It's a mess of copyright for sure. I doubt you could really exercise your rights as a 3rd party with the GPLv3 there. e.g. if Debian or Ubuntu were to include the game then they would be on shakey ground for redistributing copyrighted stuff. Presumably the original graphics are in there too, not just the "re-imagined" code.
It reminds me of the old New Kind - Oolite - Elite shenanigans from years ago. Somehow Oolite powered through and stuck around, despite using most of the New Kind code originally (they translated the C game logic to Objective C if memory serves me), while New Kind was shut down by Braben for copyright infringement. The New Kind author - Christian Pinder I think was his name - did all the disassembly work originally. I don't think it was ever a big legal challenge there, more like "hey! take that down" and the author complied because he was a nice guy.
> reverse engineering Windows to reimplement stuff in Wine would be illegal
That's legal though. Stuff like that is the whole purpose of reverse engineering. You can't copy the code but you can learn how it works so you can do it yourself.
>but you can learn how it works so you can do it yourself
This part is definitely illegal. You can learn how it works but you cannot write the code yourself, you have to write the specs for someone else to do it, who hasn't done the reverse engineering.
That's clean room reverse engineering, a rigorous method to make absolutely sure that the results are legal so it can't be questioned later. It's not a legal requirement and it does not prevent lawsuits. It just makes it more likely that the legal battle will be won.
I think GP is referring to the DMCA, which forbids reverse-engineering unless it's to understand how to interface your own code with something (although I'm not a lawyer).
Yes, even under the DMCA it's totally legal to reverse engineer for the purposes of interoperability. Wine was created to make Windows applications work on Linux. I reverse engineered my laptop's crappy manufacturer software in order to make a Linux version.
It reminds me of the old New Kind - Oolite - Elite shenanigans from years ago. Somehow Oolite powered through and stuck around, despite using most of the New Kind code originally (they translated the C game logic to Objective C if memory serves me), while New Kind was shut down by Braben for copyright infringement. The New Kind author - Christian Pinder I think was his name - did all the disassembly work originally. I don't think it was ever a big legal challenge there, more like "hey! take that down" and the author complied because he was a nice guy.