when creating a commercial game and im using open source 3d software like wings 3d or blender, do i have the right to use the files created commercially. the same question applies for c++ compilers. can i publish files made on devc++ without worrying about a lawsuite.

Yes, you can: such works would be considered original, so you would be their only owner, and as such you would be free to do whatever you wish with them.

DevC++ is not a compiler.