Some good points, some bad. True, WineX is not anything more than an emulation layer, and will never get the sort of speed that native games would have. So what? I'd rather take the hit on performance and be able to play the game, then wait three years to get the game.
As for the licensing, this is a catch 22. In order to get the games running, you need the proprietary code for the CDs, which has to be licensed to Transgaming. You can't open that to the community at large, since you don't hold the copyright, even if you are marrying code that uses a Modified WINE. I don't think this was much of an issue when transgaming started out, but now everything is being produced on protected CD's, so that would necessitate the change of license.
AS for the code being open: it's on CVS, isn't that open enough?
Now, as for WAREZ guys-show of hands, how many of you pay for your distros? That's what I thought. You can't have it both ways-you can't want everythying free, and keep out the warez guys. They want everything for free too. I don't see the real difference here-maybe you guys can enlighten me on shades of grey.
The way I see it, WineX is providing a vital service, one that Linux native gaming companies such as Loki failed to do.