@Arklon: Nope. We're offering software that you have to buy (not like it's possible unless you use eBay anyways...) for free, patches or not.
@CK9: Doubtful. I might be in contact with a lawyer soon, though.
I spoke to the guy who I said I was going to. Basically, we can use copyrighted material in a non-commercial, non-distributable way. AKA I could make something but none of you could even see a picture of it or anything.
So basically, unless we want to buy the rights, we're stuck with being unique - which isn't a bad thing.