[Drawkit] DrawKit licensing hassles

[Britt Durbrow]

My $0.02...

Um... before I begin; I should mention that I am not a lawyer, so  
nobody should take this as legal advice, because it isn't.

When people think of "the BSD license", they are thinking of "free as  
in beer"; and to attach a price tag to that confuses them. Therefore,  
if you want $$$ for the product from ***anybody***, you should call it  
something else (even if the details work out similar in many cases).  
And, technically, it **isn't** the BSD license, because it isn't the  
exact license shipped with BSD UNIX; it's the DrawKit license, because  
it is the license that DrawKit ships under.

As for what I would do... I think I would do some of each, and rewrite  
the license a little bit. As Steve Weller suggested, charge money for  
support and customisation; and change the license to reflect a fee  
structure dependant on total gross income... perhaps it might look  
something like this:



**************************************************************************

Drawkit, comprising all the original source files, project files and
related resources, but EXCLUDING optional linked third party code, is
licensed subject to the following conditions:


SOFTWARE LICENSE AGREEMENT

Copyright (c) 2008, Apptree.net.
All rights reserved.

Redistribution and use of this software in source and binary
forms, with or without modification, are permitted provided that the
following conditions are met:

* Redistributions of source code must retain the above
   copyright notice, this list of conditions and the
   following disclaimer.

* 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.

* Neither the names of Apptree, Apptree.net, Graham Cox, nor the names
   of its contributors may be used to endorse or promote products
   derived from this software without specific prior written permission
   of Apptree.net.

* Commercial Distribution in source or binary form by entities with
   a total gross income of over one million US Dollars ($1,000,000) per
   year is subject to a fee listed in the Fee Schedule below.

* Educational and Non-Commercial Distribution in source or binary form
   is not subject to a fee.

DISCLAIMER:

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
OWNER 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.


FEE SCHEDULE:

Total Gross							Fee:
Entity Income:

$0 to $1,000,000						$0
$1,000,000 to $10,000,000				$1,000
Over $10,000,000						Contact AppTree.net

**************************************************************************