Our company's attorney, who specializes in Intellectual Property law, concurs with SpeedStreet's assessment.
That said, other large-scale forum software communities - like Ultimate Bulletin Board, or phpBB - have thrived in large part because of the autonomy of their coder and hacker communities. This is often considered a principal precondition upon the long-term viability and success of forum software in general - its ability to be modified to suit the needs and desires of its legitimate customers. If you consider the few case studies of forum software companies that have restricted or prohibited modification of their software in any form (e.g., WowBB, Wonderboard, and the like) it makes perfect sense for communities to pursue autonomous coding development environments.
Kaelon
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