Isn't Larian able to release the game as Freeware ? Or are there legal reasons (treaties) holding them off ?
I could be wrong, but I think they'd need the publishing rights as well as the software rights to do that. They might not have the publishing rights, as they're often held by another company.
That's my wild guess, at least <img src="/ubbthreads/images/graemlins/smile.gif" alt="" />