Opinion on this "license"?

[Mahesh T. Pai]

Gene Smith <gene.smith at siemens.com> writes:

> "This Software is Freeware. It is distributed for free. You may
> copy, modify and use it for free as well as distribute it to
> others. You may only distribute it as a whole, unmodified and with
> all trademarks and copyright notices.

I see  following problems:-

1. Modification is allowed only for personal use. No distribution of
   modified versions. 
2. No commercial distribution is allowed.

> You may not distribute it commercially (e.g. as a
> Share-/Freeware-Distributor) without the express written permission of
> Yoyodynaics, Inc. SINCE THIS SOFTWARE IS DISTRIBUTED FOR FREE,

(snip)

> This pertains to a kernel driver for a proprietary board. Could this
> be distributed with other GPL code? I think they are saying you can
> modify it for your own use but if you distribute it it must remain
> intact.  But then they say you can't distribute it commercially as
> Share-/Freeware. What does this mean?

This means precisely what it says. For a copyright license, you get
precisely those rights which are granted to you. 

> Linux and other programs can be distributed commercially by
> companies but are not called share/freeware except by the
> clueless. So what does this mean?

They certainly do not mean `you can call the aggregate Free Software,
but do not call it freeware or shareware'.

The whole is sum of parts. If you charge for the whole, you command
the price because you provide each part. Each part has a value, and
therefore you violate this license if you charge for an aggregated
(with other applications/ files) distribution.

-- 
 Mahesh T. Pai