1) Just because others use such material, it doesn't mean it is not illegal to use it (Yep, i also think its copyrighted)
2) 170 Fps with one model??? You know how slow that is(for one model)?
1 - Maybe it's copyrighted, I don't know, probably yes. But there are a lot of fan movies of predator running worldwide and known by millions of people and they haven't any problem. I think they permit fans creations between some limits. Anyway, if I receive a warning of the copyright owners, I will cancel the project inmediately.
2 - 170 are the frames that I got with the models that i used for testing, in-game i get about 60 frames. And with the new models i get 160 frames, so I predict that in-game it will run about 50 frames. I have to tell you that the Pc that i'm using is very old, a 2.0 Ghz with 1gb of ram and Geforce 4, in newer pcs the frame rate will be better.
