Help in choosing a license

[Michael Poole]

James McGovern writes:

> Been busy making the case at work to take some inhouse code we have written
> and open source it but would like to place the following constraints on it.
> 
> 1. You may use the software in any system that you do not sell for no cost.
> 
> 2. If it is incorporated into software that is sold, then you must implement
> 100% of the ideas contained within it if written in another language or if
> the same language, you cannot remove functionality.
> 
> 3. It is free to use in any context for the industry vertical it targets but
> if modified to support other verticals then a royalty should be paid.

Assuming the first item means "Use of the software is free of charge,"
that is implicit in Open Source.  The double negative leads to two
other possible interpretations: "You may incorporate the software in a
system that is distributed for a fee," and "You may incorporate the
software in a system that is distributed free of charge."

The second restriction is not compatible with Open Source; if I had to
pick one part of the Open Source Definition that it violated, it would
be "3. Derived Works," but it may also violate #6.

The third restriction is not compatible with Open Source; it violates
"1. Free Redistribution" and "6. No Discrimination Against Fields of
Endeavor."

Michael Poole