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.

  • boothin@kbin.social
    link
    fedilink
    arrow-up
    1
    ·
    1 year ago

    MongoDB has a modified version of the AGPL that they call Server Side Public License that might interest you. Specifically the change in section 13:

    “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.

    By my reading, it closes that loophole you mention by specifically calling out interfaces and APIs as also requiring the source to be available. At the top of the page I linked there is also a PDF showing the removals and additions they made to the AGPL to end up with their SSPL.