Help in choosing appropriate open-source license...

[Chuck Swiger]

Tony R wrote:
> I've read through the FAQ and some licenses, but I am afraid I need some
> more help in understanding this issue:
> 
> [1] I have a speech application server I wish to release open-source
> [2] Ideally, I'd like to do it like MySQL does it - open source for anyone,
> and charged for large companies. (Note that worst-case, I can drop this
> requirement, because I feel it is a genuine step forward for the speech
> application industry, and the benefits to the industry on balance exceed the
> private benefit I may derive. Of course, I'd prefer not to.)

Large companies can use MySQL for free, too.

If they don't want to release their source code for a proprietary system which
includes the MySQL database adaptor, they can purchase a license from MySQL to
do so, but software under the GPL can be redistributed for free.

> [3] The additional complication is that a large company can use the server
> without ever distributing it, and there do not seem to be any open-source
> license that deals with code that is run on a server-farm and not
> distributed. There is no web  page - the only externally 'visible' portion
> is the audio that the speech application plays out.

If you insist that people using your software have to pay royalties or a license
fee under some circumstances, the software is not Open Source and none of the
existing OSI-approved licenses are going to suit your purposes.

If your software is genuinely interesting and valuable, it's likely that you can
earn money by offering support or maintenance contracts instead of asking for
license fees.  This works reasonably well for the Linux vendors, for the Apache
project, for the BSD flavors.

> Can you recommend a license that could fit this case? Alternatively, are
> there licenses in the works that might apply? If not, how do I go about
> crafting such a license?

Write up the license which says what you want it to say, as best you can in
simple, plain English, and then hire a lawyer who does contract/licensing work
to provide a final review.

-- 
-Chuck