My opinion is that Bethesda should be the only party to do this, or someone affiliated with them. With legal being such an issue, you simply can't create what the gamer will want without things such as original audio IMO.
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That is why I mentioned I am all for fans using that same time and effort on something original and their own rather than effectively wasting it working on something that they will never own, or control. Bethesda could at any moment during development decide to follow Nintendo, Square Enix, or Konami's lead and shut down the project - time and effort be damned.