FOnline consists mostly from Fallout art, would you consider it stealing? (granting, the FOE is self-made, while D20 picks everything from NWM2 and F3)
No, because it's a non-commercial project, thus, a mod. But i wonder if Beth would be pissy about their copyrights.
Also, plain copypaste objects from other games isn't very original, though. I hope there will be more original content.