You could be sure to stay on pretty solid legal ground (in the US, anyway) by duplicating the behavior of that ROM with your own implementation. Traditionally, this is done with a "chinese wall". Have one group of devs reverse-engineer the ROM and write up a thoroughly detailed specification of the behavior, then another group of "untainted" devs codes up a new ROM that matches that specification.
Says right here their implementation is 100% open-source, so it should be legally feasible.