well I may be looking sort of strange but the copyrights of OP1 and OP2 are expired long time ago. Remember, a patent does not last forever. Also, when you are a videogame company you at least write every game that you have made somewhere on your website or something like it... did you find any trace of OP2?
If someone have the original cd, I sugest we do something to back us out. Firstly, copie the actuall complete version of op2 on a cd and add the orignial one. Secondly, mail to yourself those two cd. Thirdly, (can be done before) buy a patent (here where I live it is so cheap..). Finaly, when you receive what you posted to yourself, DO NOT OPEN IT, leave it there.
As I said before, every game have his copyright and patent updated. For example, every year BW copyright change from 1996-1997 to 1996-1998 and so one... Did op1 or 2 did that... answer is no so it is unprotected by copyright law. Also, since we add our own stuff we can protect our OWN version of OP2 and OP1 (if we mod it.)
With a patent, with the letter and with the expiration of the copyright about OP2, we are shelled against every possible judiciary act
.
I am not for nor against the sourcecode project. But, if we proceed we must shield ourselves.
edit: About OP3, there is no problem at all since virtually the game can be the property of the first to rebuy the patent...In Canada, you are talking about a major 25 canadian bucks witch is cheap....