spindown: You seem to be confusing SCUMM and ScummVM.
SCUMM is a proprietary engine which was used to create a bunch of classic video games. Neither SCUMM nor the games that are based on it are open source.
ScummVM is a more recent fan-made open source re-implementation of that engine that allows us to play the old SCUMM-based games on modern systems. The ScummVM license requires any software derived from ScummVM itself to be open source. That does not include the classic games that it runs.
Just nit-picking here, but ScummVM has since its conception evolved to implement a lot more
, not just SCUMM. :)