Alternately, there's the idea of releasing the engines behind the game (the part that can be reused, and can be educational), but charging for things like levels. Recall that people reguarly take ideas from art and music and don't get sued (imagine if Picasso had patented or copyrighted every style he came up with). Basing a new product off the artwork only requires the art itself; basing ideas off of the engine requires the code.
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