This is a dangerous topic to broach simply because around here we don't complain or criticize the devs and their decisions. This is their project, their forum, and they prefer to keep it that way.
As a software developer and someone who at one time worked on the eqemulator codebase (prior to p99 even existing), I'm definitely of the belief that it should be kept open source including all custom derivatives, and that arguing the semantics over distribution in GPL would likely not hold up well in court.
However, the stable legal situation that p99 managed to carve out for itself means even if the situation is less-than-ideal to some of us, we appreciate knowing the project isn't being shut down tomorrow from a DMCA.
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