That is absolutely true - however if he's created the minigame from scratch, completely independantly of the mud, then the minigame itself would only fall under the licence once integrated. He could later take a (prior to being integrated with Merc) copy of the minigame and use it commercially if he so desired (eg, by installing it into a commercialling-usable codebase).
He might be able to patent parts of the minigame, if he's got a few thousand dollars to blow.
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