Quite often a publishing deal will involve handing over all or many of these rights to the publisher. The traditional big-budget way of making games involves publisher funding from an early point, and publishers will in general not pay for the development of a game unless they get total control. It's their money, after all. The major publishers will also spend quite a lot of money marketing a game, and they don't want to create a profitable franchise for another publisher to take advantage of.
There are exceptions, of course. Smaller publishers will usually not be as demanding (but then again, they offer less, and the developers will be responsible for most of, if not all the development costs themselves), and larger developers will sometimes have the power to get better deals for themselves, even with when dealing with major publishers.
I would be surprised if 3DO didn't make sure they got all the rights to this game back when they published it. But when they went bankrupt, their rights were, as far as I can remember, sold in several packages, to several companies. So I've no idea who owns them now. Might be Ubisoft, might be someone else.