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.
I think the biggest con with this kind of license is that it also means neither you nor the collaborators can try to make a living out of it. Such a type of license forces entirely hobby work.
The cost of maintainership of the project and the fact that it may exclude people that don’t have the privilege of being able to contribute in their free time are both things that concern me quite a bit when you remove all commercial usage.
From what I understood about the copyright law is that you could create a separate license apart from non-commercial license and you could still sell a commercial license (if all contributors agreed to it, CAA/CLA agreements been signed, or some other agreements in place.) A project can have multiple licenses. Please correct me if I’m wrong however.
Yeah, that’d be the only way to do this but it also means the project can change the license at any time. As an outside developer, I would probably not want to rely on a project where it can go fully closed source potentially at any time.
It’s also worth noting but if you have a non-commercial license, you will also be incompatible with any GPL license.
You raise a good point on that consideration.