There would be no lawsuit. The only repercussion would be a court order to discontinue distribution, which would require EA to have lawyers file a complaint. Which they would not. Check PR.
That's pretty short-sighted especialy when you know how lawyers deal with copyright infringements in some countries, like here in Germany for example, people who make a living out of suing people for just doing the wrong step at the wrong time, even if it is not an infringment on purpose.
And this exactly is the problem, that Harmonikater explained. Distributing FH2 as a standalone using content and code from BF2 and redistributing this stuff is nothing else than ripping a cd with music and distributing it in the world wide web. Even without the copyright holder even taking care or knowing of the infringement, a certain group of people like picky lawyers will try to get you nailed down and earn some money. And they will not write a letter to roll back, they will send you a bill.
That's something that goes beyond some peoples horizon and sometimes it feels like talking to a group of five year old. Even if you explain it perfectly fine and with every information needed and some good reasoning, people will still insist on that FH2 devs are
a) totaly against horrible Standalone (wich is complete rubbish, as we all know of pros and cons)
b) too lazy or
c) just too scared.
Im going to go out on a limb here and say that C) seems to be the trend.
If PR with its thousands of weekly players and a much bigger public footprint still have not attracted hunter-lawyers since going standalone, FH will surely not do it. If anything, they will get PR first, with its much bigger distribution violation.
I really dont want this mod to dissapear into nothing, but for how long do you thing a mod like this will survive with a half filled server at average? My humble suggestion would be to go standalone, and push hard marketing towards ww2 game communities like Traction wars and Batallion 1944. If you do this right i see chances of 50-100% increase in active players, or even more!
if you look at PRs playercounts pre and after standalone, they went from 200-300 at peak players, to 900-1000 peak players after. Even now, a year after release, the playerbase is rock steady with 700-900 players during weekends. (even after the release of Squad)
And please dont think im being critical towards your work here, the mod is still amazing after all these years, but for a mod to be great, it needs a playerbase, or else you could just have dropped all MP support and used the time to NavMesh for bots instead.