Why doesn't Rhialto just continue from scratch?

[Josiah]

I don't see why Rhialto won't just make it from scratch, I thought it was perfectly legal to make a game like Wyvern as long as he doesn't take the name/graphics/music/etc, and at the rate he has been dealing with these "Legal Issues" I think he could have finished by now...

And yes I know one of the most time consuming things in programming is making hundreds of sprites, but so much of it was fan made last time, why not new fan art this time?