I haven't seen any computer games released in the last 10 years that didn't include the rubber-stamp "no, unless we give explicit permission" copyright.
I don't know what qualifies as "Fair Use". When I was doing Morrowind mods, the Bethesda company guys basically said that "inspired by" or "best imitation" of was always okay, but anything using any of their files would be removed immediately. I believe the same general guidelines apply here.
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If it ain't broke, it needs more features!
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