> [1] https://www.google.com/search?q="intended for use in the design%2C 
> construction%2Coperation or maintenance of any nuclear facility"

That's a completely different legal text.  I agree that "not intended for use 
in the design, construction, operation, or maintenance of any nuclear facility" 
is not a licensing term, it's a notification of fact that is intended to 
counter warranty claims.  It doesn't say you CAN'T do it, it's just a warning 
that it wasn't intended for the purpose.

Perhaps *that* clause (not the previous one noted) should be a standard 
"exception" clause, like the CLASSPATH exception.

However, a text that says "This is not LICENSED for <some use>" is a completely 
different ballgame.  Since by default copyright doesn't allow use (under many 
interpretations), that says that you are NOT permitted to use the software for 
some purpose, and *ALL* definitions of FOSS unanimously agree that is *NOT* 
acceptable.

It's not really different from the "You may not use this for commercial 
purposes" or "You may only use this for research" riders that are often seen.  
Those are common, and also non-FOSS.


> It’s about value, not FOSS purity.

No, it's about truth.  Either the license list is a list of FOSS licenses, or 
it's a list of licenses including FOSS licenses.  The group needs to make a 
choice, and state that clearly.

I think it'd be fine to include non-FOSS or "FOSS-like" licenses (like this 
one) in the license list.  However, if it does, it must NOT say that this is a 
list of FOSS licenses, because this "non-nuclear" example is NOT a FOSS 
license.  Instead, it should say what the list is (e.g., "This is a list of 
FOSS and FOSS-like licenses").  SPDX is supposed to help people be legally 
precise; having false statements (especially in something so visible) will give 
people immediate pause.

--- David A. Wheeler

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