If anything, going after the people making this would be a greater loss than just letting it exist. Lawyers ain't free.
Digital Foundry did a video back when it released detailing the problems: https://www.youtube.com/watch?v=Y1JJt7xHTlE
You're right, but you're right because you're arguing against a statement/point I never made. :)
There's "next to no loss" (I did choose my words carefully...) because people will continue to buy the remastered versions for the consoles they were released for. The only segment of people Rockstar may or may not lose out to are the people who are going to go to the effort to port this to an old, defunct console (one that Rockstar doesn't even see profitability in, since they don't have a version for it), but even then this project requires a legally purchased copy of the game in order to get started.
So now we're into a fun legal/moral area of, "I've purchased this game legally, and I've purchased this console legally, and now I would like to use both together".
They didn't even bother to release san Andreas for the Oculus quest after promoting it. And the remaster was really bad quality.
And, of course, current copyright law doesn't care about good will, it's there to protect the interests of the copyright industry, although the AI industry seems to get away with blatant copyright infringement as long as the copied contents are passed through a model as an intermediary step.
As far as I can tell, Rockstar doesn't really care all that much, it's the suits at the top of the publishing chain that do the legal threats.
Instead, we're talking about a 23 year-old game with numerous predecessors (including one on the way), on a 26 year-old console that hasn't been manufactured in 23 years. The number of people who will go to the effort of playing this pales tremendously in comparison to the rest of Rockstar's active market. There's next to no loss for them here.
And also: https://news.ycombinator.com/item?id=42562089