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Add source-available non-commercial LICENSE with explicit commercial path and attribution requirements - #1

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copilot/create-custom-license
Aug 6, 2026
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Add source-available non-commercial LICENSE with explicit commercial path and attribution requirements#1
psypherion merged 2 commits into
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copilot/create-custom-license

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This PR introduces a custom repository license aligned to a source-available, non-commercial unless separately licensed model. It enables broad non-commercial usage/modification/distribution while explicitly prohibiting commercial deployment without a separate written agreement.

  • License model and scope

    • Added /LICENSE defining the software scope to include repository source, compiled binaries, and shipped docs/config/scripts/examples.
    • Defined Derivative Work to cover modifications, forks, plugins, integrations, and larger embedding systems.
  • Rights grant (non-commercial)

    • Grants use, study, modification, and redistribution for non-commercial purposes.
    • Allows source/binary redistribution only under strict non-commercial conditions with notice retention.
  • Commercial restriction and licensing path

    • Explicitly excludes commercial rights by default.
    • Requires separate written commercial licensing for any revenue-linked use.
    • Includes commercial contact channels:
      • sayan84c@gmail.com
      • https://psypherion.github.io
  • Attribution, propagation, and derivative constraints

    • Requires preservation of copyright notice and full license text.
    • Requires user-visible attribution in UI/web surfaces.
    • Prevents derivative terms that weaken or bypass non-commercial restrictions.
  • Legal framework

    • Adds no-trademark/no-endorsement language.
    • Includes standard “AS IS” warranty disclaimer and liability limitation.
    • Defines automatic termination triggers for violations.
    • Sets governing law to India and exclusive jurisdiction to courts in Kolkata, West Bengal.
This License is source-available and non-commercial. It is NOT an OSI-approved
open-source license and does not satisfy the Open Source Definition because it
contains commercial and field-of-use restrictions.
Original prompt

Create a customized LICENSE for me :

  1. Purpose and goals
    1.1 The license should allow wide non‑commercial use of the software, especially by individual users, students, researchers, and educational institutions.

1.2 The license should restrict commercial use so that no one can earn money from the software or its derivatives unless:

they have a separate commercial agreement with you, or

the derivative work is itself completely free for end users (and still respects your attribution and other conditions).

1.3 The license should ensure your name and copyright notice are always preserved in the software and in derivative works, both in source form and in user‑visible places (e.g., About screen, docs).

1.4 The license should make the project clearly “source‑available, non‑commercial unless licensed”, not OSI‑open‑source, and explicitly state that it imposes field‑of‑use / commercial restrictions.

  1. Scope of the licensed software
    2.1 The license applies to:

Source code (all files in the repository unless otherwise stated).

Compiled binaries produced from the source.

Documentation, configuration templates, scripts, and example files shipped with the repository.

2.2 The license should explicitly define “Software” as the above, and “Derivative Work” as any modification, extension, plugin, integration, or larger system that incorporates the Software or substantial portions of it.

  1. Definitions (to be included in the legal text)
    The license must clearly define:

Licensor: “Sayan Sarkar”.

You / Licensee: any individual or entity using, copying, modifying, or distributing the Software.

Non‑Commercial Use: any use with no intention and no effect of generating revenue, wages, fees, or other monetary compensation (personal use, academic research, teaching, internal experimentation, etc.).

Commercial Use: any use, deployment, or distribution where the Software or a derivative contributes to a revenue‑generating activity (selling products/services, paid SaaS, internal tools that directly support a business process that earns money, paid consulting based substantially on the Software, etc.).

Derivative Work: any work based on, incorporating, or substantially using the Software (modified versions, forks, plugins, integrations, larger systems embedding it, etc.).

  1. Rights granted for non‑commercial use
    The license must grant, for Non‑Commercial Use:

4.1 Right to use the Software on any number of machines and environments, for personal, academic, educational, and internal research purposes.

4.2 Right to view and study the source code.

4.3 Right to modify the Software and create Derivative Works for Non‑Commercial Use.

4.4 Right to distribute copies of the Software and Derivative Works, provided that:

The distribution is strictly Non‑Commercial.

The license text and copyright notice remain intact and are shipped with source and (where applicable) binary distributions.

Clear attribution to “Sayan Sarkar” is preserved.

These requirements mirror typical “source‑available, non‑commercial” patterns: source code accessible, modifiable, and redistributable, but restricted in field‑of‑use (commercial).

  1. Restrictions on commercial use
    The core requirements for the commercial restriction:

5.1 No Commercial Use by default.
The standard grant of rights must explicitly exclude Commercial Use. Licensees must not:

Sell or license products or services whose value derives substantially from the Software’s functionality.

Provide paid hosting, SaaS, or cloud services where the Software is a core component.

Use the Software as a core component of revenue‑generating internal tooling.

Offer paid consulting or integration services where the Software is a substantial part of the deliverable.

unless they obtain a separate commercial agreement from you.

5.2 Commercial license path.
The license must state:

Any Commercial Use requires a separate written commercial license agreement with you (the Licensor).

Contact information: sayan84c@gmail.com and/or https://psypherion.github.io for commercial licensing.

5.3 Optionally: “If they earn, you earn.”
The license may specify that any commercial deployment must involve either:

a paid license fee, or

an agreed‑upon revenue‑share or other compensation model, as negotiated separately.

(This part is better handled in the commercial contract than in the public license, but the requirement doc should flag it.)

  1. Requirements for derivative works
    The license should impose these conditions on Derivative Works:

6.1 For Non‑Commercial Use, derivative projects must:

Be licensed under the same non‑commercial, source‑available terms (your license) or a license at least as permissive for non‑commercial use and equally restrictive for commercial use.

Preserve your copyright notice and license text.

Preserve clear attribution to “Sayan Sarkar” as the original author.

6.2 Derivative Works may not:

Introduce terms that allow Commercial Use without your explicit agreement.

R...

Co-authored-by: psypherion <72155617+psypherion@users.noreply.github.com>
Copilot AI changed the title [WIP] Create a customized non-commercial license Add source-available non-commercial LICENSE with explicit commercial path and attribution requirements Aug 6, 2026
Copilot AI requested a review from psypherion August 6, 2026 07:28
@psypherion
psypherion marked this pull request as ready for review August 6, 2026 08:19
Copilot AI lite review requested due to automatic review settings August 6, 2026 08:19
@psypherion
psypherion merged commit 6610d5f into main Aug 6, 2026
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Pull request overview

This PR adds a custom “source-available, non-commercial unless separately licensed” repository LICENSE intended to allow broad non-commercial use while prohibiting commercial use without a separate written agreement, and to require attribution/notice propagation.

Changes:

  • Introduces a custom non-commercial, source-available license with explicit commercial-use prohibition and contact path for commercial licensing.
  • Defines key terms (Software, Derivative Work, Non-Commercial Use, Commercial Use) and sets attribution/notice requirements plus termination and governing-law clauses.

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Comment thread LICENSE
Comment on lines +52 to +54
(d) copy and distribute the Software and Derivative Works, in source and/or
binary form, only if all distribution remains strictly Non-Commercial and
all conditions in Section 6 are met.
Comment thread LICENSE
Comment on lines +73 to +76
For Non-Commercial Use and distribution of Derivative Works, You must:
(a) preserve this License (or use terms at least equally permissive for
non-commercial rights and equally restrictive for commercial rights);
(b) preserve Licensor's copyright notice;
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3 participants