Bruce Perens, one of the authors of the Open Source definition and co-founder of the Open Source Initiative, believes that the Open Source paradigm has reached a point where open licenses do not provide adequate protection and it is time to create a revised Post-Open Source concept that will allow harmonize relations between open source software developers and commercial companies.
The GPL was originally designed only as a license, and is not a contract, i.e. aims only to provide rights, but cannot take away someone's rights. According to Perens, the new licensing model should include contractual terms, considered in accordance with the requirements of the area of law governing contractual relations. Nowadays, companies have learned to circumvent the GPL license requirements for providing unrestricted access to source code. Loopholes used to limit code availability involve imposing additional contractual terms on the end user that restrict redistribution of the open source code underlying the product.
For example, when purchasing a RHEL distribution, a client signs an agreement with Red Hat for support and receipt of updates, which limits the redistribution of data and mentions the right to terminate the agreement if the actually installed and purchased copies of RHEL do not match, which forces them to choose between freedom to dispose of the software and maintaining their Red client status Hat. The patches supplied for RHEL that eliminate vulnerabilities are applied to the GPL code and, in accordance with the license, the user has the right to distribute them, but this may be perceived as a violation of the contract with Red Hat and will be a reason to terminate the provision of services to the company. Previously, when changes were published in the CentOS repository, the community turned a blind eye to such manipulations, but after a change in the policy of providing access to the source code of RHEL packages, there was a need to revise the mechanisms of interaction between open source project developers and companies that use their work.
As part of the Post-Open Source concept, it is proposed to expand the concept of Open Source with elements that impose additional conditions on commercial use and determine the interaction between developers and corporations in terms of obtaining fair returns. Companies are asked to pay for the benefits resulting from using open source software either by participating in the development or by paying royalties that will be distributed among the direct developers. For non-commercial applications and individual users, the code will remain free and, as before, will be reduced to one license, without a contractual component.
As one of the options, it is proposed to use an annual certification (compliance), after which the company receives all rights to use the software distributed in accordance with the Post-Open Source principle. Funds transferred to obtain the permit will stimulate development. Moreover, the availability of payment will provide the opportunity not only to write code for yourself and technology-savvy specialists, but also to spend time creating convenient applications for end users, taking into account their interests.
Among the difficulties that need to be resolved in the process of implementing the proposed Post-Open Source model, the need to create an organization that will study the contribution to the development and distribute the funds received is noted. The organization must use transparent processes in its activities, and financial mechanisms suit developers.
The GPL was originally designed only as a license, and is not a contract, i.e. aims only to provide rights, but cannot take away someone's rights. According to Perens, the new licensing model should include contractual terms, considered in accordance with the requirements of the area of law governing contractual relations. Nowadays, companies have learned to circumvent the GPL license requirements for providing unrestricted access to source code. Loopholes used to limit code availability involve imposing additional contractual terms on the end user that restrict redistribution of the open source code underlying the product.
For example, when purchasing a RHEL distribution, a client signs an agreement with Red Hat for support and receipt of updates, which limits the redistribution of data and mentions the right to terminate the agreement if the actually installed and purchased copies of RHEL do not match, which forces them to choose between freedom to dispose of the software and maintaining their Red client status Hat. The patches supplied for RHEL that eliminate vulnerabilities are applied to the GPL code and, in accordance with the license, the user has the right to distribute them, but this may be perceived as a violation of the contract with Red Hat and will be a reason to terminate the provision of services to the company. Previously, when changes were published in the CentOS repository, the community turned a blind eye to such manipulations, but after a change in the policy of providing access to the source code of RHEL packages, there was a need to revise the mechanisms of interaction between open source project developers and companies that use their work.
As part of the Post-Open Source concept, it is proposed to expand the concept of Open Source with elements that impose additional conditions on commercial use and determine the interaction between developers and corporations in terms of obtaining fair returns. Companies are asked to pay for the benefits resulting from using open source software either by participating in the development or by paying royalties that will be distributed among the direct developers. For non-commercial applications and individual users, the code will remain free and, as before, will be reduced to one license, without a contractual component.
As one of the options, it is proposed to use an annual certification (compliance), after which the company receives all rights to use the software distributed in accordance with the Post-Open Source principle. Funds transferred to obtain the permit will stimulate development. Moreover, the availability of payment will provide the opportunity not only to write code for yourself and technology-savvy specialists, but also to spend time creating convenient applications for end users, taking into account their interests.
Among the difficulties that need to be resolved in the process of implementing the proposed Post-Open Source model, the need to create an organization that will study the contribution to the development and distribute the funds received is noted. The organization must use transparent processes in its activities, and financial mechanisms suit developers.
