Well, the developer released the source code to the game ENGINE, and people have made tons of awesome full projects for it. IMO, outside of the fan-made Thief II full expansion, the project is the most impressive fan organization I've ever seen. http://scp.indiegames.us
But I think the campagin, sounds, and graphics themselves of the original game (ie, the meat of the product) belongs to the current IP holder and thus NOT legally available for free? Correct me if I'm wrong, someone.
If the Freespace 2 Source Code Project is distributing the full original game with their installer, I don't think they're allowed to.
yeah, this is eaxctly right, you can distribute the engine all you want but the assets that make it a game, not those.
also the thing with the EULA on the installer was an oversight which was fixed and the copy of the EULA the game installed with itself didn't have hat part in anyway. So yeah, Freespace2 has never been freely distributable.