NPO Developers License

[Ernest Prabhakar]

Hi Don,

> The license should allow access to, and
> modification of the source and prohibit reselling of original or  
> modified
> derivatives.

If you totally forbid *any* commercial sale (whether or not the  
source is released) then I'm afraid your fears are correct -- such  
licensing terms would run afoul of the very first sentence of the OSD:

"The license shall not restrict any party from selling or giving away  
the software"
http://www.opensource.org/docs/definition.php

and probably others.  You can do a source-available license, but it  
would not be open source.

However, it might be worth going back to your NPO to ensure that is  
really required.  For example, I presume the intent of that rule is  
to ensure that the needy people who receive goods do not 'cash in' on  
those donations.  For software, the situation is rather different.   
It may be worth asking them to think through whether a re- 
interpretation (or amendment) would best serve their desired purpose.

- Ernie P.

On Apr 27, 2005, at 2:03 PM, Don Cameron wrote:

> Hoping this question is appropriate for this forum.
>
> I am seeking a license suitable for a group of Non-Profits wishing to
> develop and distribute software. The license should allow access  
> to, and
> modification of the source and prohibit reselling of original or  
> modified
> derivatives. This is to comply with NPO constitutional requirements  
> that:
> "donated products or merchandise must not be resold for profit".  
> For the
> purpose of distribution, all software developed would be deemed "a  
> donated
> product".
>
> Is there such a license approved by OSI? I am unsure if a license that
> prevents reselling  qualifies as Open Source - my reading of the  
> OSI web
> suggests that only licenses empowering for-profit redistribution
> (commercial) are approved.
>
> If the license we need is not available or cannot be written and  
> approved as
> Open Source, maybe we need an envelope distribution license preventing
> reselling that sits above and supplants any developmental license  
> conditions
> - any advice on ways to achieve this objective are appreciated.
>
> Don
>
>
>