An implied licence - according to Wikipedia. However an implied licence is "created by law in the absence of an actual agreement between the parties. Implied licenses arise when the conduct of the parties indicates that some license is to be extended between the copyright owner and the licensee, but the parties themselves did not bother to create a license"
(Ref:
However we already have a licence.
It would be a derivative of both. If you incorporate chunks of Star Wars fiction into a modified version of DikuMUD, for example, then you end up with something which is a derivative of both Diku and Star Wars.
Well you're talking about burden of proof, and that's really going to depend on each specific case. In the case of Medievia, I'd say it's pretty clear cut.
If they had good reason to believe my mud was a Diku derivative then they could try and legally force me to reveal the source code, yes (although they wouldn't need to - I'd just show them, if they honestly thought my mud was a derivative).
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