You'll note John that in my post of the link I suggested contacting the author if he just takes the game as is. But it is an interesting case, where there is an online tutorial, if you learn from the tutorial and make a game that is remarkably similar, I guess you have the rights to it.
For what it's worth, this particular game doesn't have a very smart CPU player, though it may have been deliberately dumbed down to make it more fun to play.
