Sword of the Samurai Remake or Mod
 

Wonder is game out for the open from all the legal red tap, and if possible made clone or Remake, or mod the current game?

Depends on which way you take. If you make a freeware remake, then nobody would probably mind and then you could probably copy most of the aspects of the game and boost it up with different graphics.

If you make a commercial release, then you need to make something different. You could probably use the same basic idea, same types of minigames and such, but it needs to be different from original. Like compare the original Pirates! to the 2004 remake, thats how a Sword of Samurai remake could be done.

Also, if you go commercial route, you can call it "Inspired by Sword of Samurai" and stuff like that, but you probably cant call it Sword of Samurai. I'd recommend "House of Samurai" instead.

If it's what you mean, the copyright holders of Microprose games don't seem too zealous, nothing like LucasArts.

I don't think anything you make will get you in trouble, unless it's commercial as TC says.

If you want to make mods, pretty much all companies tolerate that (and many encourage it with recent games).

What was it format so I can least properly learn to code it. or alter

:/ That question shows you have little to no idea about programming or reverse engineering.

* If you want to code a new game (even if it's a remake), you are free to pick any programming language you want.
* If you want to mod the assets of the existing game (or allow your remake to load them), you will have to reverse engineer their formats.
* If you want to alter the existing executable, you will need appropriate tools. IDA Pro is one of them - you'll also need an IPS patch generator plugin for it, there is one but I don't remember where to get it - and the set of tutorials going by "Lena's reversing for newbies" will teach you the rest.