Regarding their comment about needing to patch the game first, I think part of that is to implement features that aren't essential but are very very nice to have (like proper in-game mod selection/swapping). There may also be license issues with stuff they licensed from a 3rd party (e.g. the Flash UI or the EALayer3 MP3 audio) which they need to work around somehow. Plus, they need to make sure the SDK (and more to the point, the mods it produces) are rock solid and cannot screw up your gams or your PC and untill that testing is done, they cant publish the SDK so the extra time taken to work on these engine changes probably isn't actually delaying the SDK at all.
All the evidence I have from my own mod related work (including the walls mod) suggests that there is nothing stopping C&C3 being moddable right now.
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