<<you have a duty to mitigate your damages and not put anything at risk by making a declaration that is outside the clear elements of the license or clearly protected by existing copyright law.
>>
I would argue that there is no "clarity" with regards to PI ownership in the license.
I agree as a matter of common sense, rather than as a matter of law, that you shouldn't expect to protect anything that you can't already claim copyright or trademark protections on in case a court should decide to reform the license by striking otherwise unprotectable types of PI from the PI list.
Lee
