You were on a roll with your citations until this line...
Bah! It is copyright infringement!
Regarding what may be actually happening, and don't take this as an ethical or legal argument, pro or con...
Tolkien Enterprises is purposefully ignoring the request. One, they can claim they had no knowledge of the infringement should they ever decide to litigate. And two, they don't litigate unless there's money in it.
That's the reality.
I flamed (no that's to strong), imformed a youngster the other day regarding their desire to use the Matrix. As the owners of that property explicitly state on their web pages, no permission for fan fiction. The same is true for the Forgotten Realms settings as TSR (WotC/Hasbro now) has and had policies forbidding use in online games. No assumptions required here.
Then as an aside I remember when Sojourn was running a brazenly violated TSR Forgotten Realms IP.
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