Our current agreement with Vivendi stipulates that the game may only be offered as a free download. I believe that AGD Interactive has the same agreement with them, meaning that neither they nor anyone else can distribute their licensed games on physical media. Legal discussions with Vivendi about some aspects of the project are still ongoing. The following Gamespy article from last December might give you a clearer idea of the legalities involved:
http://pc.gamespy.com/pc/freeware-king8217s-quest-ix/677071p1.html
Michael A. Bright
PR Lead
The Silver Lining Development Team
Phoenix Online Studios
http://www.tsl-game.com
michael.bright@postudios.com