They have classified ALL video games as commercial.
There is an indi filmmaker license that seems more appropriate, but, they have stated, repeatedly, and the licensing page doesn't contradict this, that ALL video game related production is covered under the commercial licensing, and that is a cash thing.
The SCP has little or nothing to worry about, we've not directly integrated DivX technology (technically, the only movie playing code we have is in DX8, and that spawns a media player instance for all intents and purposes), so, they can pursue Microsoft on that one. We'll just say "use another compression."
It's the mod authors that need to be concerned. I really think the right license for this is the Indie Film License, but that requires some more talking to DivX, and I may suggest that people pursue that themselves if I can get no where with it.