this post was submitted on 31 Mar 2024
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I tried a couple license finders and I even looked into the OSI database but I could not find a license that works pretty much like agpl but requiring payment (combined 1% of revenue per month, spread evenly over all FOSS software, if applicable) if one of these is true:

  • the downstream user makes revenue (as in "is a company" or gets donations)
  • the downstream distributor is connected to a commercial user (e.g. to exclude google from making a non profit to circumvent this license)

I ask this because of the backdoor in xz and the obviously rotten situation in billion dollar companies not kicking their fair share back to the people providing this stuff.

So, if something similar exists, feel free to let me know.

Thanks for reading and have a good one.

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[–] [email protected] 89 points 7 months ago (12 children)

You can put up a non commercial license and write that if this is for a commercial application they can get in touch with you and you can discuss together a new license for their use case.

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[–] [email protected] 51 points 7 months ago (9 children)

Generally, a free software license has to grant the 4 freedoms to be compatible to the gpl and co.

Freedom 0 is running the program however you wish, for any purpose. Imagine if that wasnt standard for free software, and having to read every license of every program you are using to find out if you are allowed to run it!

So your funny license would sadly be incompatible with other free software. Consider dual licensing it instead, with agpl + a propriatary license for businesses that hate free software, and make them pay through the nose for it.

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[–] [email protected] 43 points 7 months ago (38 children)

If you want to sell proprietary software, why not just write and sell it? Or as others have suggested, dual license it? Hell, even the old shareware model could work for what you’ve described.

Unless you’re paying enforcers, how would you know if a corporation paid the right amount to use the code? How would your union determine distribution amounts to projects? How far upstream would payments go? How will disputes among developers be resolved?

[–] AA5B 8 points 7 months ago* (last edited 7 months ago) (2 children)

Lots of foss use dual license: free for individual or non-profit use, but pay for commercial use, or even commercial use above a specific threshold. As part of my job, I’ve had to remove several of these, where the developer thinks it’s free but the corp can’t comply with the free licensing. It works.

Here’s an extremely well known example

I still haven’t decided what kind of company mine is with respect to foss. Its a good thing that they put effort into complying with licensing terms, they do support developers making contributions back, and historically they’ve “bought” a few foss projects (hire the developer, include that in his job responsibilities)! However I haven’t yet seen them make a corporate contribution and the first response with being out of compliance is to remove the dependency.

So it’s good that we take it seriously, and good that we historically contributed, however we don’t seem to co tribute much anymore and clearly get more benefit from foss than we give back

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[–] x1gma 35 points 7 months ago* (last edited 7 months ago) (6 children)

It doesn't matter how hard you want to call it FOSS, but with this licensing terms you describe it is not FOSS, period. And to be honest, you calling out various people for not getting what FOSS is, while you fully ignore the agreed on definition by people who are actually doing FOSS is you discrediting yourself.

You haven't found a license like this, because your model is flawed: A licensing like this will disqualify you from any kind of usage in an actual FOSS licensed environment. Personal users, which will not be providing revenue, will not be really affected by this, and are irrelevant for your point. Corporate users, which you will mostly target by this new license probably won't be able to use your funky new license because they will need to check with legal, and your software will need to have a lot of USPs for someone to bother with that. A 1% corpo-richness-tax will not be approved by any kind of bigger company, because it's a ridiculous amount from the perspective of your potential customers.

You're taking yourself way to important. Open source software is not replaceable as a whole, but individual projects are. If you want to earn money with your project, that's good on you, license it accordingly, but do not try to upsell it as FOSS.

And I fully get your point, and I'm currently working on the same problem in my in-development project, and I'm not sure yet whether to dual-license it, for similar reasons you stated, and live with the consequences of providing OSS, but non-FOSS software, or do FOSS and provide it for actually free.

Edit: Also, the xz backdoor has nothing to do with funding. Any long time maintainer (as in not just a random person contributing pull requests) going rogue can happen in funded scenarios as well.

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[–] [email protected] 26 points 7 months ago (20 children)

No, there isn't and there won't be any since what your saying is absolutely against FOSS values. You are in non-commercial/commercial license territory, give a look at winrar's/unity's and the like, gpl is not for you.

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[–] [email protected] 23 points 7 months ago (1 children)

Technically those wouldn't be freedom licenses because it applies restrictions based on use and scale and profits. Such a license would be incompatible with open-source licenses and it turns it more into a source-available license. It's basically a "free for personal use" license.

This is why Elastic, MongoDB, and recently Redis are changing their licenses, to stop big companies freeloading on them for profit without contributing upstream.

Whether this is okay is a matter of opinion and there's good arguments going both ways.

Also, just as an example of how your license could be problematic: lets say AWS uses XZ compression internally for their S3 object storage service: 1% of monthly revenue would likely be millions if not billions. What does the XZ project do with this much money, and who gets it? All the contributors based on total lines of code attributed to them? What about those who disappeared or whose identity beyond their screen name is unknown? What about downstream sellers? If I sell an Ubuntu ISO on a DVD, do I now need to calculate how much I owe every project in Ubuntu?

Also of course it would automatically be incompatible with the GPL and even MIT/BSD licenses. So now if someone wants to use your software, it also can't be GPL or any other open-source licenses.

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[–] [email protected] 17 points 7 months ago* (last edited 7 months ago) (1 children)

Fauxpen source licenses such as this are the answer to the wrong question.

"Other people making money with my stuff" was never a problem in the software-freedom community. Whether this means "selling my stuff" or "using my stuff in a commercial setting" ("commercial use" restrictions are confusing in this way). In the free-software world we just accept that our work belongs to the community and the community can use it in ways we don't approve of.

(Edit: Likewise, it has never been an issue to sell copies of free software, although I should point out the very nature of software freedom makes it more difficult to guarantee a revenue stream in this way)

Rather, this is a symptom of the proprietary software world's reaction to free software and co-option of it (in the form of the open source movement). Tom Preston-Werner, founder of GitHub, opined that proprietary software companies should open source almost everything - "almost everything" being anything that does not "represent business value." In other words, open source cost centers but keep profit centers proprietary. Ideally, these companies would cooperate on widely used components (and some do!), but practically they spend as little as possible because capitalism. This is also why we see so many projects turning fauxpen source lately; these companies imagined they were developing cost centers and then realized they could be profit centers instead.

What was (and still is) a problem is people making proprietary derivatives of free software, and copyleft is the solution to that. If you want to extract license fees from proprietary software developers you can dual-license under a strong copyleft like (A)GPL for the free software community and sell proprietary licenses. Believe it or not, Stallman explicitly does not object to this - mainly because, if selling GPL exceptions to enable proprietary development is wrong, then releasing under a permissive license must also be wrong because that also enables proprietary development.

[–] [email protected] 10 points 7 months ago

I think this has been the best explanation together with the least condescending attitude in this whole thread. Thank you very much for making this easily understandable. I feel understood and can now grasp this a lot better.

If more people were like you, this world would be a much better place. You have my deepest respect.

Have a nice day.

[–] [email protected] 14 points 7 months ago (3 children)

I want to say that all this backdoor incident (s, not the first and certainly not the last) only shows how well the FOSS model works. Not only for catching it promptly before it even was released, but these attacks which require a good amount of skill and time, and therefore probably money, demonstrate that some bad actors are fearful of FOSS. Also I want to point that voluntary FOSS contributors are not exploited even if some big corp uses their software without paying anything, as long as they respect the freedoms they have to give to their users. Also many (maybe most idrk) contributions to FOSS aren't made by volunteers, but through foundations/donations models paid professionals or companies putting developer time to them (I suspect this could be the case here with the guy from Microsoft that caught it).

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[–] merthyr1831 14 points 7 months ago (5 children)

That's not FOSS. All you'll do is guarantee that no one will contribute to your project and will just wait for someone else to make their own FOSS version, or encourage corporations to write their own version in-house.

I think we're far from solutions to ensuring money from FOSS goes to contributors, but moving to licenses that enforce it at the expense of the projects themselves is naïve at best

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[–] [email protected] 11 points 7 months ago (3 children)

You may be looking for the Big Time Public Licence: http://bigtimelicense.com/

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[–] [email protected] 8 points 7 months ago (1 children)

Reminds me of this one : https://en.wikipedia.org/wiki/Beerware and the fact that some projects have dual licensing like https://www.qt.io/licensing/open-source-lgpl-obligations Not what you are asking for but I can imagine that a project can make commercial companies pay for the usage of the source code and have it free to use for non commercial purposes.

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[–] [email protected] 5 points 7 months ago (4 children)

Interesting idea. A couple questions:

How would it work if the open source maintainer is a commercial company?

AFAIK there are no restrictions on when an Open source maintainer can change their license. They can do it even after their work has already been used.

So couldn't a company like, Facebook (since they own open source React) just change their React license to this one and all of sudden start charging everyone for it? 🤔

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[–] [email protected] 5 points 7 months ago (2 children)

Isn't QT's dual licence policy basically this?

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[–] [email protected] 5 points 7 months ago (4 children)

Yeah its called an End User License Agreement.

If you pull this shit, nobody will use your application. And don't pull that double dip like Redis is doing, all you're doing is dooming your project.

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