Blackmagic is based off of eAthena, as such maintains properties of eAthena, including the license, however the source is not open, at least not yet.
Should I choose to open source it, then it will be put in a new place.
This will never go commercial or draw in any profit of any kind to be used for personal or otherwise benificial use to one single person.
Any income for the server project should be considered a donation and used towards the betterment of the project.