Yes Josiah copying Wyvern would be illegal. You would be unable to take any art from wyvern even though some of it produced by players. Furthermore due to more recent legislations you have to be able to prove that your game is an original concept. In other words you can include key concepts but they cannot be so similar to work in an exact fashion (unless the game is restricted from US and Japanese players). Key concepts would include non-real locations, UI design (not function just layout), and game play.
I am not skilled in legalities of games but this is the guideline passed to me from someone that is. I'm sure there are many things in there that are missing and that I don't understand that could make it more or less difficult to "copy" the game.
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