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Unifex:
Discussion about details of IP is impossible if people respond with questions like that. It's like trying to have a discussion about the scope of the 5th amendment and having someone walk up and say "But do we need police and courts at all?".
Attacking a basic premise of law in most Western countries belongs in at least another thread, probably another forum.
Actual damages in this case would probably be much easier to substantiate than damages for violating the terms of a free codebase: unlike DIKU code, several companies have paid significant sums of money for the rights to make games based on Tolkien IP.
Stilton
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