Is it really illegal then?
I found one answer to this question when looking into LiberKey
’s view of the word “illegal” in reference to accusations by an organization that is not Mozilla:
[They have] no mandate from editors whose software are present in LiberKey. They hold copyright and only them have the right to debate of legality when it comes to the use of their product. (source)
True, but not entirely: commercial software resolves problems in court, but open software like these relies on a community to resolve issues. Since acquiring Sun Microsystems, the open source community has watched Oracle
discard this reality to its own detriment. Mozilla is now even less likely to take an active stance about small projects that use their code. However, if WinPenPack
, or any of the others products get very popular or have a version with a serious and very public security flaw, I expect that policy would change.
Additionally it’s not something they necessarily need to take to court, if Mozilla put out a press release just asking people to, I think many sites would remove references to non-licensed versions.