commercial license for source code
I have written a software program that can encode a unique type of video and would like to release the source code under a non-commercial license. However, I am having difficulty finding an existing license that meets my needs. Perhaps some fine fellow knows of one I am missing?
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By non-commercial I mean it must not be used in a commercial setting, be used to help develop commercial products, be combined with other commercial software, or be distributed commercially in any way. Generally, if you are, or will be, receiving money when, or by, using the software, then you're violating the license. This description is probably more restrictive than I need, so any license that is at least somewhat similar would be of interest.
The most popular non-commercial license is probably the Creative Commons Non-Commercial. The Creative Commons Attribution-Noncommercial-Share Alike license is basically want I want, but according to their wiki, they "do not recommend" using CC for software.
The only alternative I've found is Qt Non-Commercial license version 1.0. Because it explicitly states that "everyone is permitted to copy and distribute" the license itself, I should be able to use it to license my source code under. But the note at the end saying it "is governed by the Laws of Norway." and "disputes shall be settled by Oslo City Court" somewhat disturbs me. I'm also surprised there are very few references to this license anywhere on the web. It's like Trolltech/Nokia has completely disavowed any knowledge that the license was ever used.
Update: Looking closer at the Qt Non-Commercial license version 1.0, it doesn't seem to say that you can't execute the software for commercial purposes, it just says you can't develop on the software for commercial purposes.
This helps me see there is a difference, and my primary desire is that, whether my program has been modified or not, it is not executed for commercial purposes (eg encode video to be used in a commercial project). If a company wants to develop on or change my software, but not use its output for commercial purposes, I could live with that. However, in that case, I would rather then put the source code under something similar to the Reciprocal Public License. Then the changes they make must be made publicly available, whether they distribute it or not.
I have searched high and low for other alternatives, but don't see any non-commercial license that may be freely used with my software. Most non-commercial license texts seem to be copyrighted or explicitly state who the licencer is.
Also (as there's a good chance someone will mention it), I am well aware of the various popular licenses used for source code today (GPL, LGPL, BSD, MIT etc.) and the implications of not using them. They're fine licenses, but none meet my needs as stated above. Thanks!
Couldn't you use your preferred license by saysing something similar to:
Licensed under the Qt Non-Commercial license version 1, as follows, with the exception that the Choice of Law clause is instead:
This license is governed by the Laws of whatever jurisdiction. Disputes shall be settled by the courts of whatever jurisdiction.
I know people often use the GPL with certain exceptions, I imagine you can do the same with this license.
In my recent searchings, I may have discovered the most popular community software project with a non-commercial license: MAME. It seems someone even created a non-commercial license based on MAME's, due to the problem of people "using CC-BY-NC licenses for software."
Since there is such a dearth of non-commercial licenses out there, I may be stuck using this MAME-like one.
Your best bet might be a dual license, where they can either use the GPL license (not LGPL) or for a fee a commercial use license. The problem you'll run into is an enormous number of projects have a donation system to cover some of the hidden costs of developer effort - is that a commercial use? Where do you draw the line? From what I can tell, the licenses that will best cover your goals will turn out to be one of:
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