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Indeed, implied promises are, but there is no implied promise in the DIKU license.
But what we have here is mutual disagreement, even if we assume that we know what the intent of the licensors was. Certainly we DO know that the licensors don't feel injured enough to do anything about it. I've got no interest in using DIKU for anything but were I to desire to start a commercial DIKU product there would certainly be no mutual agreement not to charge money.
But where is the implied promise? The DIKU licensors haven't promised anything. There's certainly no implied promise from the licensee's point of view, especially when a licensee can explicitly disclaim such an intention.
Easy enough. Don't charge for the distribution then. In our games, for instance, distribution is free. We charge for the service of maintaining certain database entries.
(Still debating whether to get an expert opinion on this. On the one hand, it's not really relevant since the DIKU licenseholders aren't interested in enforcing the license anyway but on the other hand it'd be kind of neat to see.)
--matt
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