Best way to put this thing to bed is to get the contract finalised and the source "out there". If people wish to use it they'll be bound by the contract it's released with. John Cartmell can merrily speculate about what is IPR and what is a CD until the cows come home. I am pretty sure that if legal bods have given the contract a good close examination and give Castle/ROOL the nod to release then the IPR issue is settled.
Companies don't get to release stuff like this unless they're legally advised they're on sound footing.