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You are all missing the point. I don't think that this idiot every sued anyone in his life.
Jelsoft says in their TOS that they have the right to revoke your license if you use their softwarey for copyright infringement. But they ARE NOT REQUIRED TO DO SO, and THEIR FAILURE TO DO SO DOES NOT GIVE RISE TO LIABILITY.
Right off the bat, vB has significant non-infringing uses. This site is running vB. So it doesn't matter what someone uses it for, vB can never be held liable for it.
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