The author has relinquished his copyright on the Fables universe. Every work based on it has its own copyright, however.
So while you can make your own stories in the Fables universe, it doesn't mean that things like The Wolf Among Us game from Telltale have had their copyrights affected in any way.
So, I didn't bring up Xbox earlier, because Microsoft has an official way to run homebrew on Xbox consoles.
All modern Xboxes have access to something called developer mode. This allows people to put whatever code they like on it, but removes the ability to play retail games. The change isn't permanent, however, and switching between the modes is perfectly safe.
This is a big part of the reason why Xbox 1 never had piracy; pirates couldn't piggyback on the back of homebrewers, who simply opted to use developer mode instead of cracking the console.
It's still valuable information for those that would seek to load homebrew (unsigned code) onto their systems.
Console security is one of those things where every additional barrier helps. The goal isn't to outright prevent homebrew or piracy but to limit the scope of breaches and delay them as much as possible. Even modern consoles like the Switch and PS5 are not immune
So, basically the console manufacturer gives you the SDK, integration code, etc after you sign their NDAs. After that, you can either use what they gave you to port it yourself to that console, or you can pay someone else for their build.
It essentially allows for special closed source builds. These closed source builds can have the engine support for consoles and still be in keeping with Sony/Microsoft/Nintendo's licenses.
EDIT: just read the article. i forget that for the PC version they keep using the last gen version of the game lol, how difficult is it to use the current gen version?
Jesus, really? It's one thing to do that for the Switch, but for PC?