 The court also pointed out that the validity of the license was irrelevant.If it was valid, then it prevented all commercial distribution; if it was invalid, then FormGen had not licensed any of its rights under copyright law and as a result N/I was infringing material.The court went further in the latter case, explaining that FormGen could have abandoned its exclusive right on the user-created content, while not giving up its rights to profit commercially from new levels or sequels.