Interestingly, the Caveman to Cosmos mod community for Civ4 or Civ5 (?) use loading screen images from Empire Earth 1 on their main thread, without any acknowledgement of the copyright holder or disclaimer that I could find, and nothing seems to have happened, legally speaking, to them, so I'm not sure how well such deprecated games are copyright protected in de facto enforcement. I think making off of such projects is the biggest issue, in those cases, to be honest.
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