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Dec 4, 2014, 07:05 AM
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There's no legal precedent that gives rights to derivative works to those with original ownership. You still can't sell someone else's intellectual property, but you have the right to make and distribute derivative works for free. The only counterexample is dangerous drugs which can cause bodily harm.

People get confused when they receive cease and desist letters from companies, which may be illegal in itself, as it's impersonating the law. A good, old example of this is debt collectors, who forcefully imprisoned people to collect additional interest from their debts. Nowadays, debts have no legal bearing, or so to speak, it's legal to refuse to pay a debt.

Furthermore, if your financial gains are inhibited by someone else's derivative works, you have the right to sue for some or all of the monetary profit claimed by the non-licensee. That's why companies give out or sell licenses, to avoid a later dispute, and create a contract that allows both companies to take part in the business.