I support the intention of this game to continue. But I think the right way, if there is one in this sad case, is to wait a year to see if dev shows some sign of life.
Copyright is some serious business. I would hate to see my work stolen after such a personal loss.
It's not a case of the devs work being stolen it's a case of the dev taking whoever stole it to court, suing them for copyright theft and that person then owing the dev thousands on top of losing whatever work they did on the game.
The dev would win that case, it's pretty cut and dry is copyright law.
That's why I tell people not to carry on others work. I don't say it to be a bitch and watch a game die, especially a game I love, but I don't relish the idea of someone losing tens of thousands and a lifetime of debt over a simple game.
It's pretty life ruining if you don't have a companies financial backing.