Comment Well, here's the thing... (Score 3, Insightful) 14
Attempt to purchase a license to remake the game. If you don't, and the copyright holder finds out, at best you're looking at the receiving end of a DMCA takedown notice. Worst case is he takes you to court for damages. He may never find out, but do you really want to risk it?
IMHO, I would approach the copyright holder for at least a license to remake the game.