Sometime this year (to be vague, I'm committed to teaching right now, see post below) the Shen license will be fixed to a computable set of tests - the Shen Standard Tests or SST. Effectively, this will incorporate all the current tests which porters use plus the material in TBoS and whatever else I think needs to be added. So being license-worthy will be cut and dried.
We can do this now because the Shen kernel is mature technology; previously there was advantage in making the license a little fuzzy while things shifted. Putting the SST together is a bit of work and I may place this on Github for those who want to contribute.
I'm going over the reworded license with the 2011 committee.
Mark