http://bugs.winehq.org/show_bug.cgi?id=16706
--- Comment #4 from Jeff Zaroyko jeffz@jeffz.name 2009-01-01 19:26:08 --- (In reply to comment #3)
(In reply to comment #2)
(In reply to comment #1)
The URL of the source code is in: http://msdn.microsoft.com/en-us/magazine/cc164642.aspx?code=true&level=r...
have you read the license? it doesn't look at all compatible with LGPL, removing source and testcase keywords.
Source simply implies that there is source code available to look at, not that we're going to include it in wine. If that were the case, you better remove every single source keyword that links to a GPL program.
If the source is unfavourably licensed then it shouldn't be studied to write a testcase or implementation as I think that would be a derivative work.
This clause says that you cannot use the sample to create a derivative work if that derivative work is combined with any software which is licensed with free software type licenses, conditions 1, 2 and 3.
2.2 If you use the MS Samples, then the following also applies. Your license rights to the MS Samples are conditioned upon your (i) not incorporating Identified Software into, or combining Identified Software with, the MS Samples or a derivative work thereof; and (ii) not distributing Identified Software in conjunction with the MS Samples or a derivative work thereof. "Identified Software" means software which is licensed pursuant to terms that directly or indirectly (A) create, or purport to create, obligations for Microsoft with respect to the MS Samples or derivative work thereof or (B) grant, or purport to grant, to any third party any rights or immunities under Microsoft’s intellectual property or proprietary rights in the MS Samples or derivative work thereof. Identified Software includes, without limitation, any software that requires as a condition of its use, modification and/or distribution, that any other software incorporated into, derived from or distributed with such software must also be (1) disclosed or distributed in source code form; (2) licensed for the purpose of making derivative works; or (3) redistributable at no charge.
Looks pretty clear that this shouldn't be used.