Stan Shebs, you are using a straw man argument.
I did say "worst case", which indicates that I do believe that a floor
exists. I also stress "safe", which indicates that I do believe that some
things are actually safe. My argument is not, and has never been, that
nothing can be considered to be Free. My argument is: in doubt, it is better
to be safe than sorry.
I am not willing to crusade in court to triumph on evil "companies" (or
alternatively become of martyr) because I have better things to do with my
time. Commons is not about judicial battles either. Some individuals might
want to play the copyright Russian roulette for the greater good of the
Cause, fair enough; this is their business. Commons, on the other hand, is
about collecting and making available Free material -- *demonstrably* Free
material.
-- Rama