I'm not arguing with your position, but what you're saying here isn't
entirely correct. It is, but not in the manner you're using it. :)
If I write Windows 2002, and try selling it for $8000, people are gonna
distribute it illegally. If I let this go on for years, not stopping them, I
lose the ability to sue people at a later date.
Your copyright, at least your terms of it, specify no commercial sale of the
software. You can enforce that, without restricting other factors.
I.e. I could say that all people named 'Rex' get Windows 2002 for free, but
still say people can't copy it and sell it. They aren't mutually inclusive.
I'm not a lawyer, but I took enough business law/intellectual property
classes in school to say that in my opinion you're perfectly OK in saying
"You can put the driver on your web page. You can copy it and give it to
friends. You can even leave it on a PC110 before you sell it. You can't,
however, be a business who sells PC110s and use the driver for financial
You decide what you want to enforce, and what not to enforce. You just can't
change your mind years later. :)
Please don't sue me. :)