Just two data points here:
1)
http://en.wikipedia.org/wiki/Feist_v._Rural
2) my (large, university-affiliated) postbacc just last week uploaded the MSAR data in an excel spreadsheet for download by students.
Analysis: the MSAR data (not the whole thing, which -crucially- includes an original narrative component) would not likely meet a copyright challenge.
Edited to add:
The University of Washington is not concerned with publishing data they note EXPLICITLY having been taken from the MSAR (data is aged, but furthers my point)
http://www.washington.edu/uaa/advising/downloads/gpamcat.pdf