for those with legal concerns
The developers Volition released the source code for FreeSpace 2 to the public under a not-for-profit licence (not creative commons derived though) when THQ acquired Volition as with Interplay holding certain rights to the franchise (not relating to the engine) Volition was unable to work on additional FS games. FreeSpace Open has been developed by dedicated fans for the last decade or so hence why it is able to stand up to fairly modern releases in terms of looks, not to mention all the under-the-hood improvements they have made.
On the BSG side as said above its a not-for-profit which has been in open development for about 4 years with some of the modelling team for the project recruited for BSO as a direct result of their work on Diaspora, so while it has been developed without direct approval from the BSG IP owners there has been plenty of opportunity for them to close the project down.
The use of torrents was a data allowance and availability decision, basically hundreds (or as it turned out thousands) of 1.25gb downloads would have required professional (and potentially expensive) hosting arrangements.
Because Diaspora is a Total Conversion using none of the FS missions, object data or Media the only terms it is restricted by are those of the FSO licence and any restrictions imposed by the BSG IP holders should they do so.
For those interested in FreeSpace it can be legally purchased from http://www.gog.com/ for $5.99 and then upgraded with FreeSpace Open and the MediaVPs media improvements for free from http://www.hard-light.net/forums there are also many mod available as well including the highly polished Blue Planet.
A similar project released earlier this year is the WingComander Saga TC that can be found at WCS.com and uses a customised branch of FSO
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