2. (of a price, consideration, etc.) named as a mere matter of form, being trifling in comparison with the actual value; minimal.
One other way to put it would be "less than the court filing fee of the lawsuit I could file about the fact that your 'nominal' fee is too large to be nominal" :-)
Remember, of course, once one person has the code, they can distribute it for free if they like. And if some company is obstructive, there's no better way of ensuring the first guy to pay the money distributes it loudly and widely at no charge.