It's entirely possible that Charles Barkley won't show up in the game if they intend to do it for profit instead of freeware again.
And considering the end of the first game, it really wouldn't be all that hard to not have Charles show up again. After all, it is the Hoopz Barkley SaGa, innit?
I be surprised if they could make money off of this without litigation. I mean it's not like they have a chance in hell of striking a deal with even the few parties whose toes they most stepped on in the first game, rather less all of them. And I'm pretty sure they won't be able to use their theme music . I'm a little curious about how the new game's gonna look though—they can't rip sprites or music from anything anymore, not even when it's funny, and they can't include all the celebrity cameos that gave the first game part of its tone. Not even when it's funny. I also get the feeling that the game's gonna be long enough that some of the gimmicks from the first game (like the abundant invocation of Missing Secret and introducing-a-new-feature-only-to-use-it-once) would get old, to the extent that reusing the same gag in your sequel doesn't make it old anyways (there's a reason portal 2 had no cake).