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The Commons Clause is an existential threat to open source

drewdevault.com

151–160 of 248 posts

Re: The Commons Clause is an existential threat to open source

#151
I think that the Commons Clause is good for Open Source. There aren't many alternatives at the moment; it seems better than allowing external corporate sponsors to dictate the direction of the project.

In the case of Redis, I think that it's a really deserving project and I fully trust the integrity of the people behind it.

As someone who created a popular OSS project outside of Silicon Valley, I can relate to how difficult it is to be an outsider in this industry and I understand why Redis Labs would feel entitled to capture a tiny fraction of the enormous value that they created.

I think that if the Commons Clause is just related to optional things like plugins or addons then I honestly don't see any harm; at least the plugins/addons are still available for small companies to use for free so it's still a step up from the typical OSS freemium model where they sell the plugins.

Re: The Commons Clause is an existential threat to open source

#152

Earlier quoted context omitted.

Hi Kevin, Drew here. Thanks for sharing your thoughts. I appreciate your response, but I find it frustratingly vauge. What kinds of bad things happen to open source projects that drive them to this? If you are fearful of open source becoming more closed, why are you promoting that very approach? Did you consider promoting alternatives like AGPL first? Before I see an option violating one of the four essential freedom…

An open source project can (and some do) require copyright assignment such that there is a single owner who can re-license at will. It's a fair thing to do: would-be contributors know this is happening and can choose to not participate. I have no objection to owners taking a codebase proprietary. It doesn't change the fact that earlier versions stay open source and third parties (including the community) can still fo…

>An open source project can (and some do) require copyright assignment such that there is a single owner who can re-license at will. It's a fair thing to do: would-be contributors know this is happening and can choose to not participate.

I spoke directly to this point in my article, grep for "CLA".

>but SQLite3 has succeeded

Note that SQLite3 succeeded and is open source.

Re: The Commons Clause is an existential threat to open source

#153
post #87

Earlier quoted context omitted.

Hi Kevin, Drew here. Thanks for sharing your thoughts. I appreciate your response, but I find it frustratingly vauge. What kinds of bad things happen to open source projects that drive them to this? If you are fearful of open source becoming more closed, why are you promoting that very approach? Did you consider promoting alternatives like AGPL first? Before I see an option violating one of the four essential freedom…

The Clause was drafted as a reactionary move to solve against specific bad behavior. I'm not entirely sure it's my place to call out these actors (I'll leave that to the users of the Clause), but our job was to open up an option that isn't quite "screw this, let's go full closed source". See the commons clause FAQ for answers to your other questions: https://commonsclause.com/

No, it's not bad behavior, it's a fundamental misunderstanding of open source economic models, and a desire to have your cake and eat it too.

I will steal an argument from a friend who has been doing free software/open source for 30+ years now.

Y'all created a bunch of open source software, it became valuable. Y'all think that you should get to extract some percentage of that value, and that others being able to do it instead is "bad behavior".

But this is very very wrong, and if that is your understanding of open source, you really should say screw it, and take your ball elsewhere. Try it. See if you can create the same amount of value.

In fact, it is your attempt to "extract your share" that is the bad behavior. You cannot, in fact, have your cake and eat it too. If you and others all get to extract your "fair share", that software will cease to exist. This is not theoretical, this is what has happened every time. That is because the value exists because you made the software free. If you didn't, people would have used something else that was free and worked well enough. Also not theoretical. When i review diligence from companies as part of M&A, the vast majority (90-99%) of software is free software, not commercial software.

This paradox has existed since free/open source/etc software was created. The solution traditionally is for developers to just be happy creating cool software and making a living on it. I have rarely, if ever, seen this fail to work at the scale seen here. It certainly fails in smaller scales, but you are not solving that problem even a little.

Instead these claims of bad behavior only seem to come up when people see a billion dollar ecosystem and think they deserve 50% of it.

You are pretty much never going to get anyone worked up over that. Because they shouldn't be. Of all the injustice in this world, this doesn't even register.

Re: The Commons Clause is an existential threat to open source

#154

I think that the Commons Clause is good for Open Source. There aren't many alternatives at the moment; it seems better than allowing external corporate sponsors to dictate the direction of the project. In the case of Redis, I think that it's a really deserving project and I fully trust the integrity of the people behind it. As someone who created a popular OSS project outside of Silicon Valley, I can relate to how di…

> at least the plugins/addons are still available for small companies to use for free so it's still a step up from the typical OSS freemium model where they sell the plugins.

This doesn't allow any companies (except not for profits) to use the plugins without buying them.

Re: The Commons Clause is an existential threat to open source

#155

I wish there were more publications on how open source is really funded. Earlier Linux and BSD kernels were made by a combination of researchers, people with spare time, volunteers as well as big companies who paid people full time. We see much more of the latter. Intel has an entire OSS division in Portland, OR that writes most of the drives, works on Linux kernel patches, etc. Nintendo and Sony both use big parts o…

The public cloud changed everything. Having Amazon just extract all the value of and strip mine the commercial value of these projects without contributing anything back has left a sour taste in peoples mouths.

It made more sense when you could release a product openly and then start a business around supporting it, consulting and training and selling "enterprise" versions for serious customers. But now that's even hard to do when everyone just wants to use AWS, etc to use this software.

It's a double edged sword and we take for granted. These projects have grown and become so feature rich because of the investment in them and the ability to hire hundreds of developers to contribute full time. But then this is harvested by someone who isn't paying for it and not just a little bit - a whole lot. What will eventually happen is we won't have feature rich products that are open source in the future without a change in how we think about licensing. The Apache License is not compatible with running a business around an open source project any longer.

Re: The Commons Clause is an existential threat to open source

#156

Earlier quoted context omitted.

Can you at least change the name, to something that's not CC? It's going to be confused with Creative Commons otherwise.

That's their purpose. This entire endeavor is quite evil IMHO.

We haven't read anything about their intentions yet. Have they addressed this confusion?

Re: The Commons Clause is an existential threat to open source

#157

This argument is theological in that it's arguing against an idea, labeling it heresy. His ideal 'solution' is to just fold it all up and try to forget it ever happened. But you can't fight ideas, ideas provide solutions to problems that people have and if you want people to stop rolling their own solutions, then the orthodoxy needs to make their solutions actually work for actual people, not just the faithful. Not e…

> This argument is theological in that it's arguing against an idea

With an actual license text publicly available, this is way beyond just an idea, wouldn't you agree?

> His ideal 'solution' is to just fold it all up and try to forget it ever happened

This was not proposed as a solution to the problem(s) that Commons Clause wants to solve, problem(s) BTW that I can't see clearly articulated anywhere.

Re: The Commons Clause is an existential threat to open source

#159

Earlier quoted context omitted.

The plus sign suggests an additional right, as a dual license would offer, instead, it removes rights from the Apache license. I don't think that's an accident because judging from the website, this seems to be a very serious attempt to put a positive spin on "look but don't touch" style proprietary licensing schemes. Fuck this.

In other words, it is no longer Apache license and it is NOT ALLOWED to use Apache Software Foundation trademark Apache. Call it Indian license or what not. This is unlike GPL which allows the use of the name as long as the clauses are not restrictive.

how can extra clauses not be restrictive? I mean, if they don't add new restrictions, what do they do?

Re: The Commons Clause is an existential threat to open source

#160
post #116

Earlier quoted context omitted.

> [1] Insert private-citizens-cannot-censor distinction here beside an acknowledgment that the word is used informally with wider applicability. That's not "usage" that's wider applicability, it's accuracy. You are no less censored if your boss threatens your livelihood than if your government threatens your freedom or Twitter bans your account. Tyranny is tyranny, and censorship is censorship. No matter the cause fo…

> You are no less censored if your boss threatens your livelihood than if your government threatens your freedom or Twitter bans your account. Of course I'm less censored by my boss than by my government. My boss doesn't have a monopoly on my potential sources of income, but my government does have a monopoly on my citizenship; I simply can't move to another country without the permission of both governments. My boss…

If you're vaporized in an nuclear explosion, are you more or less dead than if you suffer an aortic dissection? No. You're still dead.

If the government threatens you with political imprisonment, are you more or less silent than if your boss threatens you with termination and legal proceedings? No. You're still unable to voice your opinion.

Don't mistake the amount of power brought to bear to coerce with the outcome of acquiescence. Dead is dead. Silent is silent.

The ideal of free speech says that restricting the flow of ideas is harmful and immoral in and of itself. Yes, we need additional protection against government tyranny. That's why it is illegal. But "it's not against the Constitution" doesn't make an action right or just. "It's not illegal according to the Constitution" is perhaps the weakest defense I can possibly think of. If that's the best thing you can say about your actions, you're not really endorsing yourself. Congratulations. You haven't done something so stupendously wrong that we wrote it down a couple hundred years ago and made everybody working in one country's government promise not to do it anymore. If we're to judge you by the strictest letter of a document explicitly intended to proscribe one government's power, you're doing great. And we just nevermind that if you were acting on behalf of the government, it would be illegal? We just ignore the ideal of free speech in lieu of a single embodiment of it?

It's like a CS student saying, "It doesn't segfault on compile. I deserve an A." Well, not segfaulting during compile is the bare minimum. Well done. You wrote a program that's syntactically valid and results in a binary output file. It might be incorrect, it might be insecure, it might be buggy, it might be incomplete, it might be less efficient than bogosort, it might perform trivial work, it might even be completely useless, but at least it does so within the basic rules of the OS!

You managed not to do something illegal. That doesn't mean you're doing something right.

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