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Cisco has stated "With the initial release of 5.0, the first several signature updates will be released without the license enforcement in order to allow users time to get their maintenance contracts in order and their sensors licensed." I'm not sure...
I agree, the IPS 5.1 release notes http://www.cisco.com/en/US/customer/products/hw/vpndevc/ps4077/prod_release_note09186a0080574954.html#wp1068104 says it requires 8.5(1) go figure.
