License violation

[GoogleCodeExporter]

What steps will reproduce the problem?
1. Read home page for this source code, which says "This is an OPEN SOURCE 
Project. Commercial Use of this Project has to be arranged with us in advance. 
With Downloading our Software and/or Hardware files, you accept this 
condition." 

2. Read first sentence of last paragraph of section 10 of the GPL V3, which 
says "You may not impose any further restrictions on the exercise of the rights 
granted or affirmed under this License."

3. Realize that the home page contains a clause which violates section 10.

What is the expected output? What do you see instead?
That the software distribution not violate the terms of the GPL.

What version of the product are you using? On what operating system?
Applies to any.

Please provide any additional information below.
Of particular interest is Section 7, the first paragraph under the numbered 
list, which says "All other non-permissive additional terms are considered 
“further restrictions” within the meaning of section 10. If the Program as 
you received it, or any part of it, contains a notice stating that it is 
governed by this License along with a term that is a further restriction, you 
may remove that term."

So trying to apply an extra restriction to the distribution of this source 
under the GPL is a violation of the GPL, and the GPL itself allows anyone who 
receives it to redistribute the source without that restriction, which means 
they can ignore it by distributing it to themselves without that restriction.

Adding that restriction to the distribution may also mean the GPL isn't 
enforceable, but you'd have to ask a lawyer about that. It certainly violates 
the spirit of the GPL.

Original issue reported on code.google.com by m...@mired.org on 8 Sep 2014 at 3:54