Having your work leaked sucks, no matter the license. There's no denying that. But when it comes to the emulation scene, leaks have been a fundamental part of it from the very beginning. The original client leaked back in 2004 or so, and since then, many other expansions have also been leaked.
Running a server, even a non-profit one, is technically wrong from a copyright perspective too. Or atleast from my understanding. However, this doesn't stop us from participating in the emulation scene. Making money from running a server only makes things worse, but I'm not here to pass judgment since I too managed a server back in the day. The reality is that the scene, by its very nature, does not show much regard for the intellectual property of others.
I remember ToxicWoW's website being leaked. This resulted in Axe, the original developer, to continue develop it and make it free for all to use. WebWoW ended up being the most widely used CMS for a while.
I also remember Summit emu, which was developed by Burlex for the then most popular server on the block; WoWscape. IIRC, it had the best anti-cheat detection of all emulators and was supposedly the most stable. Being able to host many more players than other servers. The details are a bit blurry since it's been so long, but didn't chunks of the code get used by either Ascent or projects based on it?
Based on the current poll, it looks like leaks will end up being allowed. The question is, what rules and limitations do we put in place (if any)? I'd like to propose we focus on that. Or will we have another post to discuss the poll's results another time? Let's keep the discussion going and find a way to balance the benefits of leaks with the respect for intellectual property.
edit: 2004, not 2006