We believe that the following license meets the criteria in www.opensource.org/docs/osd as well as https://help.launchpad.net/Legal/ProjectLicensing ; however, as of this writing, neither of these authorities have certified this license.
VENUES: Android Market.
If the source code was published (i.e. checked into a public source code repository) more than two years ago, than it is under the Affero GPL 3.0 (with none of the clauses mentioned below added).
Otherwise, if the code is more recent, than it is available under a license which is similar to the Affero GPL 3.0 but with the following additional restrictions. These restrictions are not considered to be "further restrictions" as defined in the Affero GPL 3.0, and may not be removed; it is as if they are added as an item (g) in the list in section 7 of that document.
ATTRIBUTION: Descriptions or advertisments of your product in any of the venues listed above ("VENUES:") must contain a prominent note stating that it is based upon our product, clearly stating the name or identifier of our product in that venue so that an unsophisticated reader will understand how to find our product and acquire it in that venue.
EXECUTABLE PRICE RESTRICTION:
If all of the following conditions are true:
- You offer a binary, compiled, or executable version of a derivative work of this code ("your product") in any of the venues listed above,
- The date of publication of the source code of ours that you derived your product from is less than two years in the past,
- Opensourcetown offers a binary, compiled, or executable version of this code or of a derivative work of this code ("our product"), for a price other than "free",
- The functionality of your product is, in the sole discretion of Opensourcetown, substantially similar to the functionality of our product, and is not a very large improvement upon it (if you don't trust our discretion, we agree to go into arbitration using an arbiter chosen by Opensourcetown, provided that you pay all fees for the arbitration including a reasonable salary to support the time and expenses of our representative), THEN: At the time of release of your product, the price of your product must be more than the price of our product. Also, in your descriptions and advertisments, along with the attribution required above, you must state the price of our product. You are not responsible for keeping track of the price of our product subsequently. However, if we subsequently raise the price of our product, and then notify you, then you must raise the price of your product in that venue to greater than our new price, and update your descriptions and advertisements to state our new price.
In any case, you may (and must, if you distribute your product) still distribute the source code for free in any venue, provided that it is made available only under this license.
The idea is that you are not able to just copy our code, compile it, and offer it for sale (or for free). If we only prohibited outright copying, you could make a few quick changes in the code and then claim it was different. Therefore, we require your product to be substantially different from or better than ours.
We don't want to prevent you from improving on our product, or from using our code in other products, so if your product is substantially different from or better than ours, the price restriction doesn't apply.
Although we want to prevent you from depriving us of the profits of our work, we don't want to prevent you from selling modified versions of our product, so this is allowed provided that the price of the modified version is greater than ours, and that you let customers know about our cheaper product before they purchase yours.
This restriction makes the license incompatible with the Affero GPL 3.0. So, for any given piece of code, the extra restrictions expire after two years.
For example, if this application is a swordfight game offered for sale in Android Market, and you create a swordfight game by re-skinning our game and adding one or two minor features, and then you offer it for sale in Android Market, the price of your swordfight app must be at least the price of ours, and the description of your game must state that it is based upon ours, using the name of our app as it appears in the Market, and state the price of our game.
For example, if this application is a swordfight game offered for sale in Android Market, and you create a swordfight game which, in our opinion (or the opinion of the arbiter's, if you choose that), is a major improvement over ours, then the EXECUTABLE PRICE RESTRICTION doesn't apply.
For example, if this application is a swordfight game offered for sale in Android Market, and you take the networking code out of it and reuse it in a different sort of game, then the EXECUTABLE PRICE RESTRICTION doesn't apply.
Your product contains only code from our product which is more than two years old. Even if your product is similar to our product, the EXECUTABLE PRICE RESTRICTION doesn't apply.
I made up this license. Comments, concerns? -- BayleShanks