This one is something that were brought up a lot by developers including me who are very weary about corporations profiting off of our work for free and this basically put us off from contributing to open source in general.

We get a bunch of dialogues about this such as:

Developers like me: “Many of us who create are concerned about our work being exploited. The possibility of corporations profiting from our open-source contributions without giving back to the community disincentivizes us from participating in such endeavors.”

Open-Source Advocates: “The AGPL exists to mitigate such concerns. It requires derivative works to also be open-source.”

Developers like me: “While I appreciate the intention behind AGPL, there is a loophole - a ‘condom code’ if you will. Even though Linux Kernel prevents such strategies by refusing to merge these changes and that it’s difficult for a singular corporation to force an adoption of a forked version of Linux Kernel, a corporation can fork our much smaller project however and introduce such legal bypass to the copyleft restrictions. This bypass can be justified by them under the guise of extending the software’s capabilities with a plugin interface or an interprocess communication protocol layer, similar to how PostgreSQL allows User Defined Functions. However, I must caution that I’m not well-versed in the legal intricacies.”

When bringing up on non-commercial clause for licensing

Open-Source Advocates: “Disallowing commercial use of your project contradicts the principles of open-source.”

Developers like me: “Well, then perhaps we need a new term, something like ‘Open Code Project’. We can create projects that encourage collaboration and openness while also restricting commercial exploitation.”

So I created this post, because we do need to discuss on a path forward for Open Source in general knowing that corporation can shirk around this restriction and discourage developers like me from participating in open source or open code projects.

Edited to add:

I really want to thank you all for discussing a rather contentious topic and adding your own thoughts to this. I really appreciate everyone’s thoughts into this. I clearly have a lot to do on researches.

  •  tom42   ( @tom42@beehaw.org ) 
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    31 year ago

    Historically the GPL seems to be not cermercial in the sense of taking care for developers rights. The GPL is also connected to the term Open Source. Because it was too restricted for some cases a derivation was made witj the LGPL with which it is posdible to use GPL licenced libraries easier in combination with other more restricted or more opened licenses.

    For some looking for Free Software all this was too restricted and the libre BSD license and all its derivations were made.

    There are several licenses which forbid commercial use. But where does this work? When I want to use a piece of software while working on a profitable project it is commercial use. It may be on purpose to restrict this but sometimes it is not meant to be not free.