[License-discuss] we need a new license for earning money

[Pirmin Braun]

currently our "IntarS" ERP Software is released under GPL. But we want to be able obtain license fees from bigger commercial users.
That's not possible with GPL or any other OSI approved license since it is a restriction to free use.
Since we neither want to dual license nor Open Core we've created a draft expressing our thoughts of a new sort of license.
We think it adresses a common issue and differs effectively very little from an OSI compliant license. 
So I'd like to share our thoughts: Maybe it is possible to add such an extension to the OSI Open Source Definition? Or create a new class of approved liceneses? Or at least coin a name for this sort of license?

Here's the draft:

//  IntarS 7 ERP Framework
//  Author 1996-2013  Pirmin Braun
//  all Rights granted to and reserved by IntarS Unternehmenssoftware GmbH
//  Am Hofbrauhaus 1 - 96450 Coburg - GERMANY
//  http://www.intars.de info at intars.de
//  licensed under IntarS Open Source Commercial License

--- IntarS Open Source Commercial License (IOSCL) ---

Preamble
========
Short Version: you can think of the IOSCL as the LGPL (tm) with license fees for bigger companies.
It gives you all the freedoms, the GPL (tm) is meant for:
- the freedom to use the software for any purpose,
- the freedom to change the software to suit your needs,
- the freedom to share the software with your friends and neighbors, and
- the freedom to share the changes you make.

But additionally it gives you and us the freedom to earn money based on heavy usage.
As professional services are accepted to pay for, framework development is not.
The Open Source idea of community development didn't work for the IntarS ERP framework.
Framework development had to happen in spare time and at night and we had to hire professional
programmers. While the license fees will be low enough not to hurt bigger companies, 
they will help paying further framework development. Also the certified IntarS Partners 
and other creators of derived work will benefit as they now may create their own price list
for usage of their branch solutions. 

Your Rights
===========
IntarS Unternehmenssoftware GmbH grants you the right to
use, redistribute, modify IntarS, create and/or distribute a derived work based on IntarS
under these 

Conditions
==========
Redistributions of source code of IntarS or a derived work must retain the above copyright
notice and this License.

Redistributions in binary form of IntarS or a derived work must reproduce the above copyright
notice and this License in a convenient manner.

A derived work must provide the information, that it is based on IntarS and that the contained
IntarS is licensed under this license.

Usage of IntarS is free for private users, educational and non commercial organisations.

For commercial organisations usage is free for the first 5 concurrent named users.
Continued usage by exceeding concurrent named users needs to be licensed in a seperate, written
license agreement with IntarS Unternehmenssoftware GmbH.
This applies also to the IntarS contained in a derived work.
Commercial organisations must immediately send a mail to info at intars.de to buy required licenses.

Termination
===========
Failing to conform to a condition will automatically terminate your rights under this License
and constitute a claim for compensation.

Clarification
=============
You don't have to redistribute your derived work. If you do, you don't have to distribute source with your derived work.
You are free how to license your derived work.
For the IntarS contained in the derived work of certified IntarS Partners, IntarS Unternehmenssoftware GmbH takes 
only 30% of the regular license fee rate from the commercial end users.
Special rates apply for SaaS hosters.
IntarS Unternehmenssoftware GmbH pays a reward in amount of 10% of the license fee for hints detecting license infringements.
IntarS Unternehmenssoftware GmbH pays for contribution to the framework.
As of October 2013 The standard license fee for exceeding concurrent named users is one time 900,-- EUR and monthly 10,-- EUR.

Disclaimer
==========
IntarS comes with absolutely no warranty of any kind to the extent of applicable law. Use on your own risk.
--- end of License ---

-- 
Pirmin Braun - IntarS Unternehmenssoftware GmbH - Am Hofbräuhaus 1 - 96450 Coburg
+49 2642 40526292 +49 174 9747584 - skype:pirminb www.intars.de  pb at intars.de
Geschäftsführer: Pirmin Braun, Ralf Engelhardt Registergericht: Amtsgericht Coburg HRB3136