@CK9: But you have to remember, copyrights are different than patents.
I snipped this from
http://goo.gl/wRDGA copyright protects original works that fall under the categories of literature, dramatic, musical, artistic, and intellectual. These works may be published or unpublished, and the Copyright Act of 1976 gives the owner exclusive rights to reproduce his or her work in any medium. A copyright protects a form of expression, but not the subject matter of the work. For example, if someone wrote an article about a new car on the market, the text would be copyrighted, preventing someone else from using that particular material. A copyright does not prevent others from writing their own original article about this new car, however, or from using or making the car themselves.
A trademark is used to protect a word, symbol, device, or name that is used for the purpose of trading goods. The trademark indicates the source of goods and distinguishes them from the goods of others. A trademark may also be used to prevent others from using a mark that might be confused with another; trademarks, however, do not prevent other people or businesses from producing the same product or services under a different mark.
A patent for an invention grants a property right to the inventor that will prevent anyone else from making, using, or selling an invention. A patent lasts for a limited amount of time, usually 20 years from the date the application was filed, and is only effective in the country in which it was filed. The application for a patent must include a detailed description of how the invention works. Since a patent is considered "property," it may be bought, sold, mortgaged, or licensed by the owner.
So off of that information, there is nothing really patented since Sierra/Dynamix didn't "invent" anything for the game.
I sent an email to a learned friend of mine about the subject and once he gets back to me I'll let you know, but I'm siding with the side that since this is all copyrighted we can't use it, commercially or non-commercially.