Well I hate to reply to such a late post. But with this question going unanswered there is no way I will be able to sleep at night. Yes Atari put out the game, but if you have played it or even read the back you would see the words Forgotten Realms on it. You didn’t find it weird to go into the Underdark in NWN. All of which belong to Wizards of the coast. Otherwise the use of the word drow would have gotten Atari sued, or attacked by angry fanboys of D&D.
