Nonenforcement alone does not create a license. So any
argument that it does is flat wrong. However, the
language of the online policy seems to give permission
and be more than a statement of non-enforcment.
Nevertheless, unless the license is by its terms
irrevocable (which it is not) or is coupled with an
interest (which here it is not) even if the policy
could be construed as a license, it is freely
revocable by WotC at any time, subject only to
possible reliance argments--which I do not see
existing since there is no real detrimental reliance
based on the purported license.

Bottom line: WotC can change the policy at any time
and there isnt a damn thing you can do about it.

=====
http://www.necromancergames.com
"3rd Edition Rules, 1st Edition Feel"

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