If you create an original game and use anyone's commercial game engine without obtaining the proper license for it, the copyright holder of the game engine has the right to prevent you from selling or distributing it because they own the copyright the to software that is intergral to playing it.
For example Gearbox Software's BIA and new Borderlands games are run on the UT game engine. They have to license the use of the game engine in order to sell and distribute those games.
There maybe some open source or more specifically MIT or GNU licensed game engines you could use to create an sell an original game but any commercial game engine MUST be licensed for use or else the creation is a fan based creation and you have no rights to its sale or distribution.
It doesn't mater what you use. YOu could type one's and zero's into notepad and it wouldn't make a difference. You can't copyright anything for or from the Halo story or game. Period. Regardless of how it is created or made.
You just can't own this stuff. So just play nice with it.
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