this post was submitted on 18 Oct 2024
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Here's the story:
Company buys the rights to Winamp, tries to get the community to do their dev work for free, fails. That's it.
The 'Winamp source license' was absurdly restrictive. There was nothing open about it. You were not allowed to fork the repo, or distribute the source code or any binaries generated from it. Any patches you wrote became the property of Llama Group without attribution, and you were prohibited from distributing them in either source or binary form.
There were also a couple of surprises in the source code, like improperly included GPL code and some proprietary Dolby source code that never should have been released. The source code to Shoutcast server was also in there, which Llama group doesn't actually own the rights to.
This was a lame attempt to get the community to modernize Winamp for free, and it failed.
Of course many copies of the source code have been made, they just can't be legally used or distributed.
Shouldn't that force a GPL release of the rest of the code, at least the bits they had the rights to?
Not necessarily. It means that Llama group, and perhaps the original Nullsoft, have violated the license of whatever open source developer wrote that code originally. So the only ones who could actually go after them to force anything are the ones who originally wrote that GPL code. They would basically have to sue Llama group, and they might also have a case against Nullsoft / AOL (who bought Nullsoft) for unjust enrichment over the years Winamp was popular.
Chances are it would get settled out of court, they would basically get paid a couple thousand bucks to go away. Even if they did have a legal resources to take it all the way to a trial, it is unlikely the end result would be compelling a GPL release of all of the Winamp source. Would be entertaining to see them try though.
Complicating that however, is the fact that if it's a common open source library that was included, there may be dozens of 'authors' and it would take many or all of them to agree to any sort of settlement.
Not necessarily, the SFC is involved in a big case regarding Vizio about this right now. The FSF was brought in to explain the intended interpretation and spirit of the GPL.