I could be wrong but I don't think both HT and EB can have the T2 license for the same scale at the same time. In any case that T-1000 is definitely 1:4.
It depends on the terms of the license. EB could have secured an exclusive 1/4 scale T2 license before 1/4 was on HT's radar, so they could have it tied up for a number of years.
But yes, there was never a question about the T-1000's scale.
Hot Toys, now is a good opportunity to answer with an update on the 1/4 Police Station Assault T-800. I'm waiting....