From what I've gathered, and I may be completely wrong, the biggest problem with the artistic license here is that it does not unambiguously terminate/restrict the right to distribute should you not meet the conditions of the license.

The GPL v2 for instance is very clear on that point.

"What should it profit a man, if he should win a flame war, yet lose his cool?"

In reply to Re^3: Artistic license being tested in court? by Joost
in thread Artistic license being tested in court? by mr_mischief

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