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Comment Protections for "commercialized" Open Source code? (Score 4) 104

I was thinking about OSS licenses after reading the "Restrictively Unrestrictive" article. The mother of a friend of mine is a published SF/fantasy author; some other friends of hers include a band on an indy label. As a result, I've picked up some stories here and there about the troubles artists sometimes have trying to get artistic integrity and a decent paycheck to coexist.

When these two topic threads collided in my brain, the idea that sprung forth was this: Essentially the FreeBSD license, but with an extra clause stating that if someone wants to incorporate part of the licensed code into a product to be sold for money, they need the programmer's permission to do so. The programmer reserves the rights under the license to negotiate conditions for the codes use: if he likes the company and feels charitable, he can just tell them to go on and do it; if he has ethical problems with the company or what they might do with the code, he could flat out refuse; or for various points between, he could negotiate payment for the code, either as a flat fee or a royalty (knowing more about the lit. and music business than the software business, I have no idea if the royalty thing would ever happen).

Also, it should be clearly stated that previous arrangements for commercial distribution IN NO WAY set a precedent for future agreements (this would hopefully protect the programmer when he tells WeSaySo Inc. that he wants sagans of dollars for his code, and they yell and scream about how he let Applix use it all for just a free commecial-use license).

Thoughts, anyone? Do I have a good idea here, or should I just lay off the crack?

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