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...the problem is where freetrack (or other) takes advantage of NP software or hardware R&D
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Is this where you think the issue really lies, Wolf_Rider? As far as I'm aware, the only protection against taking advantage of someone else's 'R&D' are patents (which NP doesn't have), and copyright (which is only relevant where NPs proprietry interface is concerned). Can I assume form this that provided 'other' doesn't use NPs interface, they will be in the wrong if they try to prevent this? You seem strangely reluctant to answer this...