But if somebody took an existing engine and just replaced gfx, levels, and music, the original author of that engine surely would not accept this... of course it's highly unlikely that Virgin would ever have taken notice of it but still, there is a risk.
I don't know but as I said, the official explanation never sounded plausible to me. The game was finished, it received rave reviews. I don't see why they didn't publish it. It's hardly believable that a release would have been a money-losing business for System3.