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I have an open source project that is a add-in to TFS (ie it is for developers and those using TFS.)

It is currently using the GPL. But it occurs to me that the GPL does not really represent what I am trying to do with my license.

I want my code to be free to everyone who wants to use it. And if you modify it and use it then that is great too. You should not have to open source your modifications.

But I would like to block someone from building my code and selling it. Or modifying it and selling it. (Anyone that wants to do that should have to negotiate a separate license with me.)

Is there an open source license that prevents re-selling, but allows full non-vending use for a person/company that downloads it?

Vaccano
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2 Answers2

12

No, there is no such license. And there cannot be. The ability to sell the software is a crucial part of the Open Source Definition. Any license that prohibits selling is by definition not Open Source.

Jörg W Mittag
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8

First Why? Unless there is a high probability of this happening (in which case, you should be seeing your attorney now anyway, it appears that you are suffering from the I-am-afraid-someone-will-take-from-me syndrome.

In all seriousness, what are you concerned about, and why would someone purchase your code from someone else if it is free from you? And if the value added by the 3rd party is enough to warrant purchasing, why would you want to stop them? In other words, that would be a good thing for you (bigger ecosystem), not a bad thing.

Actual answer here:

I suggest you take the following BSD license and add a 4th bullet point that says something like this.

    * Redistribution of this software in source or binary forms shall be free
      of all charges or fees to the recipient of this software.

However, I am not an attorney, so I further suggest that you run this by a good one. 

Copyright (c) <year>, <copyright holder>
All rights reserved.

Redistribution and use 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 name of the <organization> nor the
      names of its contributors may be used to endorse or promote products
      derived from this software without specific prior written permission.

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 <COPYRIGHT HOLDER> 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.
gahooa
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