Aside of the Eula terms, there probably is a good amount of code being property of 3rd party entities (i.e. engine code by Epic game software house). Btw the development team is the Redstone Arsenal one by summer 2009, the previous developers left on the AA3 release day (a few months after the 2.8.5 patch).
P.s. lately i've taken a look at the AA3 list on Battletracker and it seems like there's something going (or either the trackings are completely wrong) because both servers and active players have decreased a lot during the last month (let's say, down to 70 servers and peaks of only 260/270 players).
Uni-sol posted a lovely image in the update thread, lolz:
P.s.2 : i recalled back in a few years 2 ports for consoles (Xbox) were made by 3rd party companies who bought the rights for making and selling the game.
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