And this permission is the real sticking point. Historically, in regards to Trek, CBS/Viacom/Paramount etc has been very lenient in letting fans get away with making & selling things that violate "fair usage" (critique, teaching, criticism, commentary, research). From t-shirts, blueprints and fanzines to fan-made episodes and movies, the owners of "Star Trek" have turned a blind eye to the money made by individuals, since it doesn't amount to much money.
Historically, ADB has not. Adamantly so. If ADB is not paid for use of their copyrighted material, they will block it.
That's why the SFC:CE model can work; no real money exchanging hands, and done by fans in support of a defunct game. Once a new game is made, it might take more that just saying "it's non-commercial."
As a caveat, I'm not against a new "SFC" game - I'm really hoping it happens, but copyright law is more complex that just that quote above and it depends on how the copyright owned reacts. We here in Trek have it sooo much easier than, say, those fans of Star Wars and how Lucas acted (when in control of SW). Steve Cole is like Lucas - if a game goes up for sale based on material copyrighted by ADB without compensation, expect a cease-and-desist order ar warp speed.