I just believe it's a trifle premature to erect any statues to Hilliard the Great, Defender of Free Speech. You are talking as though there had actually been a dramatic court case, ending in a landmark victory for Stephen Hilliard on behalf of creators of derivative works everywhere. This did not occur.
What has likely happened here is that both sides were sort of testing the boundaries, and in the end neither felt confident enough to hold their ground. (Or possibly some of it was for show, anyway.) So while this dispute may have been settled, I don't see that it helps much to resolve any of the murkier questions around copyright.
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"Even Nerwen wasn't evil in the beginning." –Elmo.
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