The wikipedia article about Abandonware has an interesting section "Commercial software owned by a company no longer in business". in my understanding, this would atleast free one from legal hastle. Non profit and small userbase being other points are a strong argument too in my opinion.

Edit: thinking about it i dont believe there`s even any legal entity left for spellborn one would be able to get a license from.. so it`s basically good will from an individual involved in its creation or personal effort like what we tried.