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So...because I need directions to the opera house, need a ticket to access the opera, and need software to buy that ticket online, it's not a public performance? Of course it is.
In any case, while I'm not a lawyer, I deal with our lawyers regularly on these issues and I'm quite certain that if Tolkien Enterprises objects, there's not even a question about whether a mud like SoL is legally infringing on their property.
--matt
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