Well, than in order for something like my idea of a fan-fic legalisation to happen, information about the difference is key. I wasn't even putting that much focus on the actual developers - like, I quess that its true that not even all CoD players know that there are two studios alternatively producing the next game. What I meant with that is more on the lines that its developers actually officially endored/licenced (I'm missing the proper english word here, sorry, I hope you still get it) by the IP holder - versus fan-made games which are, well, made by individual fans.
So I quess we can agree on that if it is possible to make a clear differenciation between what is fan-made and what is officially made, this would not be a problem? Since from what you wrote it appears that confusing a fan game for an official game is the main problem, not the fan-game itself (except point B) maybe).
Proved his point nicely there as there are actually three studios developing CoD at the moment. (Also all the other studios that help out for each release but three main ones)