There are some key points in the MASM32 license that are in conflict with a number of different open source licenses.
Users of the MASM32 project must be willing to accept the full and unconditional responsibility for the software that they write using the MASM32 project.
This would seem to run counter to projects that are licensed under BSD and similar permissive licenses. For example, from the BSD 2-clause license
This software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the copyright holder or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
Converted to sentence case for ease of reading
Licenses such as Apache would not run into this problem.
Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
The key points that hit the GPL are enumerated in the "What you CANNOT do with the MASM32 Project"
- The MASM32 Project is not an item of trade or commerce. It cannot be either purchased or sold.
- The MASM32 Project cannot be re-licenced or made subordinate to any other form of licence.
- None of its components or source code are redistributable.
- You cannot use the MASM32 Project to write software for Non-Microsoft Operating Systems.
- You cannot use the MASM32 Project to write any form of illegal software.
- The project does not authorise the use of the Microsoft Trademark in your software or claims that your software is certified by Microsoft.
Note that points 4 and 5 specially run counter to the GPL which, I would assume, contends that writing malicious software (its defined in the license) is one of the freedoms that is protected by its license.
Furthermore, the MASM32 license doesn't require the distribution of the source.
Thus, it seems to read that a license that doesn't categorically disclaim warranty, or impose additional requirements on the author of the code (must distribute source upon request), or has some copyleft attached to the license.
Note, that this reading could be completely off. From the license page:
The MASM32 project cannot be used to create open source software or any other project under any form of licence that requires the user of the MASM32 project to surrender the rights they are afforded under the MASM32 licence. In particular the MASM32 licence completely excludes projects licenced under the GNU organisation's published GPL licence and/or variants.
A valid reading of this is "nope, no open source licenses at all" in which case its the default you own it, 'nuff said license only.
The only authoritative source for this can come from a lawyer or Steve Hutchesson (the credited author of the license page).