal precedent, and I'm no lawyer, so... yeah.
All of that to say, does CDPR have the right to take down the mod? No idea. Could they get in trouble because of the mod? Absolutely, and they're probably just trying to avoid that.
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