Its-not-okay-to-pretend-youre-open-source.md (4041B)
- ---
- date: 2018-10-30
- title: It's not okay to pretend your software is open source
- layout: page
- tags: ["philosophy", "free software"]
- ---
- Unfortunately, I find myself writing about the Commons Clause again. For those
- not in the know, the Commons Clause is an addendum designed to be added to free
- software licenses. The restrictions it imposes (you cannot sell the software)
- makes the resulting franken-license nonfree. I'm not going to link to the
- project which brought this subject back into the discussion - they don't deserve
- the referral - but the continued proliferation of software using the Commons
- Clause gives me reason to speak out against it some more.
- One of my largest complaints with the Commons Clause is that it hijacks
- language used by open source projects to proliferate nonfree software, and
- encourages software using it to do the same. Instead of being a new software
- license, it tries to stick itself onto other respected licences - often the
- Apache 2.0 license. The name, "Commons Clause", is also disingenuous, hijacking
- language used by respected entities like Creative Commons. In truth, the Commons
- Clause serves to remove software from the commons[^anti]. Combining these
- problems gives you language like "Apache+Commons Clause", which is easily
- confused with [Apache Commons][apache-commons].
- [^anti]: This is why I often refer to it as the "Anti-Commons Clause", though I felt that was a bit too Stallman-esque for this article.
- [apache-commons]: http://commons.apache.org/
- Projects using the Commons Clause have also been known to describe their license
- as "permissive" or "open", some even calling their software "open source". This
- is dishonest. FOSS refers to "free and open source software". The former, free
- software, is defined by the [free software definition][fsd], published by
- [GNU][gnu]. The latter, open source software, is defined by the [open source
- definition][osd], published by the [OSI][osi]. Their definitions are very
- similar, and nearly all FOSS licenses qualify under both definitions. These are
- unambiguous, basic criteria which protects developers, contributors, and users
- of free and open source software. These definitions are so basic, important and
- well-respected that dismissing them is akin to dismissing climate change.
- [fsd]: https://www.gnu.org/philosophy/free-sw.en.html
- [gnu]: https://gnu.org
- [osd]: https://opensource.org/osd
- [osi]: https://opensource.org
- Claiming your software is open source, permissively licensed, free software,
- etc, when you use the Commons Clause, is *lying*. These lies are pervasive among
- users of the Commons Clause. The page listing [Redis
- Modules](https://redis.io/modules), for example, states that only software under
- an OSI-approved license is listed. Six of the modules there are using nonfree
- licenses, and antirez seems content to [ignore the problem][exhibit-a] until [we
- forget about it][exhibit-b]. They're in for a long wait - we're not going to
- forget about **shady, dishonest, and unethical companies like Redis Labs**.
- [exhibit-a]: https://github.com/antirez/redis-doc/pull/984
- [exhibit-b]: https://github.com/RedisLabsModules/RediSearch/issues/518
- I don't use nonfree software[^beer], but I'm not going to sit here and tell you
- not to make nonfree software. You have every right to license your work in any
- way you choose. However, if you choose not to use a FOSS license, you need to
- own up to it. Don't pretend that your software is something it's not. There are
- many benefits to being a member of the free software community, but you are not
- entitled to them if your software isn't. This behavior has to stop.
- [^beer]: Free as in freedom, not as in free beer.
- Finally, I have some praise to offer. [Dgraph](https://dgraph.io/) was briefly
- licensed under Apache plus the Commons Clause, and had the sort of misleading
- and false information this article decries on their marketing website, docs, and
- so on. However, they've rolled it back, and Dgraph is now using the Apache 2.0
- license with no modifications. Thank you!