I'm inclined to agree with Tom Brossman's comment:

>You are asking a legal question, talk to a lawyer.

The question is asking for a definitive legal opinion and to my knowledge, there are no practising lawyers giving legal advice here on AU. I mean, there are plenty of people who offer their opinion (I know I certainly do) but I haven't seen anybody here staking their professional reputation on their legal opinions.

The question is also without geographical scope as John S Gruber points out. "Legal" changes violently when you cross borders.

So yes, it's unanswerable at the moment unless you can find me a lawyer practising in every legal state in the world, who specialises in this area of law, who wants to put their neck on the line. If you can, I'll reopen it in a heartbeat.