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Technically, using someone's intellectual property is not "illegal." A copyright violation is a civil offense (except in certain situations) and would onyl get you in trouble if the IP holder chooses to pursue a case against you. If a license were granted, or the IP holder simply doesn't care, nothing will happen.
Also to be mindful is that copyrights only extend to particular expressions of the idea - not the idea itself. (e.g. Superman is an expression of an idea, a superhero that flies is merely an idea.)
Hope this isn't too nitpicky
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