The most we can do is ask politely for the rights from whoever holds them, and try to convince them....
Very unlikely, but there's not much else to do...

I have drafted a letter, in my small hopes of helping this mod to succeed:
Intended for the Tolkien Enterprises Licencing Division:As you may or may not know, the production of the Middle Earth mod for Morrowind has halted production.
If you have not heard of this modification, please visit
http://mwsource.net/forum/index.php?act=SC&c=9 and read up on this mod, particularly in the "Daerk On" thread under "General MEMod Discussion."
After reading the information available in the above link, you can get a sense of just how much of their soul the developers have put into this project. This description of just one person's work on the MEMod, given days before its closing, can also give you an idea of just how much they have worked:
"I'm going to give an indication of why memod's not dead.
it's called the contents of my hard-drive. or more accurately, the "Memod" folder.
And this is just my own part of the work, not to include the rest of the other member's efforts to produce it - that is seperate.
Contents. 6 sub-folders.
"Others"
"Middle Earth Mod For Morrowind"
"Middle-Earth Concepts"
"Middle-Earth Promotional Samples"
"Texture Library"
"Reference Library"
"others" contains translations and original anglo-saxon copies of Beowulf, the Fight at Finnsbug, and a huge wadge of linguistic work, including copies of half the academic lectures tolkien gave. the 55 files total 3.8mb.
"texture Library" contains 933 files, ranging from Photoshop Masters to DDS texturemaps. it comes to a total of 857Mb.
"reference Library" contains 339 files: 260 of those are photographs and the rest are scans which I have taken for the memod. they range from weaponary and armour to a full year's worth of environmental reference, to allow texture maps for "summer" "spring" "autumn" and "Winter", and for every imaginable category. there are "leather" "portraiture" "food" "stone" "wood" and even a "chainmails" folder in there. the folder alone comes to 1.76gb.
"promotional Samples" includes articles written for Magazines that never published the articles, screenshots, renders, maps, and wallpapers. one high-res map file alone comes to 138mb. The Entire Folder consists of 139 files totalling 1.41Gb.
"Middle-Earth Concepts" has folders titled "creatures" "esgaroth" "maps" "arnor" "gondor" "primary source" "tolkien original drawings" and a string of other folders that give away the timeline. Many of the folders contain sub-folders. The entire folder comes to 341 files, and a total of 742mb of images.
And then there's the biggy. "Middle-earth mod for morrowind" the one with models, Icons, "Household items" "design docs" "creatures" "Audio" "Buildings" and "weapons". there are a total of One Thousand, Six Hundred, and Forty-six files in there, that total up to 1.68Gb of data.
that, in total is around 6.44 Gigabytes of data, 3,453 files, of work for the MeMod.
six and a half gig. three and a half Thousand files.
Every day, I spend perhaps 3-4 hours working on memod. At one stage I used to just draw. then I started trying to manage a team. When D left, I took over the lead for this mod. I try to be dealing with the needs and requests of the entire team - if KFM wants a peice of design, I'm the one who's not getting it to him... when atti needs a drawing of an object to model, its'my falure to give it to him. there's a lot I fail on. Workingon this full time, I'd struggle. Instead, I don't get a penny for the memod work, and I should be working as a freelancer producing stuff for clients. I've had nights that I've failed to end up in bed with partners, because I've had to produce work for memod. I've written, frankly, an unknown amount for memod - now so much one hundred thousand words, it's more likely a million - we've probably written more than many authors, discussing and designing this mod. I've learnt software I never dreamed I could use to create this mod, and I continue to learn. I've probably spent more money than I want to think about. Lenses and film must have set me back five hundred pounds. Software, I'm not even going to try to count. I've bought four copies of Morrowind, because of CD's either wearing out or being broken in one case. I've had nightmares about the MeMod.
And that's just me. then there's the huge volume of work produced by Theta - both as a designer, and in organising the mod - without her, we'd be no-where. Then there's the insane amounf of art that KFM has produced, often struggling because I've not got the time as the lead to be able to give feedback. There's times I'd gleefully murder him, and give praise to dark god as I burn his body sometimes... but I'd give him a hug for being a suffering sod, just as often. there's DP and Kahenraz's work, and Ember's ideas, Rynos, who started off wanting to do art - and a frankly dire artist, only to have evolved into a bloody effective PR and researcher who's doing a fantastic job of helping get the mod running in some sort of order, with theta's skills and guidance. And there's a hundred other artists, modellers, designers, and assistants, from Devs to teamsters that I can't even list, in some cases - atti, howlingoak, greywolf, and countless others. Each one has been of priceless value. And I can't give half of them quarter of the feedback they deserve."
It is these devoted Tolkienites' dream to create and present the perfect tribute to Tolkien and his wondrous publishings. Day in and day out have they worked to accomplish this dream, that only a team with such a good relationship and devotion to Tolkien could produce what they have promised.
The decision to halt production on the mod effectively crushed these dreams.
Suzerain, the lead developer of the Middle Earth Mod, stated the following on 18 September, 2004:
"Dear Players.
Following contact and negotiations, first in letters with the solicitors to the holdings of Tolkien Estate, and today, in international telephone calls to the holders of the electronic media rights to the works of Tolkien, a decision on the Middle-Earth Mod has been made.
As a result of the contacts and discussions, it has been concluded that, barring a near miraculous turnaround in legal stance, MeMod does not have the right to the use of the copyright content of Middle-Earth for any Electronic Media production, profit-making or non-profit.
Nor, it would appear, has it held any such rights over the last two and a half years, despite our belief in such an agreement. This comes as just as much of a shock to the current Dev and Team members as it does to you.
This situation therefore means that Memod is no longer a viable project, irrespective of it’s nature as a non-profit tribute. In light of this breach of copyright law with the holders of the rights, we would be unable to release the MeMod without threat of legal repercussion on all members, and it is therefore our only practical option to call a halt to the project at this stage.
In light of this closure, I would like to publicly thank the following members, for their work and effort for the Middle Earth Mod, over the years.
Ancalagon
Atti
Casuir
Communist James
Daerk
Dark0ne
Dark Lord Sauron
DeLite
Diplomat
Diseased Punk
Earendil18
Earrindo
Ember
Ent Went Moot,
Eru
General Timothy C
Geonox
Ghorgareth
Gogeka
Greywolf
Howlingoak
Illvarin
Iluventi
Immortal Snafu
JamaicanMeCrazy
Jesugandalf
Kahenraz
Kethruch
Kfmccall
Kyp
LadyMidnight
Lethmorra
Lord of the Boards
Lord of the Cheese
Lordoverkill
Lyte
Mighty Mule
Morgoth
Mr Badger
Nailo
Phr33ksho
Porcupine 1
Ring
Sarrowa
Seremegil
Sereph
Shizzy
S MacNelly
Smuli
Sone One
Stewart
Surian
Rynos
Theta Orionis
Tolkienniste33
TypeIII
Wardem
Wookiee
There have been many others. Each deserves their mention, and I wish I could, but in the course of two and a half years of work on this mod, as an artist, as lead artist, and as the lead designer for the entire mod, I’m afraid there are more than I can remember.
Thankyou. Each and every one of you, for the effort you gave, that got this project so far, to be halted. We’ve overcome letdowns, design changes, leadership issues, technical problems we thought would be impossible to overcome, and a hundred other problems. Sadly, this is the one problem we cannot get through.
Likewise, I’d like to thank everyone who applied to join the MeMod team over the years.
In a later post, I may well outline what MeMod’s timeline and story were to be. But that’s not for today. Today is to say goodbye to a dream we struggled for years to produce, stillborn.
Suzerain."
Many of us have been following this modification since it's inception years ago. Others have joined up more recently. There are currently 397235 registered users on the Morrowind Source forums, which host the MEMod forums. As you most likely can tell, this came as quite a shock to us. Read our reactions here:
http://mwsource.net/forum/index.php?showto...topic=10645&hl=So what, you are probably wondering, am I writing to you for? Simple: I am asking if there is any way to obtain the rights required to make this dream possible? This organisation of developer skill and talent is doing this for absolutely nothing - no profit whatsoever. Yet they still worked for countless days to realise their hopes. This is because of their love of Tolkien's worlds and works. These people are not greedy in any way at all. They are completely selfless. If I could help them in any other way than asking you for help, I would.
To restate the question: is there any way to save this modification? To prevent thousands of hours of work going to naught? What are the licences required for this mod to be able to continue production? And, finally, if you do not hold the rights, who does?
Please, help 40,000 people in their time of darkness, need, and sorrow - please help the development team for the Middle Earth Modification for Morrowind in realising their dreams, and creating possibly the greatest tribute ever made to J.R.R. Tolkien.
Sincerely, Benjamin Holt