Winamp Collaborative License (WCL) Violates GitHub Terms of Service and Open Source Principles

[SoftwareRat]

The Winamp Collaborative License (WCL) Version 1.0.1 currently used for this repository violates GitHub's Terms of Service and contradicts fundamental open source principles. Here are the key issues:

1. Violation of GitHub ToS:
   GitHub's Terms of Service state: "By setting your repositories to be viewed publicly, you agree to allow others to view and fork your repositories." The WCL explicitly prohibits forking and distribution of modified versions, which directly conflicts with this requirement.

2. Not Open Source:
   The license fails to meet the Open Source Definition as outlined by the Open Source Initiative. Specifically:

• It restricts redistribution (Section 5)
• It does not allow modifications to be distributed (Section 5)
• It requires all contributions to assign rights to Winamp (Section 4)

3. Restrictive Contribution Terms:
   The license requires contributors to waive their rights and assign all intellectual property to Winamp without compensation (Section 4). This is highly unusual and potentially unenforceable in many jurisdictions.

4. No Forking Allowed:
   Section 5 prohibits the distribution of modified versions, which is a fundamental right in open source software. This severely limits collaboration and community involvement.

5. Trademark Restrictions:
   While protecting trademarks is understandable, the license's approach is overly restrictive and incompatible with open source practices.

Recommendations:

1. Adopt a standard open source license (e.g., GPL, MIT, Apache) that complies with GitHub ToS and open source principles.
2. If trademark protection is a concern, implement it separately from the software license.
3. Remove the rights assignment clause for contributions or make it optional.
4. Allow forking and distribution of modified versions, with clear guidelines on branding/trademark usage.

This license, as it stands, is neither open source nor compliant with GitHub's policies. It should be revised to align with established open source practices and GitHub's requirements.

[KweezyCode]

yea, github should do something with this repo

[gagrifle]

yea, github should do something with this repo

true!