[HN Gopher] What's up with these new not-open source licenses?
       ___________________________________________________________________
        
       What's up with these new not-open source licenses?
        
       Author : todsacerdoti
       Score  : 121 points
       Date   : 2021-03-18 15:59 UTC (7 hours ago)
        
 (HTM) web link (github.blog)
 (TXT) w3m dump (github.blog)
        
       | donmcronald wrote:
       | What's up is that large companies started abusing the open source
       | licenses to benefit themselves at the expense of open source
       | communities. All it took was one jerk ignoring the spirit of open
       | source and exploiting open source projects to the maximum extent
       | that was legal under the old licenses. It's not hard to guess who
       | it was either.
       | 
       | It's a good lesson. As soon as one person cheats or violates the
       | spirit of a system, everyone else has to too or they'll fall
       | behind. Unethical people ruin everything.
        
         | pessimizer wrote:
         | > the spirit of open source
         | 
         | This is not a thing that exists. What we have are licenses, not
         | ghosts.
        
           | donmcronald wrote:
           | The spirit of collaboration and working for a common good
           | absolutely used to exist. Many of the internet's core
           | protocols were built with the spirit of cooperation weren't
           | they?
           | 
           | Think about email and the value it adds to the world. Would
           | we ever get the protocols needed to create email if we
           | started right now today? Not a chance.
           | 
           | IMO the previous generation(s) of tech people were way better
           | than what we have today. They were interested in and
           | enthusiastic about building awesome tech / products. Today
           | the only thing anyone with influence is interested in
           | building is a company that can IPO and make them a
           | billionaire.
        
             | pessimizer wrote:
             | > The spirit of collaboration and working for a common good
             | absolutely used to exist.
             | 
             | That currently still exists. It has nothing in particular
             | to do with software, though. People collaborate, academics
             | collaborate. Are you telling me that massive corporations
             | were part of this back in the _good old days,_ just helping
             | people for the fun of it?
        
           | stonesweep wrote:
           | >> the spirit of open source
           | 
           | > This is not a thing that exists. What we have are licenses,
           | not ghosts.
           | 
           | Before we had open source, we released software as public
           | domain. The _spirit_ existed before the trademark phrase was
           | even invented and long after people were already giving away
           | their software for free because of the _spirit_ of the
           | community. We used to go to computer swap meets in
           | fairgrounds buildings and buy boxes of floppy disks with
           | random software on them just to see what was around, people
           | uploaded it to BBSes and shared the work they did - we had
           | Donationware, Shareware, Postcardware (a personal favorite),
           | Beerware and everything in between which was 100% based on
           | the _spirit_ of the community. We just called most of it
           | Freeware.
           | 
           | We have _licenses_ because the _spirit_ was abused.
        
             | pessimizer wrote:
             | You're projecting your good feelings about collaborating
             | with other computer hobbyists onto a set of software
             | licenses applied to extremely corporate, not-hobbyist
             | software. And additionally complaining that the "abuse" of
             | these licenses by massive corporations are _keeping the
             | authors of this software from getting rich._
             | 
             | If you're doing this for the pure joy of programming,
             | you're already rich in spirit - Amazon taking your software
             | and using it is actually a tribute.
        
         | SAI_Peregrinus wrote:
         | There are two broad spirits of open-source license: copyleft
         | and corporate charity.
         | 
         | Copyleft licenses like the GPL encourage those using the code
         | to contribute back to the open-source community.
         | 
         | Charity licenses like the BSD or Apache license are used by
         | developers who want to work for exposure. They only encourage
         | giving credit to the original developers, and implicitly allow
         | closing the source. Letting people do that is the whole spirit
         | of these licenses. People who don't want to be making
         | charitable donations to megacorps shouldn't use charity
         | licenses.
        
           | kps wrote:
           | Not necessarily. The project I'm currently working on was
           | initiated by a group of mostly-mega corps, staffed with
           | dozens of full-time developers, and Apache licensed -- all
           | out of rational self-interest.
        
         | mrob wrote:
         | Following the terms of the license is not abuse. The whole
         | point of permissive licenses is to allow anybody to exploit the
         | software as they wish. If that's not what you want then don't
         | use a permissive license. AGPL is a good alternative choice.
        
         | esperent wrote:
         | > Unethical people ruin everything.
         | 
         | In this case, let's be clear: it was unethical companies.
        
           | bluefirebrand wrote:
           | Companies don't have ethics. It's unethical people running
           | and working at those companies.
           | 
           | And it's really far past time we stopped giving those people
           | a pass because "it's the company, not me"
        
           | jacques_chester wrote:
           | Companies are made of people.
        
         | remus wrote:
         | While it would be nice if we could get away with people abiding
         | by an unwritten 'spirit of the agreement' the reality is that
         | if you don't want someone to do something with your code then
         | it needs to be written down in a license. I think it is
         | somewhat naive to expect it work any other way, as when you
         | potentially have millions of devs using some code it is
         | unrealistic to expect them all to grasp an unwritten set of
         | rules from a culture they potentially know nothing about.
        
           | jrochkind1 wrote:
           | Plus as a consumer I always thought the "spirit" of the open
           | source agreement included avoiding vendor lock-in, in the
           | first place. Now the argument is that the "spirit" all along
           | was intended to require vendor lock-in, that consumers
           | wanting the software hosted for them as a service should have
           | only one option (Or authorized licencees of that one monopoly
           | option), and that was always the "spirit" of open source?
           | 
           | I don't think so. I thought the "spirit" was the opposite of
           | that, that open source would let consumers of software avoid
           | vendor lock-in or monopoly control of the software.
        
           | wongarsu wrote:
           | You can have quite relaxed rules as long as everyone abides
           | by the spirit of the agreement. As soon as one party violates
           | that spirit you are forced to make everything much more
           | explicit, which inflicts collateral damage on use cases
           | nobody would have objected to previously.
        
             | growse wrote:
             | > You can have quite relaxed rules as long as everyone
             | abides by the spirit of the agreement. As soon as one party
             | violates that spirit you are forced to make everything much
             | more explicit, which inflicts collateral damage on use
             | cases nobody would have objected to previously.
             | 
             | How are newcomers to know what the mystical "spirit of the
             | agreement" is if it's not written down?
             | 
             | How do you detect that there isn't, in fact, a precise
             | consensus over the "spirit of the agreement" if it's not
             | written down?
        
               | wongarsu wrote:
               | Newcomers can just look at what others are doing, and if
               | what they want to do goes beyond standard practice should
               | ask themselves "do I do undue harm to others?".
               | 
               | That's how society generally runs on all scales, whether
               | we are talking about the office fridge or about national
               | law. Things generally start with very few explicit rules,
               | and new rules get made when they are proven necessary.
        
               | growse wrote:
               | Eh? The national law is _literally_ written down.
               | 
               | "Guesswork" doesn't seem like a good way to do anything
               | without stumbling into a lot of confusion and
               | miscommunication.
        
               | wongarsu wrote:
               | If law was as simple as reading what's written down, then
               | what are all the lawyers and courts for. There is a lot
               | of interpretation going on.
               | 
               | But really I was referring to the process of how the laws
               | are formed in the first place. A lot of the time they
               | start out under-specified, and as abuses emerge we make
               | more concrete laws using our new understanding. Of course
               | the latter part usually leads to a lot of discussion and
               | resistance because of the collateral damage any new law
               | causes by being slightly broader than necessary. Which is
               | a major reason many industries self-regulate in the
               | attempt to make explicit laws unnecessary.
        
       | endisneigh wrote:
       | Is there a single case of someone misusing an open source license
       | and being assigned significant damages as a result in a court?
       | 
       | I know Google v Oracle is still ongoing but other than that?
       | 
       | Unless there's a whistleblower in your organization or your
       | product itself is open source it seems impossible to identify,
       | let alone litigate.
        
         | wongarsu wrote:
         | Cisco/Linksys had to make available the source code that became
         | the basis for a whole ecosystem of open router software that
         | offers enterprise features on much cheaper devices. Cisco also
         | paid an undisclosed amount to FSF. Similar things have also
         | happened to other router manufacturers.
         | 
         | Westinghouse had to pay the SFC $90k for shipping BusyBox
         | without observing the license.
         | 
         | Most cases that are pursued are settled out of court though.
        
         | speeder wrote:
         | I don't remember if any damages were awarded, but I do remember
         | that the infringing software were all removed from the market
         | when SCUMMVM sued Atari for releasing Nintendo Wii games using
         | their game engine without sharing anything at all.
         | 
         | Atari of course got stuck in a bad situation then, if they
         | complied with GPL they would breach Nintendo NDA, so their
         | choice was just stop selling the products in question entirely,
         | so I must assume the lost sales were smaller than the potential
         | damage if they were found guilty of copyright infringement.
        
         | makk wrote:
         | In an acquisition, the acquirer will have full access to source
         | code and may look for open source violations during technical
         | due diligence. They may then use any violations to squeeze the
         | valuation and/or demand remediation, either of which is a real
         | cost to the company being acquired. It's not in court, but is
         | is a routine situation that does not require a whistleblower,
         | where the violations are relatively easy to identify.
        
       | sneak wrote:
       | A reminder:
       | 
       | Projects aren't able to do this (relicense a whole code base
       | unilaterally) if you don't sign the CLA that assigns them your
       | copyrights in the project.
       | 
       | Never sign a CLA to contribute to an open source project.
        
         | geofft wrote:
         | Over a decade ago, I remember that we were debating the merits
         | of CLAs that got all of OpenOffice.org owned by Oracle (cf.
         | https://lwn.net/Articles/443989/ as a random starting point).
         | 
         | I really think this was the FSF's fault - they insisted on
         | copyright assignment for any contributions to GNU, because if
         | the FSF held the entire copyright, they'd be in a better place
         | to pursue legal action against violators. But history has shown
         | that this clearly hasn't been required: Linux doesn't have this
         | policy, and no Linux enforcement case has ever failed because
         | the Linux Foundation wasn't able to demonstrate clear standing.
         | And the FSF basically legitimized everyone else asking for
         | CLAs. Had they stood firm and said that giving up ownership of
         | your code to a central entity is antithetical to the spirit of
         | free software, and the license is all that people can rely on,
         | I think we would have been in a much better place today.
        
           | pessimizer wrote:
           | Unlike MIT/Apache/BSD-style Open Source licenses, Free
           | Software can't be relicensed by anyone but the copyright
           | owner. It's a completely different situation.
           | 
           | The current problems stem from pretending that Open Source
           | has any more of a relationship with Free Software than it
           | does to proprietary software - an expectation that reifies
           | (and honestly necessitates) things like "the Spirit of Open
           | Source" in the minds of developers. The Spirit of Open Source
           | is that you're working for massive companies who can ignore
           | you.
           | 
           | The only relationship between Open Source and Free Software
           | is the fact that Open Source code _can be arbitrarily
           | relicensed_ and therefore can be relicensed as Free Software
           | as easily as it can be as proprietary software.
        
             | geofft wrote:
             | MIT, Apache, and BSD are "GPL-Compatible Free Software
             | Licenses" according to the FSF:
             | https://www.gnu.org/licenses/license-
             | list.html#GPLCompatible...
             | 
             | I gather you have some meaning of Free Software that is
             | different from what the FSF means by it, and also different
             | from what groups like Debian and Fedora mean by it. Can you
             | expand on what you mean by "Free Software" and what
             | relationship it has with the "Free Software" movement as
             | defined by the FSF, Debian, Fedora, etc.?
             | 
             | Do you think that the FSF, therefore, works within "the
             | Spirit of Open Source", that contributors to glibc are
             | working for the FSF, which can ignore them?
        
               | pessimizer wrote:
               | > "GPL-Compatible"
               | 
               | Of course they are. They can be placed into GPL software.
               | They can be placed into any software.
               | 
               | > Do you think that [...] contributors to glibc are
               | working for the FSF, which can ignore them?
               | 
               | Yes.
        
             | athms wrote:
             | Please stop spreading incorrect information. Re-licensing
             | is an exclusive right granted to the copyright holder; it
             | has a specific meaning under copyright law. There is
             | nothing in the Apache, BSD, or MIT license that grants re-
             | licensing. Using source code that has been licensed under a
             | permissive license in a larger work that is licensed
             | differently (including more restrictions) isn't re-
             | licensing.
        
               | geofft wrote:
               | Absolutely true. There's a consequence of this that
               | people tend to ignore: You cannot remove the (e.g.) MIT
               | license text from an MIT-licensed work if you
               | redistribute it as GPL.
               | 
               | The MIT license gives you "Permission ... subject to the
               | following conditions: The above copyright notice and this
               | permission notice shall be included in all copies or
               | substantial portions of the Software."
               | 
               | You can abide by that condition by distributing your
               | software under the GPL _and retaining the MIT license
               | text_ for portions. You cannot abide by that condition by
               | "relicensing" the software and removing the MIT license:
               | you are in violation of the license.
        
               | pessimizer wrote:
               | Fair distinction in MIT's case, and other attribution-
               | ware.
        
               | pessimizer wrote:
               | > Using source code that has been licensed under a
               | permissive license in a larger work that is licensed
               | differently (including more restrictions) isn't re-
               | licensing.
               | 
               | Whatever you want to call it is fine. I prefer to think
               | that GPL'd software that incorporates Open Source takes a
               | copy and makes it GPL (especially because if I modify the
               | Open Source at all, my changes are not available under an
               | Open Source license.) Other people who are using that
               | piece of Open Source are not using my copy, which is GPL.
        
         | string wrote:
         | I recently chose to sign a CLA for an MR I wanted to make to a
         | commercial entity's SDK. The feature I added will enable me to
         | build a product and potential revenue stream. I could have
         | forked the project and maintained my own version, but I'd
         | rather do the work for free and have someone else maintain the
         | library going forward. I don't care about who owns or has
         | access to the the work I did in this instance, so I was
         | comfortable with signing it.
        
         | chubot wrote:
         | I think they can effectively do the same thing if they own the
         | copyright to a significant portion of the work.
         | 
         | Here's a thought experiment: Suppose that Mongo or Cockroach
         | consists of 80% code for which they own the copyright (written
         | by employees). And it's 20% written by contributors who have
         | NOT signed the CLA.
         | 
         | Now can they relicence the whole codebase? No, but I think they
         | can do something with thes same effect by relicensing their
         | parts.
         | 
         | I think it's easier to see if they start a new project. Say
         | Mongo starts a new project called "Dumbo".
         | 
         | Dumbo consists of 80% Mongo code relicensed. And they simply
         | reuse the contributors' code under the existing open source
         | license. So you distribute both licenses with the code.
         | 
         | But now it is still impossible (*) for Amazon or whoever to
         | stand up a cloud service according to the license -- unless
         | they want to rewrite 80% of the code.
         | 
         | I'm not a lawyer but that's my understanding of how it works.
         | Interested in contrary (informed) opinions.
         | 
         | (*) edit: better to say that it's harder, not impossible. They
         | can fork the old code under the old license. It really depends
         | if the they "understand" the code.
        
           | ghaff wrote:
           | A CLA certainly makes things clearer. But, as is common with
           | legal questions, the answer is some combination of it's not
           | 100% clear and it depends on the particulars. For example,
           | around the time of GPLv3, there was some discussion of
           | whether Linux _could_ be relicensed to GPLv3 if Linus wanted
           | to. (He didn 't.) Eben Moglen for one was of the opinion that
           | it probably could be. [1]
           | 
           | [1] https://www.cnet.com/news/linux-to-gplv3-a-practical-
           | matter-...
        
           | PeterisP wrote:
           | If the initial license was GPL or the like, then it would
           | prevent that, as long as they want to include any of the
           | contributors' GPL code, they have to offer the whole package
           | under GPL. MIT-style licenses would generally permit what you
           | describe.
           | 
           | Also, they can't "unlicense" previously distributed code - if
           | the system was previously distributed with an open source
           | license, Amazon can use that version as the basis for a
           | "Dumbo-compatible" cloud service without rewriting the 80% of
           | the code as long as they're basing it on the last open
           | release; they would only have to reimplement the new things
           | that "Dumbo" added if they want; Amazon does not have to
           | accept the new license if they don't need the new code and
           | the old code with the old license fits their needs better.
        
             | athms wrote:
             | >Also, they can't "unlicense" previously distributed code
             | 
             | The United States allows authors (and heirs), except work-
             | for-hires, to clawback copyright transfers and terminate
             | licenses after 35 years on works made after 1977. This is
             | an inalienable statutory right, which means it cannot be
             | waived even with a contract.
             | 
             | That said, it may be difficult to terminate licenses in
             | practice because open source licensing is done informally
             | in most cases and courts haven't ruled whether this impacts
             | the right of termination. However, copyright assignment and
             | contributor license agreements are subject to termination.
        
               | PeterisP wrote:
               | Okay, the consequences of this paragraph
               | (https://www.copyright.gov/title17/92chap2.html#203) are
               | potentially devastating if triggered, but 35 years is
               | quite a long time in the tech world. It would be very
               | interesting on how such a fork could proceed once the 35
               | year term (measured from the grant of that licence,
               | essentially the last day the original open source version
               | was distributed) happens if the copyright owner issues
               | the termination letters, but for all the recent licence
               | switches this won't be an issue until 2050s, and in any
               | case the users would have at least two years of warning
               | to switch to something else or possibly make the product
               | compliant by rewriting whatever of the original 35 year
               | old parts are still needed.
        
             | chubot wrote:
             | Yes that matches my understanding.
             | 
             | And IMO it's fair for Amazon to continue the development
             | based off an old version. Forking is an important right in
             | open source. Nobody who releases code as open source should
             | expect that their code isn't forked.
        
             | wrs wrote:
             | And indeed, Amazon forked Elasticsearch from the last open-
             | source version and is continuing independent development.
        
         | x1798DE wrote:
         | They can still do this if the old code base is under a
         | permissive license, since permissive licenses like BSD, Apache
         | and MIT are compatible with proprietary licenses.
        
           | athms wrote:
           | I think you are confusing re-licensing with sub-licensing,
           | which are not the same. Under copyright law, the copyright
           | holder is granted certain exclusive rights over their work
           | and re-licensing is one of the rights. If the license grants
           | sub-licensing, a licensee can pass on some or all of the
           | rights in the license to a third party. Of the three licenses
           | you mentioned, only the MIT license allows sub-licensing.
           | 
           | The license terms for a sub-license must be consistent with
           | the original license terms, although not necessarily the
           | same. The sub-licensor can use different words as in the
           | original license, but they cannot override the terms and
           | conditions that are required by that license. The sub-
           | licensor cannot sub-license more rights than have been
           | granted by the original license.
           | 
           | Works released under the Apache, BSD, and MIT license can be
           | included in a larger work with a more restrictive license or
           | modifications can be put under such a restrictive license,
           | but the original license must remain intact.
           | 
           | If you are getting your information on re-licensing from the
           | Wikipedia page below, it is wrong.
           | 
           | https://en.wikipedia.org/wiki/Permissive_software_license
        
           | pwdisswordfish0 wrote:
           | Mostly true, but only up to an extent: without a CLA, they
           | can't just update LICENSE.txt to replace the contents with
           | the text of the new license and be on their merry way without
           | any trace of the old one.
           | 
           | They can't hide the fact that it was once MIT/BSD/Apache
           | licensed, and they still have to include copies of that
           | original license (and any notices) even after the switch, as
           | that is one of the conditions that contributors make their
           | work available under, and failure to do so would mean the org
           | is in violation if they haven't otherwise received approval.
        
             | pritambarhate wrote:
             | Even if one has to include the original license and notices
             | with the new version, the original license and notices
             | apply to the portions which were present in the older
             | versions. The new portions added to the software after the
             | license change must be used only as per the new license.
             | MIT, BSD and Apache licenses don't forbid you to use a new
             | license to your own derivative work.
        
         | chrisseaton wrote:
         | As long as the licence wasn't copyleft, they can still
         | incorporate your code in their closed project without a CLA.
        
       | tpush wrote:
       | A bit off topic, but is there some consensus about what the best
       | way to license software so that non-commercial use = MIT,
       | commercial use = 'proprietary, please negotiate a license' is?
       | 
       | Like, some standardized legalese or something.
        
         | wmf wrote:
         | There isn't any consensus. Right now there's a whole variety of
         | licenses like BSL, SSPL, etc.
        
         | geofft wrote:
         | The problem is this is kind of ill-defined.
         | 
         | If I, an open-source hobbyist, am thinking about incorporating
         | some code from your software into my project which _I_ want to
         | allow unrestricted commercial use of (i.e., which I want to put
         | under a standard F /OSS license), even though I am not making
         | any money from it, are you okay with that?
         | 
         | If you're not okay with that, then the open-source-like
         | properties of allowing derivatives / incorporation into other
         | works probably just aren't appealing to you at all, and what
         | you probably want is a simple "Non-commercial use is permitted"
         | statement. But it won't actually be the MIT license, which
         | permits unrestricted use, modification, and redistribution.
         | 
         | If you are okay with me incorporating your code, then how do
         | you define how much of your code I can use? If I build a GUI
         | around your program and I tell AWS that they can freely build a
         | GUI, is that still okay with you? That's going to have to be a
         | case-by-case thing, probably.
         | 
         | Another question is what you expect to do about contributions.
         | If I, an open-source hobbyist, contribute some useful feature
         | to your code, am I entitled to get paid a portion of what
         | commercial users pay you? The simplest answer here might be to
         | not accept contributions.
         | 
         | Some practical options, depending on what you're really trying
         | to do, might be:
         | 
         | - licensing under the AGPL, on the assumption that many
         | companies are scared by it even though it isn't a restriction
         | on use (just a compliance headache for potential external use),
         | and maybe clearly advertising a less restrictive commercial
         | license (which could be MIT, or could be a super long
         | contract/EULA) for money
         | 
         | - licensing a previous version of your code under the MIT
         | license, but keeping the current version as just source-
         | available
         | 
         | - marking commercial features as proprietary and source-
         | available (what GitLab does, and what Elasticsearch used to do)
         | 
         | - capitalizing on the fact that you know the software really
         | well, and selling consulting / support but using a free
         | software license (what Red Hat, Canonical, etc. do)
         | 
         | - capitalizing on the fact that you know the software really
         | well, and running it as SaaS (what Google does with Kubernetes,
         | for instance)
         | 
         | - giving your software a simple "Non-commercial use permitted"
         | statement, but saying that open source developers who are
         | interested in parts of your code are free to contact you and
         | you're willing to relicense limited parts of the code as MIT on
         | request
         | 
         | Finally, what's your goal? Is it to prevent commercial use? Is
         | it to make money from commercial users? Commercial software
         | houses are, sort of by definition, good at writing software in-
         | house - if your software is a really good idea as opposed to a
         | really good implementation of an old idea, chances are that a
         | motivated commercial developer will just make their own version
         | of it.
        
           | tpush wrote:
           | Thanks for the very informative post!
           | 
           | Really, the licensing I envision would be:
           | 
           | 1) Any entity that does/wants to derive commercial value from
           | the software should compensate the copyright holder. Example
           | entities here are both "I want to sell software that
           | includes/is derived from your software" and "I'm a
           | company/freelancer using your product as part of my business
           | operations".
           | 
           | 2) Any other entity can use the software in any way they see
           | fit (like e.g. MIT) _except_ that 1) applies transitively to
           | any derived software.
           | 
           | The situation here is less "This is an open source thing
           | where I take all your contributions and profit off it" but
           | more "This is a commercial for-profit thing that would
           | normally be proprietary closed-source, but everyone can
           | copy/inspect/modify the source as long as they do not profit
           | from it".
           | 
           | Contributions would either be disallowed, or under a CLA if
           | for some reason someone wants to contribute to it (with the
           | clear expectation that someone else is going to profit from
           | it).
        
         | wongarsu wrote:
         | If you're just sharing binaries then CC-BY-NC-SA (or some other
         | variant of the creative commons licenses). For open source
         | projects there isn't really an agreed upon equivalent. The most
         | popular version is probably "AGPL, or talk to us for a more
         | permissive licence". Most companies would rather pay you than
         | use something under AGPL license terms, but for hobby use AGPL
         | works just fine.
        
       | luhn wrote:
       | > In response to this pressure, many open-core or dual-license
       | companies, including Confluent, MongoDB, Cockroach Labs, Redis
       | Labs, Timescale, and Graylog moved away from OSI-approved
       | licenses to licenses that are not 'open source.'
       | 
       | Redis Labs gets undeserved flack for their licensing changes.
       | Redis remains fully open source under the BSD 3-Clause License.
       | The relicensing only applied to the modules that are part of
       | Redis Labs' paid offerings. So it's the open core model, but even
       | better because the non-core offerings are source-available.
        
         | [deleted]
        
       | scottrogowski wrote:
       | This article takes a purist stance driven by a rigid adherence to
       | ideology. Let's look at this another way...
       | 
       | Open-source and proprietary licenses are at two ends of the
       | software development spectrum. The open-source model maximizes
       | ease-of-adoption but doesn't provide much incentive for the
       | developers. Proprietary software provides a lot of incentive but
       | adoption can be slow and burdensome.
       | 
       | Let's assume that a good goal for society is to maximize the rate
       | of innovation in software. To do that, you need a mix of BOTH
       | ease of adoption and suitable development incentives. Source-
       | available licenses are an attempt to accomplish this.
       | 
       | Is this a perfect solution? Probably not. I think better
       | licensing models are still waiting to be discovered.
       | 
       | However, my sense is that these new licenses will accelerate the
       | development of software with limited downside for the user. After
       | all, they are designed only to impact companies attempting to
       | sell a SaaS.
       | 
       | In addition, they have the potential to weaken the tech
       | monopolies which, in my mind, is a Very Good Thing.
        
         | pullmn wrote:
         | I disagree. I personally would prefer to license the code I
         | write myself with a GPL copyleft or a 'no commercial use' type
         | of license. However, I license it instead under MIT,
         | specifically to make sure that your average corporate user will
         | be ok using it because:
         | 
         | 1. I would prefer that it be widely used. Not because I am
         | seeking clout or advancement, but because that's why I share
         | it. 2. Sharing benefits everyone, including me. Fragmentation
         | and bureaucracy harms everyone, including me. 3. I don't
         | support monopolistic practices by large tech, but this is not
         | the way to stop them. What we had before widespread free
         | software was worse than it is now, arguably held back human
         | progress for years, and didn't stop Microsoft one bit.
        
         | dragonwriter wrote:
         | > After all, they are designed only to impact companies
         | attempting to sell a SaaS.
         | 
         | Well, that's the PR message associated with the new wave of
         | source-available licenses (source-available licensing is not,
         | itself, new; its long been an established form of proprietary
         | licensing.) But it doesn't hold up: you can't harm competing
         | services providers without harming end users. There is a reason
         | why the very different ideologies of the Free Software Movement
         | and the Open Source Community nevertheless have stably settled
         | on definitions which are virtually identical in practical
         | applications (and even though those communities have very
         | different preferences for licenses _within_ the scope meeting
         | their similar definitions.) It is because the space is _not_ a
         | continuum, and there is a minimum needed in each of a number of
         | axes of liberty for the whole structure not to collapse into
         | something which either community prefers free /open licensing.
         | Particularly, without robust freedom that protects what other
         | people can do with it (including there ability to sell you
         | services built around the software that the original maker
         | might also want to sell), you are not insulated against future
         | actions of the copyright owner restricting the software or its
         | or others services around it.
         | 
         | And this isn't opaque to the people issuing these licenses; the
         | overt motive is to enhance monetization by preventing licensees
         | from competing with them to sell services: it is to create a
         | moat enabling monopolization and monopoly rents. That's the
         | explicit idea: to create lock-in that free/open licenses would
         | not support.
         | 
         | The benefit that the licensors seek directly depends on the
         | harms that extend beyond competitors to end users.
        
       | dantheman wrote:
       | The problem with these licenses is that they're not open source
       | and they're pretending to be. I doubt you could start a new
       | project and get adoption if you start with these licenses.
       | 
       | There were problems with some OS projects keeping security / auth
       | stuff out of the main project so that it could be used to drive
       | commercial sales.
       | 
       | You can compete on hosting (very hard), support, customization,
       | advanced / narrow features. But it needs to be in alignment with
       | the users / contributors.
        
         | move-on-by wrote:
         | Would you say that GNU GPL is not open source? Maybe I don't
         | understand the nuances, but I really don't see how these
         | licenses are not much different then a more modern GNU GPL
         | license?
        
       | cardanome wrote:
       | So open source means only licenses that are most favourable to
       | the big tech monopolists now?
       | 
       | As a user, I can use Elasticsearch just fine with the new
       | license. I can read the code, modify it and use in my own
       | projects.
       | 
       | So it is more difficult for Amazon to use their monopolistic
       | power to build a competing service to the one that is financing
       | Elasticsearch development? Yeah, good stuff.
       | 
       | If the big tech monopolists need something under a permissive
       | license they should pay for its development.
        
         | pydry wrote:
         | I genuinely wonder what all the people defending infringements
         | on Bezos's "right" to profit from elastic (for instance) are
         | thinking.
         | 
         | If it's open for you but not for him what's your problem?
        
           | yellowapple wrote:
           | > If it's open for you but not for him what's your problem?
           | 
           | How do I know it'll _stay_ open for me? How am I supposed to
           | make that determination on whether or not it even _is_ open
           | for me in the first place?
           | 
           | With a standard OSI or FSF approved license, I don't have to
           | be a lawyer to have at least some idea of what the license
           | entails, because their lawyers - and plenty of others - have
           | already combed through them and put together layman-
           | accessible descriptions of their stipulations - and further,
           | by the very nature of their approval as "open source" or
           | "free software" licenses, I know with reasonable certainty
           | that even something as restrictive as the AGPLv3 will always
           | permit me to use, modify, and redistribute that software, no
           | matter what.
           | 
           | Contrast with these bespoke "source available" licenses,
           | which are specific to certain products/companies and can
           | change at any time. One might call it "FUD" to be skeptical
           | of 'em, but they certainly seem to leave a lot of room for
           | fear, uncertainty, and doubt given the legal pitfalls around,
           | say, maintaining an independent fork.
           | 
           | Still, at least the software itself is transparent (i.e. it
           | can be independently audited at any time, by anyone with the
           | requisite knowledge, for any reason), so for most cases I
           | would certainly pick such software over anything opaque /
           | closed source any day. The lack of contingencies should the
           | developers inevitably go out of business (whether from buyout
           | or bankruptcy) still pushes me to prefer, you know, _actual_
           | free and open source software.
           | 
           | Transparency is a dependency of trust, but it ain't the only
           | one.
        
           | geofft wrote:
           | We're thinking the exact same thing we've been thinking since
           | the Debian Free Software Guidelines were written a quarter
           | century ago:
           | 
           | > _The license must not restrict anyone from making use of
           | the program in a specific field of endeavor. For example, it
           | may not restrict the program from being used in a business,
           | or from being used for genetic research._
           | 
           | > _The license must not discriminate against any person or
           | group of persons._
           | 
           | Was the DFSG misguided when it was written, or has something
           | changed since then such that it's a good idea to restrict
           | certain people from making use of the program?
        
           | ThrowawayR2 wrote:
           | > " _If it 's open for you but not for him what's your
           | problem?_"
           | 
           | Now we have to deal with examining and getting approval for
           | umpteen oddball custom software licenses instead of just the
           | standard FOSS ones and, yeah, that _is_ a problem. The pain
           | of dealing with licenses was part of what drove adoption of
           | FOSS in the first place.
           | 
           | The original spirit of open source was scratching an itch and
           | sharing your code in hopes others found it useful. The
           | current squabbles are about large for-profit corporations
           | trying to extract money from other large for-profit
           | corporations, so let's call these new licenses what they are:
           | proprietary licenses with source availability.
        
             | rightbyte wrote:
             | Teaser license?
        
           | 838812052807016 wrote:
           | It's not open for me to set it up and sell as a service
           | either.
           | 
           | I'm trying to think of a good analogy. Does anyone have a
           | good one?
           | 
           | How about, the software is analogous to a floor plan. I come
           | up with a great floor plan, and allow anyone to use it for
           | their buildings. But I add a restriction that no one is
           | allowed to sell buildings using this floor plan except me.
        
           | scj wrote:
           | Rational self-interest of wanting commodity software for
           | infrastructure / tooling.
           | 
           | A clear winner means more companies use it, increasing demand
           | for it. Which makes it more valuable to master.
           | 
           | If the commodity software is open source, I can learn it at
           | home for a low cost. Then use it at work, again for a low
           | cost. Employers have an interest in using it, as do I.
           | 
           | So I want to encourage Amazon, and other tech companies, to
           | use as much open source as possible! Please increase demand
           | for my skillset!
           | 
           | Of course, the eternal problem is how the software gets
           | developed in the first place. But I really don't want
           | software that bifurcates organizations vs. individuals to
           | become a cultural norm. Even if the impact of any single case
           | is minimal.
        
           | sparrc wrote:
           | Because ultimately you are drawing a line between two for-
           | profit corporations and asserting that one of them is
           | exploitative and selfish (Amazon) and one of them is not
           | (Elastic).
           | 
           | In my opinion, Elastic is being just as selfish and
           | exploitative as Amazon is, which is just as much as any other
           | private for-profit company is.
           | 
           | What I don't like is Elastic putting out PR and pretending as
           | if they are some sort of divine for-profit corporation that
           | doesn't do things out of their own self-interest, but is
           | somehow only interested in open software.
           | 
           | In other words, Elastic is clearly not the same thing as the
           | Apache Foundation, but they seem to want everyone to think
           | that they are.
        
             | cardanome wrote:
             | > Because ultimately you are drawing a line between two
             | for-profit corporations and asserting that one of them is
             | exploitative and selfish (Amazon) and one of them is not
             | (Elastic).
             | 
             | There is obviously a difference between a monopolistic
             | corporations like Amazon that is actively crushing any
             | competition with its control of the market and a bigger
             | tech company like Elastic that is mostly driven by
             | technological innovation (for now).
             | 
             | Does not mean that one is more morally evil than the other.
             | In fact monopolistic corporations can offer their workers
             | much better working conditions because of the extra profits
             | they make from abusing their position. Well Amazon is not
             | exactly known for that but in general they do. I guess
             | Developer are treated pretty well at least.
             | 
             | So again, the point is not a moral failure but the economic
             | position and the system that creates such a situation.
             | While the creation of big monopolies is more or less
             | inevitable it is still a good idea to be critical of the
             | social and economic dangers.
        
           | cycloptic wrote:
           | To the contrary, if Amazon is providing a good hiring funnel
           | for the developers/maintainers, regularly contributing
           | patches back upstream, providing funding to the project's
           | non-profit, and generally respecting the license, then what's
           | the problem? I'm no fan of Amazon but how can I complain
           | about them having a right to profit in cases where they
           | actually are being good open source citizens? Are they really
           | any different from any other cloud provider in that respect?
        
             | eeZah7Ux wrote:
             | Amazon is well known for having a very restrictive policy
             | for contributing to FOSS
        
               | phd514 wrote:
               | Case in point -- an AWS enhancement to PostgreSQL's
               | connection pooler that could have been released as OSS
               | with essentially no impact on RDS Postgres and yet:
               | https://github.com/awslabs/pgbouncer-rr-patch/issues/3
        
         | autarch wrote:
         | > So open source means only licenses that are most favourable
         | to the big tech monopolists now?
         | 
         | No, open source means the same thing it's always meant since
         | the term was first coined. See the Open Source Initiative's
         | Open Source Definition: https://opensource.org/osd.
         | 
         | Now someone will respond "why does OSI get to decide the
         | meaning of the term?" Well, they don't have any _legal_ right
         | to do so, but if you don't accept their definition, does that
         | mean every person gets to come up with their own definition?
         | And if they do, what's the point of using the term?
         | 
         | So it makes sense to take OSI's definition as canonical, the
         | same way the Free Software Foundation's definition of Free
         | Software is generally considered canonical
         | (https://www.gnu.org/philosophy/free-sw.html).
         | 
         | Also, to forestall another common reply, I'm not defending
         | Amazon or attacking Elastic. I'm simply trying to define a term
         | that's at the center of this discussion. If we can't agree on
         | the definition, then any discussion of whether a license is
         | open source is moot. The same goes for discussing the impact
         | and value of open source vs non-open licenses.
        
           | amelius wrote:
           | > "why does OSI get to decide the meaning of the term?"
           | 
           | They don't. "Open source" is, foremost, a word and not a
           | definition. Just as in any language, the people get to decide
           | how language is used.
           | 
           | If you want to be specific about the meaning of open source,
           | just say "OSI open source" or something.
        
             | anoncake wrote:
             | The people have decided that "open source" means OSI open
             | source. Therefore that is its effective definition. Which
             | means
             | 
             | > If you want to be specific about the meaning of open
             | source, just say "OSI open source" or something.
             | 
             | is wrong. "OSI open source" and "open source" are synonyms.
        
               | mindcrime wrote:
               | _The people have decided that "open source" means OSI
               | open source. Therefore that is its effective definition.
               | Which means_
               | 
               | Exactly. In common, everyday usage, when people talk
               | about "Open Source" this is what the majority mean. It's
               | not a "de jure" definition, but it is a "de facto"
               | definition. Open Source means compliance with the OSD.
               | There are terms for those other licenses - "shared
               | source", "source available", etc. Use them if that's what
               | you mean.
        
           | kube-system wrote:
           | Are you sure the FSF's definition of Free Software is a good
           | example of your point here? That definition is almost
           | entirely only respected by western software developers who
           | support the FSF's cause. Just type "free software" into your
           | favorite search engine and see how commonly that definition
           | is followed in practice.
           | 
           | Honestly, I think we should just say OSI-licensed if we mean
           | OSI-licensed. Words are only as good as they can be used to
           | communicate with others. If people misunderstand me, it's my
           | fault.
        
             | Symbiote wrote:
             | Many other languages have an unambiguous word for "libre",
             | and can translate "libre software" directly.
        
               | kube-system wrote:
               | I think this is a good solution. English is not a
               | prescriptive language; loanwords are perfectly valid.
               | 
               | Of course, 'OSI-license' is more accurate still, as they
               | don't have a monopoly on 'libre' either. Many would say
               | the WTFPL is accurately described as libre, even if OSI
               | doesn't.
        
             | chrisseaton wrote:
             | The OSI should have picked their own term that they could
             | have trademarked, not an existing simply descriptive term,
             | then we wouldn't have this problem.
        
               | kube-system wrote:
               | They did. "OSI" and "Open Source Initiative" are their
               | trademarks. Which is why people should use these words
               | instead. These _do_ only have one clear meaning.
        
               | autarch wrote:
               | As far as I know, the term "open source" was coined by
               | the same people who were involved in founding OSI (though
               | the OSI founders were a subset of the people who first
               | used the term). I'd be very curious to see examples of
               | widespread use before 1997 or so.
               | 
               | See the Wikipedia entry:
               | https://en.wikipedia.org/wiki/Open_source
        
               | chrisseaton wrote:
               | > As far as I know, the term "open source" was coined by
               | the same people who were involved in founding OSI
               | 
               | I think this has been shown to be a bit of a myth.
               | 
               | They claim to have coined it in 1998 but there's evidence
               | of it in use in context without even needing to explain
               | the idea by other people as far back as 1993.
               | 
               | https://groups.google.com/forum/#!msg/comp.os.ms-
               | windows.pro...
               | 
               | Also, the fact is the USPTO wouldn't allow them to
               | trademark it because it has a simple existing descriptive
               | term.
        
               | kube-system wrote:
               | It was a descriptive term used for intelligence (i.e.
               | OSINT) well before 1998. Here's a book from 1976 using
               | the term several times:
               | 
               | https://www.google.com/books/edition/Human_intelligence/V
               | E9s...
        
               | EarlKing wrote:
               | You are misinformed. The term "open source" has a history
               | that predates the OSI by at least eight years, possibly
               | longer (but I can only provide cites going back eight
               | years). Please see my full reply here:
               | https://news.ycombinator.com/item?id=26507460
        
               | kube-system wrote:
               | For example, read the last line of this:
               | 
               | http://www.catb.org/~esr/open-source.html
        
             | cmeacham98 wrote:
             | Unfortunately the word "free" has a dual meaning between
             | "with no/few limitations" and "zero cost". Sometimes,
             | people use the latter definition - using context clues to
             | determine which version of the word is in use is needed
             | similar to other English words with dual meanings.
        
               | kube-system wrote:
               | So does "open" and "open-source" which both predate their
               | use for software.
        
               | pessimizer wrote:
               | So does "Windows," "Apple" or "Facebook."
        
               | kube-system wrote:
               | Yes, and those are all proper nouns as far as the English
               | language is concerned and registered trademarks as far as
               | their use in trade is concerned.
        
             | autarch wrote:
             | If we're talking about "free software" in the context of
             | licensing the FSF's definition is the only one that
             | matters.
             | 
             | Obviously there is free (no cost) software as well, at
             | least in English where we have one word for both meanings.
             | This can be easily disambiguated in a discussion by the
             | "free as in speech, not free as in beer" phrase, or if
             | people are familiar with the term, using "libre software"
             | to clarify.
        
               | sjwright wrote:
               | Actually English does have a perfectly serviceable word,
               | but for some reason no one is interested in calling at
               | _freedom software._ yes it is grammatically awkward, but
               | that's a less worse problem than being semantically
               | awkward, IMHO.
        
               | chc wrote:
               | "Freedom software" sounds like word salad to my American
               | ear, so I'm not sure how you see that as serviceable. If
               | you showed me the phrase and put a gun to my head to
               | guess what it meant, I'd probably guess it was a jokey
               | way of talking about software written in France.
        
           | m463 wrote:
           | from "Words to Avoid (or Use with Care) Because They Are
           | Loaded or Confusing"
           | 
           |  _"Open"
           | 
           | Please avoid using the term "open" or "open source" as a
           | substitute for "free software." Those terms refer to a
           | different set of views[1] based on different values. The free
           | software movement campaigns for your freedom in your
           | computing, as a matter of justice. The open source non-
           | movement does not campaign for anything in this way.
           | 
           | When referring to the open source views, it's correct to use
           | that name, but please do not use that term when talking about
           | us, our software, or our views--that leads people to suppose
           | our views are similar to theirs.
           | 
           | Instead of open source, we say, free software or free (libre)
           | software._
           | 
           | https://www.gnu.org/philosophy/words-to-avoid.html#Open
           | 
           | [1] "Why Open Source misses the point of Free Software"
           | 
           | https://www.gnu.org/philosophy/open-source-misses-the-
           | point....
        
             | wizzwizz4 wrote:
             | I don't see how this is relevant.
        
           | ForHackernews wrote:
           | The OSI was always an attempt to rebrand free software, get
           | it away from its hippie roots, and make it palatable to big
           | corporations.
           | 
           | As far as I'm concerned, if they can play these language
           | games, so can Elastic.
        
           | EarlKing wrote:
           | > No, open source means the same thing it's always meant
           | since the term was first coined. See the Open Source
           | Initiative's Open Source Definition:
           | https://opensource.org/osd.
           | 
           | Problem: The OSI did not coin the term 'open source'. OSI
           | partisans claim that Christine Peterson coined the term at a
           | strategy meeting in Palo Alto on 3 February 1998. However,
           | the term and the concept was well known prior to that. Martin
           | Tournoij does a decent enough job of collecting prior
           | citations [1] that go all the way back to 1990. All the OSI
           | did was take an existing philosophy, scribble some new
           | restrictions in crayon, and called it Open Source(tm)(c)(pat.
           | pending).
           | 
           | Honestly, though, I do love it when this comes up. It gives
           | me the opportunity to irk new guys telling them that Lyle
           | Ball, head of public relations at Caldera, has an earlier
           | citation than the OSI in the form of a press-release
           | announcing Caldera OpenDOS[2][3]. :D
           | 
           | [1] https://www.arp242.net/open-source.html
           | 
           | [2] http://www.xent.com/FoRK-archive/fall96/0269.html
           | 
           | [3] http://ftp.uni-
           | bayreuth.de/pc/caldera/OpenDOS.701/license.tx...
        
             | autarch wrote:
             | What do you hope to achieve with this? Ok, you win, the
             | term "open source" predates the OSI. So what?
             | 
             | Using the term "open source" without any definition is
             | useless. If we can't agree on a definition, it's impossible
             | to know if we're actually talking about the same thing.
             | 
             | I want people to use the OSI definition in order to elevate
             | debates. I'd prefer to skip past definitions to more
             | substantial matters, like whether "open source" (per OSI)
             | is useful. Is it somehow better than closed source code? Is
             | it _ethically_ valuable? Is there some subset of the OSI
             | definition that provides more value than the rest? These
             | are interesting discussions worth having.
             | 
             | Endless debating the meaning of "open source" is a huge
             | waste of time.
             | 
             | Given that OSI is the only body I know of with a clear
             | definition, let's use theirs and move on to more
             | substantial topics.
        
               | markdown wrote:
               | > Using the term "open source" without any definition is
               | useless. If we can't agree on a definition, it's
               | impossible to know if we're actually talking about the
               | same thing.
               | 
               | Get with the program, dude. It's 2021, and the prevailing
               | sentiment is that all definitions are now fluid.
               | #GoForWoke #GoWokeOrGoHome
        
               | _jal wrote:
               | > Given that OSI is the only body I know of with a clear
               | definition
               | 
               | If this is the only definition you're aware of, then
               | apologies, but you're not the right person to be
               | attempting to drive this discussion.
               | 
               | If you're aware of the many others but do not consider
               | them 'clear', then there is something else going on here,
               | and I am starting to wander about agenda.
        
               | yesenadam wrote:
               | Ok, could you give the other (clear) definitions you are
               | aware of? That might be actually useful here. Thanks.
        
               | kube-system wrote:
               | > Using the term "open source" without any definition is
               | useless. If we can't agree on a definition, it's
               | impossible to know if we're actually talking about the
               | same thing.
               | 
               | Which is why you should call them "OSI Licenses" if you
               | are referring to OSI licenses.
               | 
               | > let's use theirs and move on to more substantial
               | topics.
               | 
               | This just isn't how English works. It isn't prescriptive.
               | English is descriptive by nature and permits multiple
               | uses, which have been around before OSI ever existed and
               | are still valid.
        
               | phd514 wrote:
               | AWS, Google, and MSFT are among the top sponsors of OSI*.
               | They are not neutral arbiters in the OSS space.
               | 
               | [0] https://opensource.org/sponsors
        
               | samat wrote:
               | Do we really need a 'legally clear' definition of open
               | source and free software? Both look like a common term.
               | Want something you could claim ownership over and exact
               | your specific meaning -- pick some proper name like
               | 'Apache license' or 'lgpl license' -- pretty unambiguous.
        
               | pessimizer wrote:
               | The Apache are a group of culturally related Native
               | American tribes in the Southwestern United States. I'm
               | pretty sure none of their tribal authorities have given
               | you a license for your software.
        
               | chc wrote:
               | Talking about categories of things are useful. This is
               | like saying "Do we really need a term for two-wheeled
               | vehicles driven by pedals? Just say you have a Cannondale
               | or a Schwinn."
        
               | dataflow wrote:
               | > Given that OSI is the only body I know of with a clear
               | definition
               | 
               | No, you can also use the common definition of "open
               | source" = "not closed-source" = "not (source
               | unavailable)". Nobody has branded this definition but
               | that doesn't make it any less legitimate. See definition
               | #1 on dictionary.com for "closed-source", or #2 for
               | "open-source". [1] [2]
               | 
               | > I want people to use the OSI definition in order to
               | elevate debates.
               | 
               | This is... obviously biased? Other people prefer to use
               | other definitions to elevate debates. You can't claim
               | only the definition you like is able to elevate debates.
               | 
               | And the parent is putting so much effort into arguing
               | about the definition for the same reason you did in your
               | comment. If it was so inconsequential, nobody would care.
               | But evidently people find it a powerful thing, hence they
               | argue about it. You can't simultaneously do that and then
               | claim it's irrelevant.
               | 
               | [1] https://www.dictionary.com/browse/closed-source
               | 
               | [2] https://www.dictionary.com/browse/open-source
        
               | ZephyrBlu wrote:
               | I think this is the most sensible and inclusive
               | definition, otherwise you have a lot of situations where
               | it's not technically OSI "Open Source" but the source is
               | literally open.
               | 
               | I've seen people use "source available" (?) in these
               | situations, but I don't think it really makes sense
               | because a lot of the time the only thing holding it back
               | from being OSI "Open Source" is that their license has
               | not been recognized by OSI.
        
               | chc wrote:
               | But now we need a new term to mean what "open-source" has
               | meant for two decades, just because for some reason we
               | wanted to be inclusive of licenses where the source is
               | viewable but not open for use. And once we've redefined
               | it, we've rendered all discussion of open-source
               | deceptive for the period where it had its traditional
               | meaning. I don't see any benefit to this inclusion.
        
               | jcheng wrote:
               | I would like a term that is inclusive of CC0.
        
               | ZephyrBlu wrote:
               | > _just because for some reason we wanted to be inclusive
               | of licenses where the source is viewable but not open for
               | use_
               | 
               | This is not true. Recent licenses trying to protect the
               | business built on the open source code are in general,
               | open for use:
               | 
               | - Sentry: https://news.ycombinator.com/item?id=21466967
               | 
               | - Elastic: https://news.ycombinator.com/item?id=25833781
               | 
               | I see these sorts of licenses becoming increasingly
               | common in the future, which is why I think it's silly to
               | continue excluding them from being called open source.
        
               | chc wrote:
               | The primary distinction in those licenses is that they're
               | not generally open for use -- they allow a carefully
               | chosen, _closed_ set of use cases. As an analogy, when a
               | bar has a TV showing some preselected channel at a
               | preselected volume, I don 't consider that TV open to my
               | use, even though I can use it for the use case the bar
               | specifically chose to enable.
               | 
               | I do agree that licenses like this will become more
               | common in the future, and that's why I think it's useful
               | to have an identifying term for them rather than making
               | "open-source" less precise to include them. Different
               | words for different things is good, in my opinion.
        
               | ZephyrBlu wrote:
               | > _they allow a carefully chosen, closed set of use
               | cases_
               | 
               | I would argue that they prohibit far less use cases than
               | they are open for.
               | 
               | In any case, how would you describe these licenses? I
               | don't feel like "source available" is an accurate
               | descriptor in this case.
        
               | chc wrote:
               | I agree. My personal term for this sort of "We're OK with
               | little people using the software but we don't want any
               | competition" arrangement is "private-use source license,"
               | but I wouldn't be so bold as to argue that's The Best
               | Name. My point is just that I don't think broadening
               | "open-source" is a good answer, because all that does is
               | make it harder to talk about the differences in licenses.
        
               | EarlKing wrote:
               | > What do you hope to achieve with this? Ok, you win, the
               | term "open source" predates the OSI. So what?
               | 
               | The point is to demonstrate that the term predates the
               | OSI's alleged coinage thereof. They don't get to dictate
               | language. This usage pre-exists them and obviously
               | persists to this day.
               | 
               | > Using the term "open source" without any definition is
               | useless. If we can't agree on a definition, it's
               | impossible to know if we're actually talking about the
               | same thing.
               | 
               | Really? It seemed quite useful to the people cited in
               | each of those earlier prior references. They seemed to
               | know exactly what they were talking about in context. You
               | have only to read the messages to see that.
               | 
               | > I want people to use the OSI definition in order to
               | elevate debates.
               | 
               | No, I think you want people to use the OSI definition
               | because that conveniently includes certain clauses that
               | have nothing to do with being open source, much like the
               | FSF's definition of free software has nothing to do with
               | freedom.
               | 
               | > Endless debating the meaning of "open source" is a huge
               | waste of time.
               | 
               | You're right. Equally useless is attempting to privilege
               | the OSI's definition over others.
               | 
               | > Given that OSI is the only body I know of with a clear
               | definition, let's use theirs and move on to more
               | substantial topics.
               | 
               | The numerous citations you are now aware of make you
               | aware of others with a clear definition, so... No.
        
               | mindcrime wrote:
               | _Equally useless is attempting to privilege the OSI 's
               | definition over others._
               | 
               | The OSI definition was elevated over others (to the
               | extent that there even _are_ any others) by usage. You
               | can dislike that all you want, but it doesn 't change
               | anything. Maybe, in time, usage will flip the meaning to
               | something else... English has a way of doing that. But
               | let's not stick our heads in the sand and pretend that
               | current reality is anything other than what it is.
        
               | EarlKing wrote:
               | Language is not a popularity contest. Words and phrases
               | can mean different things in different contexts. That the
               | OSI came along and proffered its own definition does not
               | mean we have to forget what came before and, moreover, is
               | still current today. The OSI is an organization that co-
               | opted a movement for their own business purposes... much
               | like Eric Raymond co-opted the MIT Jargon File.
        
             | pessimizer wrote:
             | The important thing to take away from those references is
             | that the term "open source" (not followed by the word
             | "code") wasn't ever used in a consistent way, and that a
             | bunch of people putting the word "open" to in front of
             | "source code" is not the same thing. Open Source is
             | something invented by and defined by the OSI, and I always
             | capitalize it to sidestep the argument.
             | 
             | If you were talking about "opening your source code," or
             | developing new versions of your product with "open source
             | code," no one would be confused, or if they were confused,
             | they'd ask a follow up. The claim isn't that "open" and
             | "source" were not words with meanings, the claim is that
             | "open source" didn't describe anything specific until OSI
             | made it. This argument is like complaining that people had
             | windows in their houses before MS Windows.
        
               | EarlKing wrote:
               | > the claim is that "open source" didn't describe
               | anything specific until OSI made it.
               | 
               | Yes, and that claim is wrong. Each of Usenet posts cited
               | in Martin Tournoij's blog make reference to open source
               | (code) in one manner or another... like this one, for
               | example: https://groups.google.com/d/msg/comp.os.linux/06
               | y4cr6wr7o/fZ...
               | 
               | Quoting from the above:
               | 
               | > The GPL and the open source code have made Linux the
               | success that it is.
               | 
               | That post is from 27 February 1993.
               | 
               | I don't think you can seriously continue claiming it
               | didn't mean anything specific.
        
           | [deleted]
        
         | jrochkind1 wrote:
         | As a developer acting on behalf of an organization using open
         | source, I benefit from being able to pay the vendor of my
         | choice to host a given piece of software.
         | 
         | If only the single-source author can host it as a service, or
         | you need the permission of the single source author to host it
         | as a service, then my choices are either self-hosting, or
         | paying whatever price the single legal-as-a-service-host wants
         | to charge, at whatever service quality they provide. (The fact
         | they can choose to allow other licensed hosts, perhaps for a
         | free if they want, does not change their monopoly control). It
         | is a form of vendor lock-in, and avoiding vendor lock-in is one
         | popular motivation for using open source.
         | 
         | So yes, this restriction makes something not open source. This
         | restriction also is not favourable to me as a user of the open
         | source software. Open source was always about avoiding monopoly
         | control of who is allowed to do what with the software.
         | Monopoly control of who is allowed to host it as a service is
         | such, and it is more favourable to me as a consumer when there
         | is not that monopoly control.
         | 
         | Now, meanwhile, there are various market battles going on
         | between various big tech cloud providers and other companies
         | providing (previously) open source software. This is also true.
         | Both things can be true.
         | 
         | For the consumer, as the OP suggests, your best bet is when
         | there is software that can be produced sustainably by _multiple
         | entities_ collaborating, instead of a single company.
         | 
         | Now, if that's not sustainable, that's a problem. It's possible
         | that open source is facing sustainability problems due to
         | current conditions.
         | 
         | But that doesn't change the fact that monopolizing legal right
         | to host software as a service is not open source, is rightly
         | not approved by OSI, and is making consumers locked in to that
         | single vendor (or their licencees), which is indeed contrary to
         | intention of open source.
        
           | kodah wrote:
           | > It is a form of vendor lock-in, and avoiding vendor lock-in
           | is one popular motivation for using open source.
           | 
           | Likely also a false one. For example, if you use WordPress
           | guess who your vendor is? WordPress. More vexing, if you use
           | Kubernetes provided by a cloud provider guess who your vendor
           | is? The cloud provider, because of all those non-free doodads
           | they put into their managed service.
           | 
           | It is possible for a company like AWS to continue to offer a
           | managed service for things like elastic, but I suspect
           | elastic wants the nature of the agreement to change; which as
           | far as I can tell we're not privy to.
        
             | jrochkind1 wrote:
             | I can pay for a hosted wordpress on BlueHost, FlyWheel,
             | GoDaddy (don't do it!), linode as a "marketplace app", and
             | many many others.
             | 
             | None of these sites need any agreement with the wordpress
             | authors at all, because wordpress is open source, anyone
             | can run it. wordpress owners can't withdraw permission to
             | offer hosted wordpress or make them pay for the right to
             | host, because it's open source.
             | 
             | if I don't like the pricing or service on wordpress.com, I
             | have many options for wordpress-as-a-service. If
             | wordpress.com is the best price/quality, it's because
             | they've done a good job, sure perhaps because they have the
             | most expertise with the software since they write it -- not
             | because they have a license that gives them a monopoly on
             | wordpress hosting.
        
               | kodah wrote:
               | My point was that the term "vendor lock-in" is loaded.
               | Your point is valid simultaneously.
               | 
               | Expanding on my point, I do think it's possible that AWS
               | can provide services that continue to make software easy
               | to run (like fully managed services). The way I see this
               | is if AWS becomes the primary contributor and the
               | dominant service provider, then the same situation you
               | described happens in reverse. I think the solution here
               | is probably about connecting the success of managed open
               | source based services on AWS to keeping the companies
               | that power them funded. If you balance contributions and
               | money, it keeps the ecosystem in a better state.
        
         | mfer wrote:
         | > As a user, I can use Elasticsearch just fine with the new
         | license. I can read the code, modify it and use in my own
         | projects.
         | 
         | This illustrates just one kind of user. And only in some
         | situations. For example, lets say Elastic.co goes under. Under
         | the license another company couldn't setup a replacement. So,
         | the end user is screwed just as if a proprietary vendor had
         | gone under.
         | 
         | What the companies behind the new licenses are attempting to do
         | is have their cake and eat it, too. They want open source for
         | all the cred and for one type of user. The want proprietary for
         | the complete control of the stack right through some types of
         | hosting situations.
         | 
         | It's hard to produce something completely open and yet monetize
         | it in way that meets VC grown desires. That's why so many
         | companies open source the common stuff but keep the special
         | sauce proprietary.
        
           | bramblerose wrote:
           | > Under the license another company couldn't setup a
           | replacement.
           | 
           | I'm confused here -- the new 'open core' is available under
           | the SSPL, which clearly allows this, as long as you provide
           | the source code of any management layers as well. The non-
           | open parts already weren't available under the Apache
           | license, so nothing has really changed there.
           | 
           | And, yes, this does mean Elastic is the only company able to
           | build proprietary components on top of the code base, which
           | means there isn't an even playing field with competitors. But
           | once Elastic goes bankrupt this is no longer an issue.
        
             | growse wrote:
             | > > Under the license another company couldn't setup a
             | replacement.
             | 
             | > I'm confused here -- the new 'open core' is available
             | under the SSPL, which clearly allows this, as long as you
             | provide the source code of any management layers as well.
             | The non-open parts already weren't available under the
             | Apache license, so nothing has really changed there.
             | 
             | This is essentially a legal "gotcha", given that
             | "management layers" is not defined anywhere. The purpose of
             | the clause is not to encourage companies to "open source
             | everything" (what does that even mean? Do they need to open
             | source their IPMI firmware?), it's to prevent anyone from
             | going anywhere near it.
             | 
             | Do elastic.co open source all the management layers in
             | their stack?
        
               | ryukafalz wrote:
               | > The purpose of the clause is not to encourage companies
               | to "open source everything" (what does that even mean? Do
               | they need to open source their IPMI firmware?), it's to
               | prevent anyone from going anywhere near it.
               | 
               | Right. To make matters worse: it doesn't just require
               | that all of the software used to run the service is open
               | source, it requires that it be released _under the SSPL_.
               | This immediately rules out using anything which you do
               | not have the legal authority to relicense. So, for
               | example, Linux.
               | 
               | Quoting the SSPL (emphasis mine):
               | 
               | > If you make the functionality of the Program or a
               | modified version available to third parties as a service,
               | you must make the Service Source Code available via
               | network download to everyone at no charge, _under the
               | terms of this License._
               | 
               | ...
               | 
               | > "Service Source Code" means the Corresponding Source
               | for the Program or the modified version, and the
               | Corresponding Source for _all programs that you use to
               | make the Program or modified version available as a
               | service_ , including, without limitation, management
               | software, user interfaces, application program
               | interfaces, automation software, monitoring software,
               | backup software, storage software and hosting software,
               | all such that a user could run an instance of the service
               | using the Service Source Code you make available.
        
         | tsimionescu wrote:
         | > I can read the code, modify it and use in my own projects.
         | 
         | That isn't clear. The license language can be read as requiring
         | you to provide the source code for any software that interacts
         | with ES (e.g., the Linux kernel that you are using to deploy ES
         | over) under the terms of the SSPL to your own users, which you
         | literally can't do.
         | 
         | Elastic claims in their FAQ that this is not the intention, and
         | that may be enough, but it is debatable. Regardless, the SSPL
         | is a bad license for having this ambiguity in the first place.
        
           | dfox wrote:
           | Similar kind of ambiguity is even in GPLv2. ie. what does
           | "anything that is normally distributed with..." in section 3
           | mean and how all that interacts with notionally GPL licensed
           | software which depends on 3rd party components with GPL-
           | incompatible licenses (on Unix-like systems the issue is
           | typically only with OpenSSL but for GPL licensed Windows-only
           | software this is giant can of worms).
           | 
           | What makes SSPL and similar freedom-0 ignoring licenses
           | problematic is that you have to care about these kinds of
           | license ambiguities even if you are just using the software.
        
         | musicale wrote:
         | > So open source means only licenses that are most favourable
         | to the big tech monopolists now?
         | 
         | The article explains its point of view in the first paragraph:
         | 
         | "I've been asked repeatedly about a two-year trend in the open
         | source ecosystem: 'single source' open source companies
         | scrapping their Open Source Initiative-approved open source
         | license for a 'source available' license."
        
         | retrac wrote:
         | The GPL family is not permissive (as the term is usually meant)
         | and is certainly FLOSS.
        
         | api wrote:
         | > So open source means only licenses that are most favourable
         | to the big tech monopolists now?
         | 
         | Open source originated in the 1980s and 1990s in largely
         | academic circles. It gained mainstream popularity as an
         | alternative to closed source "shrink wrap" software and closed
         | shareware.
         | 
         | Back then the legitimate fear was that closed-source vendors
         | would lock everyone in and end up effectively owning the entire
         | computing ecosystem and the Internet. By the mid-late 1990s
         | Microsoft was well on its way to having a total OS monopoly on
         | PCs and increasingly servers, and were it not for Linux and
         | many other projects this likely would have come to pass.
         | 
         | Good news: open source mostly won! We now have a fairly open
         | compute ecosystem. Even Windows was dragged into adopting more
         | Posix-like standards, and the Mac is just a proprietary GUI and
         | set of system services running on top of a mostly open BSD
         | kernel. It's borderline trivial to port most software between
         | Windows, Mac, BSD, and Linux, so we avoided OS lock-in!
         | 
         | Then along came the SaaS business model and closed Internet
         | silos.
         | 
         | Cloud-hosted SaaS just totally upends everything. Now open
         | source doesn't really matter from a freedom perspective. The
         | cloud has all your data, and by keeping select bits of code (or
         | even just the system configuration) secret and locked inside
         | cloud servers vendors can achieve DRM that is effectively
         | impossible to circumvent.
         | 
         | You _can 't even run the software_ yourself, and even if you
         | could your data isn't yours. Having the source is meaningless.
         | It's a model that's more closed than closed, and not only is it
         | compatible with classical open source but is actually fed and
         | sustained by it. Open source is free labor for closed cloud
         | SaaS.
         | 
         | The OSI is fully industry captured and isn't interested in
         | challenging this, which is why large projects are adopting non-
         | OSI-compliant licenses.
        
           | chc wrote:
           | I don't think your conclusion follows. Elastic effectively
           | saying "Nobody can provide our software as a service" doesn't
           | increase the openness of the overall system -- it _reduces_
           | the openness of the system in order to benefit Elastic, which
           | would like a monopoly on providing Elasticsearch as a
           | service.
        
         | vorpalhex wrote:
         | No, open source means they aren't user hostile. Contractual
         | landmines and restrictions on running the software are user
         | hostile.
        
           | dannyw wrote:
           | Amazon isn't an user. They are an exploiter.
           | 
           | Users aren't affected by any of the relicenses.
        
             | spijdar wrote:
             | How do you draw the line between "user" and "exploiter"?
             | Was there any point in the past Amazon wasn't an
             | "exploiter"? What if a user becomes an exploiter? Can an
             | exploiter become a user through repentance? Where's the
             | legal boundary?
        
               | drdeca wrote:
               | legal boundary or moral boundary? (Not that I have an
               | answer in either case, but my impression was that
               | "exploiter" was an expression of moral judgement, not a
               | legal judgement)
        
               | luckylion wrote:
               | Not OP and not really invested. You can probably replace
               | "exploiter" with provider. A user uses the software
               | directly, a provider provides it to users. Amazon can be
               | both simultaneously, they can run ES to analyze sales and
               | find out what products of third party sellers are worth
               | copying, and they can also offer ES as a service to other
               | users.
               | 
               | That kind of difference is pretty common in non-source-
               | related things, e.g. you can use the API for your
               | business, but you can't resell access to the API.
        
               | aaomidi wrote:
               | Are you able to, in your head, draw a difference between
               | Amazon and Amin running some application in their home-
               | built system?
               | 
               | That's how you draw the line.
        
           | samat wrote:
           | 1) who is the user?
           | 
           | 2) let's give some love to BSD, since GPL is hostile to my
           | intention of selling modified software
        
           | eeZah7Ux wrote:
           | This is plain false: tivoization is the best example.
        
         | heavyset_go wrote:
         | > _So open source means only licenses that are most favourable
         | to the big tech monopolists now?_
         | 
         | AGPLv3 is open source and isn't exactly favorable to tech
         | monopolists, either.
        
           | pydry wrote:
           | That's another license that gets a disproportionate level of
           | flak.
        
             | mfer wrote:
             | Big companies or those with lawyers notice that the AGPLv3
             | says the software used to make something a service must be
             | licensed under the same license. Much of that software
             | isn't something a company controls. For example, you put
             | the AGPLv3 software behind a load balancer. Does that
             | software need to be AGPLv3? Some would say so and how often
             | can a company control that license.
             | 
             | Companies with more are conservative on their risk.
             | 
             | Not a lawyer and this is not legal advice
        
               | pydry wrote:
               | >Does that software need to be AGPLv3?
               | 
               | No. It doesn't "infect" the load balancer. There's zero
               | ambiguity about this.
               | 
               | A lot of companies have bad lawyers who try to eliminate
               | rather than mitigate risk and who try to grab every scrap
               | of IP for the company. This is the kind of company you're
               | talking about.
               | 
               | This is also why many try to get you to sign away every
               | profitable idea you've ever dreamed up in the shower: a
               | combination of extreme risk aversion and flagrant greed.
               | 
               | I'd even venture as far as to say it's a feature not a
               | bug if this type of company were forced to use expensive
               | proprietary software or older, shittier versions.
        
               | ghaff wrote:
               | Yeah. The boundaries of the GPL are mostly clear because
               | they're essentially tied to Unix linking behavior. There
               | are some edge case--I know people who don't think you
               | shouldn't be able to load binary blobs for example--but
               | mostly. There doesn't seem to be the same sort of clear
               | consensus over how broadly the AGPL interacts with other
               | code on the network.
        
             | glsdfgkjsklfj wrote:
             | AGPLv3 get the exact same level of flak as GPL got. And
             | will lose (lost?) in exactly the same way.
             | 
             | GPL was the fight against device manufacturers using linux
             | et al and not giving back/selling closed source linux
             | devices.
             | 
             | We completely lost with tainted kernel and such, as they
             | corrupted the only software that they couldn't live without
             | and was promoting an open source license. Case in point:
             | you cannot build 1% of your android phone software, proving
             | GPL code (android, linux kernel) is as useless for open
             | software as MIT (ios, darwin)
             | 
             | Now the fight moved from OEM manufacturers vs GPL to cloud
             | providers vs AGPLv3. And source-available licenses are the
             | tainted-kernel compromise all over again: get the thing you
             | cannot live without but is fighting you with a pro-
             | opensource license, and offer a carrot so they change, and
             | they all changed.
             | 
             | Without the change the article talks about, cloud providers
             | would have people using the AGPLv3 code in their derivative
             | work of projectX. while they paid the closed source version
             | from the company dual licensing it. With this new
             | arrangement, they can use all derivative work at will with
             | zero consequence, for the same low price.
             | 
             | Just like tainted kernel was a hard blow in the face of
             | everyone who contributed to linux (heh, specially the GNU
             | folks porting their stuff) with open source in mind. This
             | is nothing but a greedy bait and switch on the community.
        
           | mschuetz wrote:
           | AGPLv3 doesn't solve the problem of projects being used as
           | components SaaS services, as far as I understand? So
           | companies can still use the projects just fine without the
           | need to contribute anything back.
        
             | lrem wrote:
             | https://opensource.google/docs/using/agpl-policy/
        
             | heavyset_go wrote:
             | AGPLv3 stipulates that network communication counts as
             | linking, so that putting AGPv3 software behind a SaaS
             | requires that the software's source must be made available
             | to the users of the SaaS.
             | 
             |  _edit_ : thanks to pydry for pointing out that this
             | interpretation isn't correct. It is more correct to say
             | that if a user interacts with AGPL software over the
             | network, they have a right to its source.
        
               | pydry wrote:
               | Where does it say this? Every interpretation I've ever
               | read says otherwise. E. G.
               | 
               | https://medium.com/swlh/understanding-the-agpl-the-most-
               | misu...
        
               | heavyset_go wrote:
               | From here[1]:
               | 
               | > _13. Remote Network Interaction; Use with the GNU
               | General Public License._
               | 
               | > _Notwithstanding any other provision of this License,
               | if you modify the Program, your modified version must
               | prominently offer all users interacting with it remotely
               | through a computer network (if your version supports such
               | interaction) an opportunity to receive the Corresponding
               | Source of your version by providing access to the
               | Corresponding Source from a network server at no charge,
               | through some standard or customary means of facilitating
               | copying of software._
               | 
               | I'm not a lawyer, but that's my interpretation of this
               | section.
               | 
               | Reading it again, it was wrong of me to say that network
               | communications count as linking, though. It's more
               | correct to say that if a user interacts with AGPL
               | software via network communication, then its source must
               | be made available to them.
               | 
               | [1] https://www.gnu.org/licenses/agpl-3.0.en.html
        
               | chc wrote:
               | I think the problem is just slightly wrong terminology.
               | In GPL terms, a network connection under the AGPL is
               | treated as _distribution_ , not _linking_. If it counted
               | as linking, that would mean that any software that makes
               | a network connection to an AGPL service has to be AGPL as
               | well.
        
         | armandososa wrote:
         | In spanish* we have a word: "emparejado" which means a door is
         | not open but not quite closed. It appears closed, but it's not.
         | Maybe we should use "emparejado-source" :)
         | 
         | * Maybe it's just a mexicanism, IDK.
        
           | vincent-manis wrote:
           | So in English, we can call these faux-open-source licences
           | "ajar-source"?
        
       | pkamb wrote:
       | > Open source-licensed projects with a non-profit home, *neutral
       | trademark ownership*, and multiple significant contributors are
       | less likely to face pressures to relicense.
       | 
       | What does "neutral trademark ownership" mean?
        
         | fritzo wrote:
         | Maybe "ownership by a foundation" like Apache or Linux
         | Foundation? Projects I've worked on for corporations have
         | sometimes been donated to foundations for neutral ownership.
        
           | ghaff wrote:
           | That's certainly how I would read it. Although it's not just
           | about the trademark but governance more broadly.
        
         | pwdisswordfish0 wrote:
         | Presumably something like "Linux", where although it's owned by
         | Linus Torvalds, there is no single bully organization that gets
         | to use it to the exclusion of others. So, the opposite of
         | something like Mozilla, where Mozilla Foundation owns the
         | trademark, but there's a for-profit vendor that also gets to
         | use it in exchange for kickbacks to the Mozilla Foundation, no
         | one else in the community can operate under that banner, and
         | they have to make it abundantly clear that their work is not
         | endorsed by Mozilla.
        
       | imwillofficial wrote:
       | I see this movement as a necessary evolution. Open source isn't
       | for everyone, however, source available could be.
        
       | choeger wrote:
       | These companies should come up with a practical version of the
       | AGPL or, if they don't find a need, just use it directly.
       | 
       | Cooking up your own license ala Mongo is _not_ going to help you
       | amongst the professional users. Companies that take their legal
       | obligations seriously are not going to use your not-so-open-
       | source offerings on the basis of interpreting your weird anti-
       | amazon clause.
        
         | wmf wrote:
         | Every license has to start somewhere. SSPL is intended to be a
         | practical version of the AGPL; it's not intended to be a weird
         | Mongo-only license.
        
           | [deleted]
        
       | andmarios wrote:
       | An important component that seems many people miss, is that both
       | open source and free software licenses include a business
       | model[1] in the definition: other people are free to sell
       | services for the licensed software.
       | 
       | Some people claim _I can download the software and use it for
       | free, so it is ok that Amazon should not make money out of it and
       | allow ElasticSearch to have a cloud monopoly_.
       | 
       | This sounds like Tesla selling you a car that you are allowed to
       | service yourself, but you cannot have a professional service it
       | for you except for Tesla.
       | 
       | I don't have a strong opinion towards the practice (I'm also
       | working for a company that does closed source after all), but I
       | do believe it is important to show respect to the freedoms that
       | both free software and open source try to protect.
       | 
       | [1] https://www.gnu.org/philosophy/selling.en.html
        
       | Pfhreak wrote:
       | There's a famous essay about the Tragedy of the Commons -- the
       | high level idea is that if there is a resource that is commonly
       | available for free then some users will exploit it for their own
       | gain. It originally referred to ranchers who would overuse
       | communal grazing lands, but I think the lessons apply equally
       | well to open source as well.
       | 
       | In my opinion, a healthy open source ecosystem relies on people
       | using and contributing back, supporting the distributed creators
       | that make the ecosystem possible. This historically has been
       | something of a gift economy or social contract, but it's become
       | wildly distorted by companies (e.g. Amazon/AWS) attempting to
       | overuse the commons resource and make profit from it.
       | 
       | So it comes as no surprise that when one rancher comes in and
       | overgrazes the common resource, the other participants might want
       | to make some changes in rules. These new licenses aren't "just
       | because", they come from lived experience of entities like Amazon
       | coming in an exploiting a shared resource.
       | 
       | And I get it, the letter of the law says, "Do whatever you want
       | with this shared resource". And there are plenty of folks who
       | believe that Amazon has done nothing wrong -- the rules allowed
       | for overgrazing, so naturally the right thing for Amazon to do
       | was to overgraze.
       | 
       | I personally see it differently -- Amazon is hiding behind the
       | letter of the licenses and totally distorting a community,
       | exploiting the gifts of the engineers' labor, and getting us to
       | point our fingers at one another over the "one true definition of
       | 'Open Source'" rather than constructively figuring out ways to
       | protect the community of open development and reward the
       | individual workers who volunteer their time.
        
         | x0x0 wrote:
         | I also find it befuddling that people here appear to be very
         | opposed to their dependencies monetizing. We should be in favor
         | of our deps being well monetized; we get high quality features,
         | good engineering, fast (and ideally proactive) security, etc.
         | Our eng teams are making multi-million dollar investments into
         | our dependencies and having to port away is extremely costly,
         | both in dollars and opportunity cost.
        
         | guerrilla wrote:
         | > There's a famous essay
         | 
         | An essay famously refuted by the work of the first woman to win
         | a Nobel prize in economics. She spent half her life collecting
         | evidence showing that in reality what you describe is more
         | often not what actually happens and outlining the conditions
         | (derived emperically) under which commons resource management
         | works. [1]
         | 
         | 1. https://en.m.wikipedia.org/wiki/Elinor_Ostrom#Research
        
         | 838812052807016 wrote:
         | I'm not sure the tragedy of the commons applies here since
         | there is no scarce resource. How does a big company profiting
         | from open source code hurt the open source project?
        
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