question about a project licensed under CC NC claiming to be open source

[Thomas Riboulet]

hello,

I don't know if it's the right place but, I didn't find any better suited mailing list for that.

Following some links I found a gallery made in JS : http://highslide.com/

the website is claiming that it's open source, yet the licence is Creative Commons non commercial 2.5 and I didn't find any link to the code except the actual js lib.

I don't mind the commercial part but the "you need approval for commercial use" sounds more like the old shareware thing ...

the CC NC license is not listed in the open source licenses, what is the stand of opensource.org in such a case ?
and what action is possible towards this project to have them clarify the status of their software ?

regards,

-- 
Thomas