Open source + commercial

Ravicher, Daniel B. DRavicher at brobeck.com
Fri Sep 14 15:51:58 UTC 2001


Not to be sarcastic, but good luck trying to delineate commercial from non.
The person who can do that is smarter than all 9 Supreme Court Justices (and
all the ones before them).  Just look at the "commercial" speech 1st
Amendment doctrine or the "commerce" clause line of regulation.  For
instance, did you know that a farmer in Iowa who makes hay to feed his own
animals (not to sell to anyone) is considered to be acting in "interstate
commerce"?  My point: trying to separate commercial from non-commercial use
is a waste of time (notice corporate law delineates profit from non-profit,
not commercial from non-commercial, and maybe this is a way for you to think
about).  Further, no matter what resolution you come to, someone else can
come to a reasonable conclusion which is diametrically different.  Hence,
litigation.

I wish you the best of luck in whatever you decide.  

Take care,
--Dan

Dan Ravicher
Brobeck, Phleger & Harrison, LLP
1633 Broadway, 47th Fl.
NY, NY 10019
p. 212.315.8032
f. 212.586.7878
mailto:dravicher at brobeck.com
http://www.brobeck.com/


-----Original Message-----
From: Steve Lhomme [mailto:steve.lhomme at free.fr]
Sent: Friday, September 14, 2001 8:12 AM
To: license-discuss at opensource.org
Subject: Open source + commercial


Hi,

I'm a bit new to software licenses.

I've investigated through all the usual OSI-approved software licenses and I

still haven't found what I'm looking for.

I thought the QPL would fit, but after reading it carefully, it doesn't seem

like.

What I'm looking for is a Free Software license, that enables anyone to 
use/modify/publish the source code, but only for non-commercial products.
And 
if anybody wants to use it in a commercial product, they have to pay
someone.

Does something like this exist ? Maybe it was the other Qt license which may

not be OSI-approved ?

thanx in advance
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