Including open source within a larger package

[Russell Nelson]

Chris F Clark writes:
 > 4) That the license doesn't require me to distribute sources for
 >    things which I cannot (or will not), and that my not doing so
 >    doesn't impact further redistributions of things which I am giving
 >    away.  This is the sticky point.  I specifically want to give away
 >    some "shareware" type code as part of the distribution, but I don't
 >    want that impacting the "open source" status of the source code
 >    part of the distribution.

The GPL specifically says this:

    In addition, mere aggregation of another work not based on the Program
    with the Program (or with a work based on the Program) on a volume of
    a storage or distribution medium does not bring the other work under
    the scope of this License.

 >    Note that it doesn't make sense for me to distribute the open
 >    source parts separate from the shareware parts.  While the
 >    shareware parts play no role in the finished application
 >    (derivative work), they are an integral part of adapting the
 >    open source part to its use in a finished application.  Thus,
 >    distributing the two entities as seaprate things is to my mind
 >    merely subtrefuge. (see analogy below)

Ahhh, you see, we here at OSI are very pragmatic about this kind of
thing.  No moral judgements here.  Whatever part of your program you
want to give away is fine with us, even if you think it's not
particularly useful without proprietary bits.

 >    It is not as important that others be able to redistribute the
 >    "shareware" parts, but it is strongly preferrable.  If some
 >    [re]distributor happens to include my package as part of something
 >    that they are [re]distrbuting, I would like that to be clearly
 >    permitted.
 > 
 > Any license that can satisfy all 4 points is acceptable to me. I am
 > willing to listen to any recommendations as to what license I should
 > use to satisfy the 4 concerns.

GPL, then.  Or OSL if you prefer the certainties of contract law.

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