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Well, I'd submit for your consideration that, while the "free gift" of Diku is not as free as some have tried to make it out, it was still a pretty darned admirable release of a lot of hard work under the idea that people would use it in the spirit intended.
Another difference is that fan art is not for profit. It makes a big difference whether you are just a bunch of people enjoying material that has a copyright or if you are using someone elses material for gain as if it were your own.
One of the resolutions to the whole affair would be for the Diku team to come out publicly and let people off the hook just as the aforementioned authors have done. I doubt they have any more intention of doing that though than they do of going ahead and trying to take legal action against Medievia.
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