You know, a while back, Nokia announced that they would make free licenses for their proprietary stuff that they're not using anymore (mostly wrt to patents).

Why not see what it takes to get them to apply this same logic to Diablo's source code. Anything that is still closed, but no longer in use (in its current-to-diablo state), to be opened under an Open Source license (even if it's not GPL). Or do it like the Qt licensing: as long as you do Open Source things with it, you can use it under an Open Source license; if you want to do non-OSS stuff with it, you need to pay for a license to it.

I think, in general, that would be a good model for Nokia to adopt. As Maemo N+1 becomes available, take the parts of Maeno N that Nokia owns, ESPECIALLY the parts that have been superseded or deprecated, and open source them. Even if it's under a "Nokia OSS license" (like what Apple did with early versions of OSX) and not a Gnu license.

Though, because Maemo 5 isn't actually out yet, they might consider Diablo to still be "the current public Maemo" ... so might have to wait a few months for that.