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Licensing Free Software

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wraith808:
I've never thought about this before- I just release software and forget about it.  However, if I was going to release free software, and did want to license it to make sure that no one else made a profit off of it, but it was free (not open source), are there licenses for that?  If so, can anyone suggest a good one?  I'm not worried about enforceability, because truthfully, I don't have the resources to pursue someone for a violation for free software.  But doing nothing seems wrong also.

Any thoughts?

wraith808:
Ok.. a quick stab at a license (like I said, I don't really care about enforceability):

This software is licensed under the Don't Blame Me License (DBML)

This software is released as-is for the general good. It may never be distributed for direct payment, though inclusion in software downloads is permissible with permission obtained from (email address) as long as everything included in the distribution where it was obtained is likewise included in your distribution, and the linking page includes a link to (link to software page).  I claim no responsibility for damages that may occur to any person, place, thing, idea or noun through the direct or indirect use, misuse or disuse of this product. Caveat lector.

40hz:
Any standard commercial type license would fit the bill. All you'd then have to do is continue to not charge for it and include a license term which says it "can be freely copied and distributed" - but not sold.You'd also probably want to put a splash screen in the installer that says "If you paid money for a copy of this program ask for it back!" followed by a brief explanation of how you released it for free distribution.

As far as enforcing it...that's another matter. Unless you have a legal firm on retainer, you probably wouldn't be able to do that. Possibly you could join some association (if there is one) that provided a license enforcement member benefit. The FSF is out because your program is closed source - and you'd have to assign the license over to them before they could enforce it anyway. Does the ASP or some other software organization do something like that?

wraith808:
I'm not sure... but like I said, I don't really care about enforcement.  It was more along the lines of why do we put locks on doors... not to keep determined criminals out (because that doesn't work), but to make non-determined criminals think twice.

Thanks for the advice!

Renegade:
There is the case where your software is distributed on CD in a magazine or some similar method where the publisher doesn't directly profit from the software, but does charge for the media, etc. You might want to check that out. For examples of those kinds of clauses, check out the licenses in my software (in the installer) or ALTools (I did those licenses). They're pretty much what you're looking for I think.

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