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Some lawyers appear to think that such an implied license exists. I'm not a lawyer and I'm not qualified to speculate on how accurate that is, but see these examples:

https://www.fenwick.com/FenwickDocuments/potential_defenses....

http://ipmall.info/hosted_resources/sipla/sipla_2005/raviche...

https://copyleft.org/guide/comprehensive-gpl-guidech7.html




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