Open source, closed source, and the value of code

[Monte Goulding]

> On 2 Mar 2016, at 1:10 PM, Robert Mann <rman at free.fr> wrote:
> 
> 2) if you do not make it public, than when you're ready, you're free to turn
> for help to an indie/pro developer to finish it up and prepare it for iOS
> launch under whatever license suites you.

I refer you to clauses 5 b, d, f and h of the LiveCode License Agreement for Indy and Business. This sentence in 5b is particularly relevant "For the avoidance of doubt, You may not use the Licensed Edition to create or distribute Created Software for other users who are using the Community Edition of LiveCode.”

Here’s all of clause 5 for your reading pleasure:

5. NO COMPETITION

a) The clauses in this section are intended to prevent you from using the Licensed Edition to release Created Software or engage in activity using the Licensed Edition, that is directly damaging to our business. Such damage may result from any activity that reduces, or negates, the requirement for other users of any edition of LiveCode, including the Community Edition, to purchase a Licensed Edition in order to enjoy the same benefits that you enjoy under this agreement.

b) The ability to create and distribute Created Software is intended for You to use with applications You have created or been substantially involved in developing. You are prohibited from using the Licensed Edition to build standalone applications for others where You are not the author of the application, or confer on others the ability to build standalone applications by any means whatsoever. For the avoidance of doubt, You may not use the Licensed Edition to create or distribute Created Software for other users who are using the Community Edition of LiveCode. This clause is intended to prevent You from providing any facility or service which would reduce or eliminate the requirement for other LiveCode users, including users of the Community Edition, to purchase a Licensed Edition to distribute their own Created Software.

c) You are prohibited from creating or distributing Created Software to be used and marketed as a generic rapid application development tool. Any Created Software that does not involve any sort of script editing will not be considered prohibited.

d) You are prohibited from using the Licensed Edition to password protect or otherwise secure LiveCode stacks substantially created by anyone other than You.

e) You are prohibited from creating or distributing Created Software with the primary purpose of being used as a generic Player application for Created Software built with any edition of LiveCode. This clause is intended to prevent you from conferring the ability to others to distribute closed-source applications, including stacks, without purchasing a license.

f) Irrespective of the specific exclusions listed in this section, you may not invent, contrive or enter into any form of business that utilizes your Licensed Edition to reduce or eliminate the need for any other entity to purchase a Licensed Edition. Selling licenses is the core of our business and you accept that your use of the Created Software will not be used, intentionally or otherwise, to undermine that business.

g) Irrespective of the clauses above, any Created Software that you produce that requires the end user to purchase a Licensed Edition of the LiveCode Software will never be considered as being prohibited.

h) In the event that either you or LiveCode Ltd determines that your software, or a service you provide, is in violation of any of the clauses above, you must withdraw the Created Software or service immediately. It is agreed that engaging in such competition with the LiveCode product could cause irreparable harm and injury and LiveCode Ltd will be entitled, in addition to any other rights and remedies it may have at law or in equity, to an interdict, injunction or other similar relief enjoining or restraining you from doing or continuing to distribute such Created Software or provide such competing service.