[License-discuss] 3-clause BSD with additional clause forbidding key disclosure

[Zluty Sysel]

Hi all,

I have a set of source files that I would like to open source using a
standard 3-Clause BSD but my company would not like that a certain set
of Private Keys used for authentication be disclosed along with the
code. Instead the source files to be made into an open source project
use an invalid, all-zero Private Key that can be used for testing, but
has to be replaced by a proper one (obtained by registering
officially) in the source code before it is compiled for release.

I have drafted such restriction in the form found below, and I was
wondering if any of you had any insight on whether the 3-Clause BSD
accompanied by this additional restriction would still qualify as open
source.

Thanks in advance.

Zluty

/*

* Copyright (c) TheCompany Inc. 20xx

* All rights reserved.

*

 * Redistribution and use in source and binary forms, with or without
modification,

 * are permitted provided that the following conditions are met:

*

 *   1. Redistributions of source code must retain the above copyright
notice, this

*   list of conditions and the following disclaimer.

*

 *   2. Redistributions in binary form must reproduce the above
copyright notice, this

*   list of conditions and the following disclaimer in the documentation and/or

*   other materials provided with the distribution.

*

 *   3. Neither the name of TheCompany nor the names of other
contributors to this

*   software may be used to endorse or promote products derived from
this software

*   without specific prior written permission.

*

 *

 * The following actions are prohibited:

*

 *   1. Redistribution of source code containing the TheCompany Private Key.

*   The TheCompany Private Key is available upon registration. Please refer to

*   http://thecompanyurl.com to register and access the key.

*

 *

 * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND

* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

* WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE

* DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS
BE LIABLE FOR

* ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES

* (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON

* ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS

* SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

*

 */