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Winamp for desktop source code has been released.
(github.com)
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People on Hacker News are speculating that they implicitly define forking as "taking the project in a different direction in an independent repo". The Github TOS say that everyone has the right to create a fork of any public repo in the Github sense of the word. It's all a huge mess...
It's one of the reasons why I hate license proliferation. These custom licenses aren't tested against case law so if they think you're in violation you have to defend yourself.
The only way to give these assholes a run for their money is for people to start forking the project and ignoring any terms that are in violation of the GitHub TOS.