Copyright law is tricky. First off, the idea that because you're giving away your stuff that includes someone else's copyrighted work always makes it okay is false. If I include chapter 1 of the latest Tom Clancy book in my book, and give it away, I'm still infringing.
What you guys are worried about is fair use, which "provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. " ( http://en.wikipedia.org/wiki/Fair_use ) These four factors are as follows:
Wikipedia wrote:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
I don't know of any legal precedents for fair use of things like maps, but I could see things like Halo skins and Portal textures being used in UT3 going either way. Essentially, there is no case law on the topic, so it's a very large gray area. However, I wouldn't worry about getting sued, because Bungie or Valve would likely just send you a cease and desist order to stop using their stuff.
However, remember, I am not a lawyer.