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I would point you (and anyone else asking similar questions) to the article I linked above as it's well written and definitely better informed than I am.

Briefly, it sounds like the dataset is not copyrighted, but is also no longer publicly accessible. The artifacts produced from it (the 360 VR app, and this fly-through video) are copyrighted, proprietary products being marketed to schools, for profit.

I'm definitely not opposed to the use of open access data sets in creating commercial products, I think that's a great idea and I've done it myself in the past. But it does seem a shame in this case that the people doing the commercialising haven't done a great job of acknowledging others who've done the really hard work of creating the assets in the first place.