Start a new studio?
No offense here, but it's great to see lots of ideas to keep the game going and i for one backs some of the more realistic idea's. However is anyone actually looking into these or just saying? I know there's not a lot in term of resources n speed we the players can do without on thing or another but are they just suggestions or something others are looking more into. Even if it comes back down to the devs doing the actual work etc?
You don't have to reinvent the wheel in order to avoid Copyright Infringement. You just have to prove that your product B is not the original Product A.
First Person Shooters are notorious from coming out with clones of popular games ever since the original DOOM came out. No one shuts them down though. If you change the characters and the story line, you can keep most of the other elements.
Yes, the team would have to change a lot of things in the powers, missions, costume creation, etc... but they probably WANT to change those things. The team likely has been champing at the bit and having "What would you do if anything were possible?" conversations since they've been working there.
Starting completely fresh would give them the chance to make those conversations a reality...
I'd even wait a bit for them to produce the thing, and I'd be here waiting with my CC in hand when they got back and said it was ready.