Copyright law does not work that way. You do not give up your copyright by making your work public without legal statement or by abandoning your product support. You must explicitly give up your copyrights or allow unconditional use of your work.Really don't think it would be an issue, as far as I know dark silver gave up on any type of ownership when he abandoned the game unless he issued a copyright when he was working on it , but even then the models and assets in the game don't belong to him.
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