I'm afraid we're not unable to open-source PrettyLights at this point because of licensing issues.

Er, I'd say that's a pretty disingenuous statement. It's very clearly open source already. I wasn't going to divulge where I got the code from, but in light of the statement above, I find it somewhat unavoidable:

      LINKING EXCEPTION
In addition to the permissions in the GNU General Public License,
the author gives GitHub, Inc. unlimited permission to link the compiled
version of this library into combinations with other programs,
and to distribute those combinations without any restriction
coming from the use of this file, if such distribution is performed
by GitHub, Inc. as part of a GitHub Enterprise release.
                GNU GENERAL PUBLIC LICENSE
                    Version 3, 29 June 2007
...

So GitHub, Inc. is not required to distribute it separately due to the exception. However, since they have conveyed the software to anyone who downloads the GitHub Enterprise .ova, its within the right of anyone who downloads it to redistribute it, since you've made it available in this matter; that exception doesn't bar anyone from removing that exception and/or redistributing the code. See section 7 of the GPLv3.

To give @vmg's statement the widest interpretation I can, perhaps the issue is more accurately that GitHub does not want to distribute PrettyLights as GPL3, as most (all?) of their public "open source projects" are distributed under more liberal licenses. And they're not required to make it available separately from GitHub Enterprise, due to the exception granted by the TextMate copyright holders.

"Prettylights" development. #160

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