".. out of your control" (or whatever).
So what ? Just because it's out of his control doesn't mean the law allows it (hell if someone breaks into my house it's not in my control too), and the law is right, it's immoral to pick up others work and do what we want with it without permission for the simple reason that there can be various reasons to release software including the source. And even if there wasn't any, why wouldn't he be allowed to ? After all it's he's work, he might as well just want to share the beauty of his code

BTW I'm only commenting on this because my serialization library will have big use of very complicated macros, which of course will have to be open. I'd like to make it cheap shareware, but I'm screwed. If it turns out to be recognized to any extent, I'm already pissed just to think that some people from the open source community will simply rip of the macros promptly (the macros is where the magic is), voiding my total 4/5 months of work / research and avoiding any possibility of profit from me. I'll have to make a license like " .. if you rip of these macros, I'll personally go to your home and shoot you in the balls .."