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Well, it's difficult to say anything but "ME TOO" here, Dulan.
The claim that it's been defended in court looks completely phony - a search on Google didn't turn up any court rulings, but perhaps my criteria are wrong.
But...
Here's the ACK! License as found online, refering to v. 4.3:
I don't see the offending reference here, but as I said, it's v4.3, dated 1998.
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