But what would that mean for the developers in the US? Just because the sources are hosted in EU would still render them useless for US developers.
No, if you're in the US and publish something in the EU, you aren't violating any US law, as you aren't publising anything in the US. If this isn't the case, the US constitution must have a few bugs in it. This would also mean moving the mailing list archives and the CVS to the EU, but I don't think this will happen, unless you show that there is a patent violation and that wine will never work without violating that patent.