>>Hence I would use the same license to keep off scammers.
(...)
> Anything but code should be possible to license similar to GPL, but not 
> allowing any commmercial use.

My two cents:

First of all, define your use of 'scammer' here. From Wikipedia, I get "A 
confidence trick is also known as a con game, con, scam, grift, hustle, bunko, 
bunco, swindle, flimflam, gaffle, or bamboozle. (...) A confidence trick is an 
attempt to defraud a person or group by gaining their confidence."

FlightProSim does not defraud its customers as far as I am aware. They seem to 
be actually getting a working copy of a flight simulation which is able to 
generate the advertized screenshots and has the advertized features. 

What they do is selling a product for a high price which is available elsewhere 
cheaper. Any consulting company will probably refer to this as a clever 
business strategy rather than a scam. I've noticed that I can buy newspapers on 
airports for a price which is somewhat higher than on the street. Usually the 
fact that I get the same newspaper for free once I enter the plane (or even at 
the gate in some airports) isn't advertized, I have to know. Would this make 
the newspaper vendors  morally bad people (obviously it's not criminal to sell 
something which is available for free next door) or merely clever businessmen?

Second, were is the damage? FlightProSim, as far as I can see, doesn't damage 
the Flightgear project in any way. It doesn't cost us money, after discovering 
that you get the product for free elsewhere, FlightProSim customers are as a 
rule not angry at Flightgear but at FlightProSim, so I fail to see how a 
changed license would benefit the project, as we're not after preventing damage 
for us here.

There is arguably, from a certain moral perspective, damage done to 
FlightProSim customers since they pay for something they could have gotten for 
free. Note that this is not the same thing as fraud (see above), and note also 
that pretty much every supermarket sells products which we could get cheaper 
elsewhere. We (some of us) may feel that this is somehow morally wrong though. 
From this come two questions:

* Can we all agree on moral standards what is 'right' and 'wrong' use of 
Flightgear? 
* If so, should we really take care to pre-empt all 'wrong' use?

I seriously doubt we all agree on the same 'right' and 'wrong' - I've heard 
some voices arguing against any military simulation using Flightgear while 
others use it to write derived combat sims for instance.  Suppose someone 
starts selling Flightgear with added customer service - so rather than the 
somewhat diffuse service offered in the forum, you get to talk to a service 
hotline in case something doesn't work. Is it morally justified to charge for 
this added service? If yes, how do we judge the standard of service and the 
price against what FlightProSim is (not?) offering? If no, would we not harm 
the project by preventing this service, as we are evidently not able to come up 
with a reliable customer service? I could go on a bit, the point is, once you 
actually start thinking about it, it's not a very clear-cut question.

Which brings me to third, what damage do we do to the project by preventing 
commercial use? As has been mentioned, plenty - commercial use has in the past 
been used to contribute to the project, we'd not be included in Linux 
distributions, we'd prevent someone from offering a perfectly useful customer 
service,...

And thus, in summary changing to a license preventing commercial use makes no 
sense. It doesn't prevent any damage done to the project, as no such damage 
exists. The idea is based on a perspective of 'right' and 'wrong' which is at 
best difficult to argue and for which we would not find any consensus among 
ourselves. The idea is further based on pre-empting 'misuse' of our work, which 
even if that could be defined and agreed upon, is difficult to establish in 
practice (do we for instance test every customer service and then only allow 
certified services to sell the product?). But a license change does clear and 
evident damage to the project. So we'd lose something but gain really nothing.

Cheers,

* Thorsten
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