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I think it's unlikely too (and I don't have a personal problem with your use of the Dalek image as an avatar-- even if it had come from a BBC video clip). But if we're discussing legal status, I don't think whether Mr. Nation's estate notices an infringement changes the existence of the infringement, does it? By that reasoning, the offenders on eBay who were selling your software didn't need to stop doing so until you complained, which is a position that I certainly don't hold and I'm pretty sure you don't, either.
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