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Re:Commons Clause by XiZhao on Tuesday August 21, 2018 @09:05PM (#17815348)
Hi folks. Kevin from http://fossa.io here. I worked on bringing the Commons Clause to life (https://commonsclause.com/) and led many of the project efforts here.

Happy to answer questions here (or on Twitter @kevinverse).

I wanted to write a blog post to set some context because the real story is a lot less salacious then "Redis just went proprietary", but here's a quick summary:

1/ No, Redis isn't proprietary. It's only some enterprise modules. The Commons Clause is mostly used to temporarily transition enterprise offering counterparts of OSS projects to source-available.

2/ OSS projects are mainly funded by some proprietary offering or service on top of it. Anything to help the ability to monetize this layer is really good, as the fate of the project is directly tied to this revenue stream. A quick reminder, companies like Redis sink 10s of millions into RnD and are usually contributing over 99% of the code to these repos.

3/ OSS-savvy companies aren't dumb. They understand the optics of any licensing announcement and carefully consider what it will mean. Before we react, we should push ourselves to understand what systems are forcing deeply passionate OSS devs to consider more proprietary options.

Re:Commons Clause by DannyBee on Tuesday August 21, 2018 @09:11PM (#17815389)
As an open source lawyer, this is definitely not an open source license in any meaningful sense (it meets no definition of open source/free software/DFSG/you name it).

No restrictions on fields of endeavor and no discrimination is a pretty basic tenent that goes back a long long time (the DFSG were published in 1997, there are other things saying the same thing that pre-date it).

I also know this is what other open source lawyers are saying as well (in fact, i haven't seen one who believes it is anything else).

I'm sure you can make up another word other than "proprietary" to call it, but ...

As for questions: The main commons clause page makes the claim "Initiated by a coalition of top infrastructure software companies to protect their rights"

Care to list them?

Additionally, even ignoring the significant vagueness in the clause, there are plenty of combinations of licenses with which this clause makes literally no sense. It seems there is no guide or policing of these. Truthfully, this all does not feel well thought out. Who actually participated in the drafting?

Here is one that exists in practice:

neo4j is commons clause + AGPLv3

AGPLv3 section 7: If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term.

...

GPLv3 is identical in this respect, and LGPLv3 is a set of permissions on top of GPLV3 that does not revoke this clause.

This seems to make commons clause incompatible with a lot of software.

Re:Commons Clause by kjeetgill on Wednesday August 22, 2018 @12:12AM (#17816235)
I think you're misreading the parent. They are not claiming that the Commons Clause is open source in any way. They're claiming that the portions being moved to the Commons Clause are not "Redis" but rather, some "enterprise modules".

> 1/ No, Redis isn't proprietary. It's only some enterprise modules. The Commons Clause is mostly used to temporarily transition enterprise offering counterparts of OSS projects to source-available.

Redis itself remains under BSD. From the article:

> The Redis core is, and always will remain, an open source BSD license. Certain modules, however, are now licensed as “Apache 2.0 modified with Commons Clause.”

I think the parent agrees with you, explicitly referring to those modules as "proprietary" and "source available".

Re:Commons Clause by icc97 on Wednesday August 22, 2018 @02:29AM (#17816770)
Yes, further from the article:

> Therefore, the no-sale restriction imposed by Commons Clause means that any software under this new license is non-open source by definition.

Re:Commons Clause by CharlesW on Tuesday August 21, 2018 @10:14PM (#17815723)
> As an open source lawyer, this is definitely not an open source license in any meaningful sense…

TFA plainly says that it isn't, "at least not by the official definition set forth by the OSD."

> I'm sure you can make up another word other than "proprietary" to call it…

TFA also answers this:

> "Applying the Clause to an open source project will transition the project to 'source-available'."

Re:Commons Clause by DannyBee on Tuesday August 21, 2018 @11:23PM (#17816034)
I was clearly replying to the claim made that this doesn't make redis proprietary. As I said, they just made up a new word for their version of proprietary.

Also, the FAQ was added after I posted. Look at GitHub commits :)

Re:Commons Clause by slavak on Wednesday August 22, 2018 @12:28AM (#17816305)
But this _doesn't_ make Redis proprietary, because Redis is and will always remain BSD-licensed, THAT is what the claim you're referring to is talking about.
Re:Commons Clause by LukeShu on Tuesday August 21, 2018 @11:31PM (#17816077)
I understood the claim as saying that redis itself isn't using the commons clause, and that it's only some enterprise redis modules that are adding the clause to their license.
Re:Commons Clause by mchahn on Tuesday August 21, 2018 @09:57PM (#17815634)
I've never heard of an open-source lawyer. I understand totally how valuable it is to litigate open-source issues, but I'm curious as to who pays for such services? Being able to pay lawyers seems unlikely for a free product.
Re:Commons Clause by ZiiS on Wednesday August 22, 2018 @02:19AM (#17816730)
10 out of 10 of the largest tech firms in the world release significant opensource software: Microsoft, Apple, Amazon, Google, Facebook, Alibaba, Intel, Oracle, Samsung and Baidu. They turnover more then $1 trillion and use many lawyers.
Re:Commons Clause by greglindahl on Wednesday August 22, 2018 @01:35AM (#17816554)
Any company that either uses open source code or releases open source code needs competent advice. Asking for such advice from a lawyer unfamiliar with open source is probably pretty expensive.
Re:Commons Clause by rectang on Wednesday August 22, 2018 @12:06AM (#17816214)
It's just a lawyer who is conversant with issues surrounding software under open source licenses.
Re:Commons Clause by theyinwhy on Wednesday August 22, 2018 @01:26AM (#17816515)
As real world application of open source licenses is rather complex (I would say: A nightmare) you definitely should consult a lawyer if you want to put sth. Open Source. Btw. it gets even more complex if you think about application under local laws of multiple countries.
Re:Commons Clause by i_have_to_speak on Tuesday August 21, 2018 @11:24PM (#17816043)
You might want to start here: https://www.softwarefreedom.org/
Re:Commons Clause by pvg on Tuesday August 21, 2018 @10:14PM (#17815722)
The FAQ at https://commonsclause.com says it was drafted by Heather Meeker.
Re:Commons Clause by DannyBee on Tuesday August 21, 2018 @11:21PM (#17816025)
(the FAQ was added after I posted)

That's worse because Heather would have certainly warned them of these issues, and it means they did it anyway.

Re:Commons Clause by pvg on Tuesday August 21, 2018 @11:50PM (#17816152)
I'm guessing she's a well-known practitioner in this field. Why would one be involved in such a thing, given it's so problematic? The whole thing seems super-confusing and half-baked.
Re:Commons Clause by DannyBee on Wednesday August 22, 2018 @12:51AM (#17816396)
Yes, Heather is very well known and very smart. She's a hired gun (with no offense meant).

She is neither good nor bad IMHO. Though depending on your viewpoint, she's lawful neutral, true neutral, or chaotic neutral :P.

She has both defended accused open source license violators and helped open source foundations defend against baseless lawsuits.

Given how long she has been doing this, I would simply not believe that she missed any of the issues I mentioned (the ambiguity, the AGPL/GPL/etc issues). She's too good to have not advised them of these issues, and in fact, also probably advised them that the kind of response you have seen in this thread is a high probability.

But like any lawyer, when she is paid to advise, she advises. What people do with that advice is up to them.

Re:Commons Clause by Boulth on Wednesday August 22, 2018 @03:24AM (#17816986)
> Given how long she has been doing this, I would simply not believe that she missed any of the issues I mentioned (the ambiguity, the AGPL/GPL/etc issues).

Agreed on that, based on just reading one of her books. I wonder why didn't they choose AGPL.

Re:Commons Clause by sciurus on Wednesday August 22, 2018 @10:50AM (#17819073)
It looks like they were using AGPL before, but now they are switching to Commons Clause. See the history of the RedisSearch license, for example.

https://github.com/RedisLabsModules/RediSearch/commits/maste...

Re:Commons Clause by Boulth on Wednesday August 22, 2018 @02:39PM (#17820869)
Yep, now I see this vague explanation on https://commonsclause.com :

> Why not AGPL?

> The AGPL was drafted in a different era where Cloud ecosystem was not nearly as well-developed. After deep legal analysis, many of the AGPL’s features were determined to be insufficient towards some of the requirements modern projects face.

> For example, much of the value for cloud-based software comes outside of the actual code (i.e. hosting) thereby nullifying many of the incentives to enforce source-availability. In addition, many of the AGPL's features can be more restrictive towards an end user that wishes to incorporate software into a new work, which makes a source-available license with additional grants more permissive.

Re:Commons Clause by pvg on Wednesday August 22, 2018 @02:54AM (#17816861)
Thanks, that makes sense. It seems like an awful lot of effort to put into such a transparent (even without the legal issues) and pointless bit of dissembling. Lots of people plainly sell open source + proprietary parts products without much fuss from anyone.
Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @01:58AM (#17816653)
> Why would one be involved in such a thing, given it's so problematic?

That is when you hire the lawyer!

Re:Commons Clause by john-mark on Saturday September 01, 2018 @12:53AM (#17890291)
There is a very bizarre story behind Neo4j Inc's behavior and what lead to them adding the commons clause to the enterprise AGPL license.

They seem to be ready to go closed source, which they should have just done in the first place instead of behaving like they did. Adding the commons clause is just the tip of the iceberg - there is a very entertaining story behind everything that is happening. A single person, not a huge corporation, is behind this.

I will write a blog post about what happened/is happening in the upcoming months - complete with supporting documents such as FOIA requests, etc.

Re:Commons Clause by kemitchell on Tuesday August 21, 2018 @10:16PM (#17815737)
The appeal to authority is to whatever authority OSI, Debian, or FSF may have, not to legal authority. Licensing lawyers often know those definitions, or at least know of them. But they're terms of branding, terms of politics, not legal terms of art, and not strong trade or service marks.

Granted, I think it's safe to say Commons Clause wouldn't meet the old definitions you mentioned, or please the people who wrote them. But I don't think it's my place, as a lawyer, to tell coders what "open source" should mean.

As for the old definitions, I've consistently overestimated how much devs care. Frankly, I've overestimated definitions focusing on license terms as a general proposition. Partly as a result, I've reassessed how I channel those projects, and my desire to belong among those invested in them, through my practice. Clients assume what I say is legally grounded. My job is to hear them and help them. Not to cite them under someone else's client's PR program, or scare them straight with the hiss of a hot "proprietary" brand.

Re:Commons Clause by DannyBee on Wednesday August 22, 2018 @01:01AM (#17816435)
Meh. We've been through this phase before.

Like anything, I do actually think it's reasonable to say "i understand the history of why things are the way they are now, but i want to see if they still should be that way"[1].

It may even be a reasonable time to see if that's the case given how much people have forgotten. It's been 20+ years since the last go around.

However, i do think ATM we will arrive at the same outcome we have in the past - after all the kerfuffles, i don't see things like the commons clause sticking. I also personally wish they would try innovative things, instead of old, tired things, but such is life.

Otherwise, yeah, i agree that pretty much no business gives a shit in the end about the licensing term difference between open source/free software/what have you.

I also agree that your job is to advise people. I do feel comfortable complaining about what they do with that advice, however ;)

[1] I don't believe most of the folks involved in this understand the history, but that's secondary.

Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @03:15AM (#17816948)
Thanks for your comment. I think we understand each other better.

I don't have great hope for Commons Clause, either, at least at the moment. But I've had a few think-throughs, and I've yet to hear from those whose views I really need to feel complete on it.

As for old, tired things, I imagine some still await their time, with a bit of adaptation. Changed circumstances and all that. But I will also hold your comment on "innovative things" in my pocket. Should the HN beast come lumbering after any more of my own little licensing experiments, I may need it!

Re:Commons Clause by rapnie on Wednesday August 22, 2018 @03:11AM (#17816932)
> I also personally wish they would try innovative things

I am all for that. Do you have examples of what you are thinking of here?

Re:Commons Clause by rectang on Wednesday August 22, 2018 @12:05AM (#17816206)
The Open Source ecosystem rests on top of the OSI definition of "Open Source". Those with an interest in preserving the meaning of "Open Source" are broad, numerous and diverse; those with an interest in subverting it to confuse "open source" with "source available" are few, and destructive.
Re:Commons Clause by dman on Wednesday August 22, 2018 @12:28AM (#17816302)
Dont think this is as cut and dry as you make it out to be. The emergence of cloud providers + hosted solutions and the ongoing disappearance of on premise computing means its increasingly hard to figure out a business model for infrastructure tech. Multiple database companies with excellent products (Rethinkdb et al) have faced significant challenges commercializing software that is open source. We need credible monetization strategies for building infrastructure level open source software. I do not fully agree with the Commons clause implementation, but I understand the need for it to exist and welcome efforts in this area.

DISCLAIMER: Views expressed in this post are my own and do not represent my employer in any way.

Re:Commons Clause by joshberkus on Wednesday August 22, 2018 @12:46PM (#17820014)
If you read the shutdown blog post for RethinkDB, licensing was not among their problems. Instead, they were market positioning, reputation, and developing products suitable for their market in a timely fashion. In other words, business execution.

Believe it or don't, no license, no matter how clever, will allow you to be financially successful if you blow the business execution.

Let's turn this on its head: what was the business plan that RedisLabs re-invented itself under? Was it a good business plan? Is is vulnerability to Amazon/MS that made it fail, or was the plan flawed from the start?

Re:Commons Clause by rectang on Wednesday August 22, 2018 @12:38AM (#17816338)
I would very much like to see those companies succeed. But when a company forces me to choose between their survival and the survival of Open Source as an institution, my choice is made.
Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @01:55AM (#17816640)
Hyperbole for hyperbole: When an institution can't respond to urgent needs, or privileges one side of a balance over the other until it tips, there is nothing you can do for it.

I've read messages on OSI's mailing list that if you have to ask how your're going to make money making open source, you're the wrong person to make open source, and ought to make proprietary software, instead.

Re:Commons Clause by dragonwriter on Wednesday August 22, 2018 @11:26AM (#17819339)
> The emergence of cloud providers + hosted solutions and the ongoing disappearance of on premise computing means its increasingly hard to figure out a business model for infrastructure tech.

The fact that open source works to the benefit of the largest providers of software-related services by commoditizing software itself is not new with the rise of the cloud as a new and popular domain of software-related services. And the source available and free non-commercial and selective commercial use, but negotiate a separate license for commercial use that we want to monopolize model is not an innovative solution to that problem, and generally isn't all that successful of a solution, especially as a switch for software which already has open source versions available that third parties can fork and commercially exploit even after the change.

Re:Commons Clause by dman on Wednesday August 22, 2018 @01:47PM (#17820466)
Licensing choices dont exist in a vacuum, they are made with a business climate in mind. I think many projects picked liberal licenses in a climate where the assumption was that you could make your money selling integration / consulting on top of the software. I think we are no longer living in that world. In this new cloudy world we need to find a way to fund the development of infrastructure software (databases / debuggers / libraries etc).
Re:Commons Clause by dragonwriter on Wednesday August 22, 2018 @02:54PM (#17820987)
> I think many projects picked liberal licenses in a climate where the assumption was that you could make your money selling integration / consulting on top of the software. I think we are no longer living in that world.

The anti-consulting provision in th Commons Clause license pretty clearly indicates that it's crafters do think that we are living in that world, and that (as numerous people have observed for at least a couple of decades) the advantage in that market with open source isn't necessarily with the developer but often with the entity with the most developed professional services organization and relationships.

> In this new cloudy world we need to find a way to fund the development of infrastructure software (databases / debuggers / libraries etc).

I don't think that's actually a problem, nor do I think that, to the extent it is a problem, the Commons Clause really addresses it in any general way. Software with such a clause ab initio simply would not get wide adoption in “the cloudy world” you refer to; what the Commons Clause aims to solve is the problem of ”how to capture revenue via technical lock-in after first building broad adoption through the attractiveness of open source when you as a development firm haven't developed the capacities that would leave you well positioned to capture associated services sales with open source”. But it doesn't seem all that likely to be successful in more than the short term, since it incorporates the main problems of classic proprietary software in the cloud domain.

Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @01:38AM (#17816571)
Some experiences of open source rest on the OSD, but not all. If your experience does, that doesn't invalidate your experience. But your experience doesn't invalidate others', either. Browbeat or excommunicate all the heretics, I think you'll find yourself preaching to a much smaller choir.

Granted: OSD, or rather the OSI-approved license list, rules in enterprise procurement at a particular and fairly common level of sophistication. At the same time, I've had conversations with sponsoring companies, prolific contributors, investment types, and others, mentioned OSD, received blank stares, explained, and then heard they don't care. Not relevant. Does not resonate. Different experiences.

I have never seen any good evidence to back your claim of a quiet OSI majority, except if you count open source consumers as an inevitable majority over open source producers, and ascribe the former to OSI. My own direct experience of open source licensing news and work has been a constant drumbeat of interest in refining and expanding licensing models. HESSLA. Fair Source. Now Commons Clause. Experiments. They're coming faster and faster.

Many of the folks advancing those proposals, like the one linked here, are also creating relevant software. From their point of view, claims that their work is "destructive" ring hollow, since they're constructing lots of code for others to use. They're especially irked by criticism in consumer-centric terms, like those of the OSD. After all, the OSD isn't a _license_ compatibility guide, but an _institutional_ compatibility list. It doesn't tell you which code you can get into an open project. By corporate handbook fiat, it tells you which code you can get into your company.

Re:Commons Clause by icebraining on Wednesday August 22, 2018 @09:51AM (#17818643)
What's the point of preaching to a larger choir, if they don't speak the same language? You're just straining your voice in vain.

HESSLA and Fair Source both clearly state they are not open source, so I don't see how they go against rectang's point; the problem is not the existence of different models, but muddling the language to conflate them with the preceding one. That's essentially an EEE attack, and it's no wonder that existing OSS developers refuse to participate in it.

Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @07:56PM (#17823328)
We invoke "open source" in many more ways and places than dry terms like "express patent license" and "copyleft license". The latter have near-zero community, marketing, or ideological meaning. They aren't the names of movements to identify with.

The push and pull between what doing open source is and what open source is supposed to mean has always gone two ways. If the status quo serves your needs, it's natural to cast "open source" as a rigorously bounded definitional category in the vein of "copyleft", and to downplay its social aspects. From a frustrated developer's point of view, it's natural to cast "open source" as a community first and foremost, and elide theory.

One point of view says, "We have this great definition to reference and rely upon, and you're trying to skim value and prestige off it." The other says, "We have all these people to celebrate and work with, and you're trying to claim their support while ignoring their needs."

Two extremes.

Re:Commons Clause by vmbrasseur on Tuesday August 21, 2018 @09:55PM (#17815624)
Hi, Kevin. VM Brasseur from https://opensource.org here. It's disappointing to see FOSSA, which claims it exists to assist companies with open source management, publish and encourage use of a clause that very clearly removes projects from the pool of open source alternatives. To do so by using the word "Commons" in the title adds insult to injury and borders on wilful deception, removing software from the commons as it does.

I encourage FOSSA to contact the Open Source Initiative, Open Tech Strategies, or another reputable free/libre and open source organisation to find a better solution to whatever problem it is that the Commons Clause is intended to address.

Re:Commons Clause by thayne on Tuesday August 21, 2018 @11:55PM (#17816166)
> whatever problem it is that the Commons Clause is intended to address

I'm pretty sure that problem is that Amazon, Google, Microsoft, and others have hosted Redis solutions, and even if they do contribute some code, they are undoubtedly making significant profit off of Redis, of which RedisLabs sees little if any. And since these companies have an oligopoly on cloud hosting, it is very difficult for RedisLabs to compete with these hosted solutions directly.

I know that Elastic has had similar issues.

I'm curious what better solutions you would have suggested would be. Clearly such solutions are not widely known among companies that produce open source software. https://opensource.org/advocacy/case_for_business.php has a couple of paragraphs on how to monetize open source projects , but maybe OSI should publish more detailed strategies, as well as case studies of what has worked for different kinds of products, and what hasn't worked.

I don't love the Commons Clause, but I do understand the prbolem it is trying to solve. Maybe, (hopefully) all this backlash will lead to a better solution for RedisLabs and similar companies.

One last note: Perfect can be the enemy of good. Apache with Commons Clause might not be as good as the Apache 2 license, but it's still better than completely proprietary with no access to source. Perhaps the Commons Clause will be used (as it seems to be with Redis) for open-core style business models, where the core is under a more open OSI-approved license, but enterprise add-ons are licensed with the Commons Clause (or perhaps dual licensed) rather than the usual propriatary only license.

Re:Commons Clause by Xylakant on Wednesday August 22, 2018 @05:45AM (#17817516)
> I know that Elastic has had similar issues

They chose a much more straightforward solution: some addons are clearly marked as commercial. No weasel words. We can debate whether the featureset of the core product vs. addons is a good one, but at least the message is clear. With this situation that redis got themselves into, the situation is much less clear.

Re:Commons Clause by thayne on Wednesday August 22, 2018 @10:35AM (#17818954)
> No weasel words.

What weasel words? They don't claim their license is FOSS. They do admit they are trying to make money. The wording of the license is a little vague, but I think the intent is pretty clear.

Re:Commons Clause by Xylakant on Wednesday August 22, 2018 @11:16AM (#17819255)
They call it “common” and “open source plus extra strings.” The extra license on the face mentions that consulting and support is no longer a viable business. I have no problem with the fact that redis labs decided to make some extended features commercial. They’re entitled to do that and I wish them well, they deserve to earn money from their hard work. I have major issues with the way they’re communicating that decision.
Re:Commons Clause by dragonwriter on Wednesday August 22, 2018 @10:55AM (#17819110)
> I'm pretty sure that problem is that Amazon, Google, Microsoft, and others have hosted Redis solutions, and even if they do contribute some code, they are undoubtedly making significant profit off of Redis, of which RedisLabs sees little if any.

I think RedisLabs is going to be disappointed if they think making certain enterprise modules proprietary going forward is going to change that dynamic in a way which positively impacts their bottom line in the long term. While, sure, if everything remains he same except big cloud vendors pay some share of their revenue to RedisLabs for the use of those modules, that will be great for RedisLabs, I don't think that's the most likely outcome: forks (especially dangerous, a dominant single community fork with support from multiple cloud vendors and a broader community of contributors than the now-proprietary first-party version) from the last open version become a threat, as does lack of uptake of the affected modules and Redis in general by downstream developers, cloud providers, and end users, with people being driven to alternative solutions to the business problem.

Re:Commons Clause by oblio on Wednesday August 22, 2018 @04:31AM (#17817230)
> I'm curious what better solutions you would have suggested would be.

Dual licensing as commercial and AGPL.

Re:Commons Clause by thayne on Wednesday August 22, 2018 @10:31AM (#17818922)
Maybe I'm missing something, but how would AGPL protect Redis from cloud providers? The competitive advantage of aws, azure, and gcp comes from the ecosystem and available hardware, not from any modification or addition to the product.
Re:Commons Clause by Nemo_bis on Thursday August 23, 2018 @08:01AM (#17826468)
And what level of integration makes an "addition to the product"? The problem is where you draw the line.
Re:Commons Clause by MrBingley on Tuesday August 21, 2018 @11:21PM (#17816026)
> However, today’s cloud providers have repeatedly violated this ethos by taking advantage of successful open source projects and repackaging them into competitive, proprietary service offerings. Cloud providers contribute very little (if anything) to those open source projects. Instead, they use their monopolistic nature to derive hundreds of millions dollars in revenues from them. Already, this behavior has damaged open source communities and put some of the companies that support them out of business.

The issue is that large companies can free-load off open source projects and make millions while contributing nothing back to the developers. The OSI has certainly known of this problem since its founding in the late 90s, and as far as I can tell has no intention of helping solve it. For example, most recently Kyle Mitchel developed License Zero [0] as a way for open source developers to make money from their work, and presented it to the OSI for approval. It was rejected. Here is one of the comments from Bruce Perens [1].

> > What does an economically viable open source look like?

> My usual answer for this is that if you have to ask how you're going to make money, you're the wrong person to make Open Source. Nowhere in the mission of OSI is any mandate to provide authors with a viable business method.

[0] https://licensezero.com/

[1] http://lists.opensource.org/pipermail/license-review_lists.o...

Re:Commons Clause by gav on Wednesday August 22, 2018 @01:15AM (#17816482)
> The issue is that large companies can free-load off open source projects and make millions while contributing nothing back to the developers.

This is far from true in the case of Redis. Salvatore worked for VMware from 2010-2013 and Pivotal from 2013-2015. It was funded by these "large companies" that you speak of.

Re:Commons Clause by sonarlunar on Wednesday August 22, 2018 @03:16AM (#17816949)
Redis was not funded by those companies. Salvatore was sponsored to work on his own project they had a business need for. All copyright and trademarks belonged and still belong to Salvatore, according to redis.io

To my understanding, this was a sponsorship, ie a support contract to debug and improve an open source product VMware and Pivotal (same people, different name) were using and depending upon for their products.

AWS, on the other hand... With Elasticsearch and Redis... ;-)

Re:Commons Clause by detaro on Wednesday August 22, 2018 @07:14AM (#17817838)
How is "paying the creator money to work on it" not "funding a project"?
Re:Commons Clause by sonarlunar on Wednesday August 22, 2018 @07:50AM (#17818000)
Well in that case, we are all funding Jeff Bezos and he owes us.
Re:Commons Clause by Vinnl on Wednesday August 22, 2018 @03:39AM (#17817035)
> The issue is that large companies can free-load off open source projects and make millions while contributing nothing back to the developers.

That by itself is not necessarily a problem. There's lots of people using open source software without contributing back, and lots of open source contributors completely fine with it.

The problem, the one that Commons Clause appears to try to solve, is when the "freeloading" companies also threaten the viability of the company supporting the project. For example, if a project is developed by a company financing itself through providing commercial support for that project, then that only works if that company is the main player that companies in need of commercial support would go through (e.g. Canonical, Red Hat).

Re:Commons Clause by tannhaeuser on Wednesday August 22, 2018 @01:53AM (#17816627)
Agree. There's a place for a commercial open-source license that can hold up in court, and OSI should consider it. Ignoring the economic realities (cloud providers making all the money, and projects starving off, or getting pittances) is hardly a solution.
Re:Commons Clause by rurban on Thursday August 23, 2018 @04:48PM (#17830593)
That's what the GPLv3 is for. It's also the most widely used open source license nowadays.
Re:Commons Clause by joshberkus on Wednesday August 22, 2018 @12:19PM (#17819811)
Josh Berkus, member of the OSI license review committee here.

License Zero was rejected because it's not open source. It is, in fact, a business model for a specific startup (and, I'd argue, not for the writers of the code either).

Kyle had some other interesting ideas for licensing that could have been approved as open source, but was uninterested in pursuing them if they didn't support License Zero the business.

Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @02:07PM (#17820589)
Howdy, Josh.

The last draft of License Zero Reciprocal posted to license-review works perfectly well on its own, without any dual licensing, and without any relationship to the business I formed. Its language wasn't any more coupled to a particular business model, or any business model at all, than AGPL's. If someone told you otherwise, they told you wrong.

I released the source code for licensezero.com itself under a successor to L0-R, without offering to sell any private licenses whatsoever. Anyone could use the terms similarly.

"License Zero was rejected because it's not open source" is tautological. And, alas, that's mostly in line with my experience of the license-review process. Some great folks offered back-and-forth, and were willing to explore. But that was largely drowned out by bare conclusions, and the drama that flared up whenever I tried to probe them.

Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @02:01AM (#17816663)
Thank you for the mention. I'm not surprised to see it, though I resolved not to post myself, so that conversation could focus on Commons Clause.
Re:Commons Clause by eloff on Wednesday August 22, 2018 @01:15AM (#17816479)
Is clearly intended to address the problem of how to build a viable business around open source software. Something open source doesn't address. Having a profitable company driving the development of an open source project is not a hard requirement, but it almost is. The difference is night and day in results. Any puritan approach that considers only the open source ideals, is quite frankly out of touch with reality. So I wish good luck to these guys.
Re:Commons Clause by vmbrasseur on Wednesday August 22, 2018 @01:32AM (#17816535)
Open source has no place addressing the question of business model, as open source is about what people can do with the SOFTWARE. It removes the barriers to creating a business around that software, and that's where its concerns with business stop (and always have). It's up to the owners of that business to learn how to RUN a business.

In summary: "Open source" is not a business model and is not concerned with them. For information and guidance on business models, check with Harvard Business Review, MIT Sloan, and other reputable business publications.

Re:Commons Clause by eloff on Wednesday August 22, 2018 @09:53AM (#17818656)
That's a regrettable attitude, because if open-source cannot address how it integrates as part of a profitable business, people will move away from open-source towards source-visible proprietary licenses. Like you're seeing here. It's in the best interests of the whole open-source community to take a proactive approach here and actually address the problems.

Specifically the problem of multi-billion dollar companies profiting from open-source software without giving anything back in a parasitic relationship.

Nothing exists in isolation, and open-source isn't a magical exception to that.

Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @02:07AM (#17816693)
License terms and business models intertwine. Choose Apache 2.0, you're going to have a hard time dual licensing. Choose something stronger, like AGPLv3, you'll have an easier time. Choose something even stronger, you may get locked in long Internet debates about whether it's still "open source".
Re:Commons Clause by tannhaeuser on Wednesday August 22, 2018 @02:05AM (#17816688)
Whose interests does OSI want to represent? Those of developers, or those who want to use other's work? What's gained by advocating Free and Open Source as if it were a goal in itself, and dismiss other licenses as not "OSI- approved"?
Re:Commons Clause by icebraining on Wednesday August 22, 2018 @10:04AM (#17818726)
What's gained by advocating Free and Open Source as if it were a goal in itself, and dismiss other licenses as not "OSI- approved"?

The same that is gained by not selling cat meat labelled as hare. Clear concepts protect everyone, both developers and users. Muddling them only helps scammers. New models are great - as long as it's clear that they're new.

Re:Commons Clause by bastawhiz on Tuesday August 21, 2018 @10:48PM (#17815870)
What efforts has your organization made to prevent software companies from selling "Hosted [open source project] as a Service (with a proprietary twist)" offerings while not contributing back to the OSS core project's development?

Edit: Or rather, incentivized contributions, or disincentivized a lack of contribution

Re:Commons Clause by vmbrasseur on Tuesday August 21, 2018 @11:01PM (#17815938)
Arguably the largest users of Redis—Amazon, Google, and Microsoft—are all among the many sponsors of the Open Source Initiative and each make immense contributions to free and open source software.

Redis Labs is not a sponsor (but is welcome to become one). Despite that, had they come to OSI looking for assistance with this issue we could have helped open discussions between them and their largest users. They did not ask us for help, to the best of my knowledge. Redis Labs' post does not mention what, if any, attempts they made to engage these large users and encourage more contributions before they made the decision to put this software under a proprietary license, and only implies that a lack of contributions was the motivator for the move.

Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @02:37AM (#17816804)
You start your career later than your siblings. You land your first real job. You scrimp and save to buy your first real set of Christmas presents. Comes the day, and everyone seems grateful. You feel established, for a moment. The others exchange presents, but oddly, not with you. In the end, your hands are empty. Everyone else is okay with this. They make out great.

Giving OSI money isn't giving Redis Labs money. I don't imagine OSI will be sending any of that money Redis Labs' way. On the other hand, OSI's activities will benefit its sponsors. One way: by constraining approved terms to licenses, like ancient permissive licenses, with poor upstart-business potential, but all the permission grants established enterprises require to mulch the remains of dead startups that result.

I'd be willing to bet Redis Labs is contemplating return to ash pretty seriously these days.

More contributions will not solve the problem. They may defer RL's trip into liquidation, but at the expense of a quicker boot out of the top spot on their own project. That, in turn, bodes ill for acquisition. Even if outsiders reduce maintenance and development cost to $0, that's savings, not earnings or recoupment.

Re:Commons Clause by joshberkus on Wednesday August 22, 2018 @01:10PM (#17820182)
Why should the success or failure of VC-funded startups be a concern for open source?

If Redis Labs folds, that's sad for them and I'm sure I'll end up writing some references for people.

But it's only a concern for open source if Redis stops being maintained as a result. Which I seriously doubt would happen; Salvatore built Redis before Redis Labs existed, and I'm sure would land a job at one of those "established enterprises" if they fold.

Maybe we should be more focused on how the VC-funded startup model is actually reinforcing the power of established players, instead of messing around with licenses?

Re:Commons Clause by kemitchell on Wednesday August 22, 2018 @02:37PM (#17820856)
For the same reason that the success or failure of other companies doing open source should be of concern. Company funding and structure get a lot of open source made. Industry involvement supercharged the open source community. But if it won't make money, industry won't do it. Industry will decide whether to do it based on past performances.

VC-funded startups produce a substantial amount of open source. If what we see at the tail end of this funding boom is a bunch of startups doing open source fail structurally, rather than merely by falling short of numbers, VCs will notice. There will be less funding for startups on any kind of open source model. And therefore less open source.

When we look at projects and define success only in terms of project continuity, and not individual outcomes, we dodge the question of why folks should get involved in the first place. Some baseline motivation will always be there from the bottom, from hobbyists, activists, and the obsessed, and the top, where enterprises use open source for cost reduction and cost sharing. Whether anyone shows up in the middle has a huge effect on what open source achieves, as a movement. And to what extent open source represents a viable opportunity to proprietary products and services.

Re:Commons Clause by tomnipotent on Tuesday August 21, 2018 @09:56PM (#17815628)
> "including without limitation fees for hosting or consulting/ support services related to the Software"

This single line completely destroys any confidence I have in Commons Clause. I will avoid any project with this license moving forward until this is fixed. It's embarrassing that I'm being told that the time & energy I've invested in deploying this software (redis in particular) will now be rewarded with the inability to commoditize that experience through consulting. No thanks.

Re:Commons Clause by scj on Tuesday August 21, 2018 @11:00PM (#17815934)
Why would I invest, or encourage clients to invest, in a technology that has a support monopoly?
Re:Commons Clause by peterwwillis on Wednesday August 22, 2018 @11:55AM (#17819589)
This is a good question. Most proprietary software companies allow other companies to charge for support of the software. This seems like they're a service provider too, and want to stifle competition. Like if Google made it illegal to charge for services in setting up a private kubernetes install for a company.
Re:Commons Clause by slavak on Wednesday August 22, 2018 @12:43AM (#17816360)
To be clear, this license does not (and, according to the post, never will) apply to regular Redis deployments, so from that angle at least you're clear. Currently it only applies to certain Redis modules, which need to be deployed separately anyway.

I'm also a bit unclear on whether this would prevent you from selling consulting services for products licensed under this clause that the paying customer deployed themselves or were deployed by someone other than you.

Full disclosure: Am a Redis Labs employee, although not here in any official capacity.

Re:Commons Clause by tomnipotent on Wednesday August 22, 2018 @01:37AM (#17816566)
Appreciate the clarification. The entire paragraph "Redis is an example" should to be deleted from this post to remove confusion.

> Consequently, we decided to add Commons Clause to certain components of open source Redis

Are these components distributed with open source redis core that I can download & compile from @antirez/redis? This whole bit is confusing an doesn't answer what components are covered and in what distributions e.g. source vs. packaged.

If there's anything we should have learned from the React licensing fiasco, it's that the open source community doesn't screw around when it comes to the critical software systems we've adopted on the good faith of the licenses they included.

Re:Commons Clause by slavak on Wednesday August 22, 2018 @02:36AM (#17816800)
No, nothing you obtain from the antirez/redis repo will come with this restriction clause, and you are free to continue using it under the terms of the vanilla BSD license.

The new clause is mainly used for some of the add-on Redis modules developed by Redis Labs (https://github.com/RedisLabsModules), all of which you would need to pull in manually and intentionally.

I totally get the confusion. The good news is that, at least as far as I can see, you should never find yourself accidentally pulling in something without meaning to that brings along this restriction clause.

Re:Commons Clause by XiZhao on Wednesday August 22, 2018 @01:31AM (#17816532)
That’s okay, but I think there’s two parts you might be missing. 1/ the Commons Clause doesnt apply to retroactive versions and in this case is not applied to Redis core. 2/ The Commons Clause isn’t meant for everyone. In the world of open source, sometimes projects can stay open, and sometimes they can’t. For projects that can’t, sometimes it’s because people do bad things that are disguised as Services but in reality add little value other than resell.
Re:Commons Clause by bigiain on Wednesday August 22, 2018 @02:53AM (#17816853)
Thanks. That clarifies that I should 1/ immediately stop deploying new projects using redis, but 2/ I've probably got breathing space to still charge consulting fees for existing projects while I work out which of your competitors to migrate to.
Re:Commons Clause by toomuchtodo on Tuesday August 21, 2018 @10:29PM (#17815799)
> It's embarrassing that I'm being told that the time & energy I've invested in deploying this software (redis in particular) will now be rewarded with the inability to commoditize that experience through consulting. No thanks.

Can you explain the thought process with regards to why it's okay for you to receive compensation for your efforts, but not the OSS developer who invested significantly more time (nine years, in the case of Redis) in creating the product?

What will you do as a technology practitioner if more projects move to this model to provide some semblance of financial support for their devs? Write your own RDBMS? Your own in-memory caches? I won't discount these paths as impossible, but it increases your costs and time to market significantly.

Standing on the shoulder of giants is both efficient and convenient when building your product/stack by bolting together existing tooling (what products aren't using Redis/Memcached, MySQL/MariaDB/Postgresql, ElasticSearch, etc), but it should have a cost; those shoulders aren't free, and it's not reasonable that those enjoying easy revenue (AWS, for example) by providing managed services with these tools don't have to share that revenue. You can't freeload forever.

Re:Commons Clause by pulisse on Tuesday August 21, 2018 @11:15PM (#17815995)
> Can you explain the thought process with regards to why it's okay for you to receive compensation for your efforts, but not the OSS developer who invested significantly more time (nine years, in the case of Redis) in creating the product?

The consultant isn't selling the product; they're selling a complement to the product: knowledge of how to use the product effectively in the client's circumstances. But complementary goods don't substitute for each other. Paying a consultant for Redis expertise doesn't buy you the functionality of Redis itself.

So if Redislabs deserves to be the only Redis consultancy in existence, the argument has to be that not only do they deserve the exclusive right to profit from the sale of their intellectual property, they also deserve an exclusive right to profit from other people's expertise with their product. But why should anyone accept that?

They might be within their legal rights to impose such a condition in a license (IANAL), but there's not a strong ethical justification for the position.

Re:Commons Clause by toomuchtodo on Tuesday August 21, 2018 @11:23PM (#17816038)
I agree that their approach to restricting consulting is...unconventional, but I support their legal right to do so. Their code, their rules.
Re:Commons Clause by unimpressive on Tuesday August 21, 2018 @11:28PM (#17816062)
This attitude is how you get silliness like the idea that I can be prevented from reverse engineering software by an impersonal EULA. It's blanket permission to erode the rights of people who are in practice forced to comply with toxic aspects of an ecosystem. "You have the right to create your own operating system" is not a take that would be supported by any serious analysis seeking fairness for both parties.
Re:Commons Clause by toomuchtodo on Tuesday August 21, 2018 @11:35PM (#17816094)
> This attitude is how you get silliness like the idea that I can be prevented from reverse engineering software by an impersonal EULA. It's blanket permission to erode the rights of people who are in practice forced to comply with toxic aspects of an ecosystem.

Your issue is not with my attitude, it is with copyright law and property rights. Someone's right to license their software any way they see fit is not "toxic". You take issue to an erosion of rights that do not exist, and your participation in an ecosystem is voluntary. At it's core, you are demanding the ability to govern your use of property that is not yours.

EDIT: I don't believe the law to be unjust as to how it relates to copyright, code ownership, and licensing. We've reached an impasse.

Re:Commons Clause by unimpressive on Tuesday August 21, 2018 @11:36PM (#17816099)
Laws reflect attitudes, supporting unjust laws with your opinion sustains them. So yes, my issue is with your attitude.

EDIT: Since you've edited your comment to elaborate I'll respond in kind:

If by default I have the legal right to reverse engineer your software, and you can strip this from me with a 'contract' that amounts to a checkbox with text that nobody reads and therefore has no marginal cost to add enforceable boilerplate to, that is a basic perversion of the intent of contract law. Contract laws start from the premise that a contract should protect both parties. One sided contracts are in general antithetical to the goals of contract law:

https://www.legalmatch.com/law-library/article/what-is-an-un...

A boilerplate click through disclaimer should not be able to prevent me from taking actions that the vendor finds inconvenient but are otherwise legal and nonviolent.

EDIT 2: To clarify, the portion cited as an "edit" above:

"EDIT: I don't believe the law to be unjust as to how it relates to copyright, code ownership, and licensing. We've reached an impasse. "

Was not the full extent of editing of the parent comment, which had significant text added between me replying and its present state.

Re:Commons Clause by jen20 on Tuesday August 21, 2018 @11:05PM (#17815955)
Not even dark-ages Microsoft tried to prevent users exchanging knowledge about their products for money ("consulting", or frankly, "employment").

Such a suggestion is preposterous and should kill any company adopting it immediately.

Re:Commons Clause by toomuchtodo on Tuesday August 21, 2018 @11:09PM (#17815977)
At it's core, this is fundamentally about property rights. The owners of the Redis copyright are well within their right to license their property in any way they see fit. It's preposterous to you, but you're not the one who has spent the time creating Redis. It's preposterous to me that they wouldn't have the rights to govern their creation's use.

You could go build your own infrastructure software, of course, that is a valid path forward. But will it be of the same quality at the same (or similar) cost? Most likely not. Will someone provide an alternative to Redis out of disdain for this? Probably. But it will take years, if not longer, to reach feature, stability, and therefore market parity.

And in the interim, cloud providers will pay or have to front the costs to build their own. And that's what this is all about: internalizing the externality of providers getting a free ride.

Re:Commons Clause by quanticle on Tuesday August 21, 2018 @11:25PM (#17816047)
>At it's core, this is fundamentally about property rights. The owners of the Redis copyright are well within their right to license their property in any way they see fit.

They absolutely are. And I'm free to say that their license is ridiculous and do my best to warn others about the potential pitfalls of their license.

>You could go build your own infrastructure software, of course, that is a valid path forward. But will it be of the same quality at the same (or similar) cost?

Maybe, maybe not. But it doesn't matter. If Redis continues down this path, then enough developers are going to stop using Redis that any free alternative, even though it might start off weaker, will quickly become the superior option. Look at MySQL vs. MariaDB. Or OpenOffice vs. LibreOffice. In both cases, Oracle (no coincidence that it's Oracle in both cases) took over a very popular, well established open source project and engaged in license shenanigans. In both cases, the community rebelled, forked the project, and the fork quickly superseded its parent.

>Will someone provide an alternative to Redis out of disdain for this? Probably. But it will take years, if not longer, to reach feature, stability, and therefore market parity.

Not true. You have to remember that the new license only applies to Redis going forward. I'm free to take my copy of the old Redis codebase, fork it into something, say, NuCache, and hack on that to try to keep up with and surpass Redis. That's exactly what happened with the OpenOffice/LibreOffice fork. That's exactly what happened with MySQL/MariaDB fork. And if redis continues with its ill-advised policy, that's what will happen here.

Re:Commons Clause by slavak on Wednesday August 22, 2018 @12:51AM (#17816395)
> Not true. You have to remember that the new license only applies to Redis going forward.

At the risk of repeating myself all over this thread, I feel the need to emphasize that the new license does _not_ apply to Redis proper, which, in the words of the post, "is, and always will remain, an open source BSD license."

Full disclosure: Am a Redis Labs employee, although not here in any official capacity.

Re:Commons Clause by bigiain on Wednesday August 22, 2018 @03:06AM (#17816913)
Sure. The same argument applies to the "enterprise modules", which until today everybody assumed would always remain under an open source BSD license.

Your boss has bait-and-switched once now. That's enough for everybody who cares to start risk managing future similar behaviour.

Re:Commons Clause by ragall on Wednesday August 22, 2018 @11:29AM (#17819388)
I'm very curious to see if this stands in court, since "consulting" can be considered similar to repairing and there are laws in many countries that restrict a manufacturer's right to limit repairs and who performs them.
Re:Commons Clause by toomuchtodo on Tuesday August 21, 2018 @11:29PM (#17816064)
> Not true. You have to remember that the new license only applies to Redis going forward. I'm free to take my copy of the old Redis codebase, fork it into something, say, NuCache, and hack on that to try to keep up with and surpass Redis.

True! But that means today's Redis is in maintenance mode, with all new commercially-relevant features covered under the new license.

Re:Commons Clause by quanticle on Tuesday August 21, 2018 @11:42PM (#17816121)
True, but that assumes that Redis is the only one capable of coming up with commercially relevant features. If the community fork of Redis gets commercially relevant features, then Redis will have to do work to re-implement them.

Moreover, that assumes that said commercially relevant features are compelling enough for people to upgrade from the unencumbered version of redis that they have to the encumbered version.

Re:Commons Clause by toomuchtodo on Tuesday August 21, 2018 @11:48PM (#17816144)
This seems like a superior alternative than allowing cloud providers the ability to generate revenue with your product that you receive no portion of. If you're already substantially "losing", there is no harm in doubling down. RedisLabs has nothing to lose by doing this other than people moving to another solution that someone else will need to expend resources and time to develop.

Monetization shouldn't be a four letter word. People need to pay their rent and eat.

Re:Commons Clause by ubernostrum on Wednesday August 22, 2018 @12:08AM (#17816221)
I've made some contributions to Django over the years. Some code, a decent amount of documentation, and I like to think I've been useful in bureaucratic roles (I was the release manager for a while, I sit on the security team and technical board, I serve on the board of its sponsoring nonprofit, etc.). Along the way, I've picked up pretty extensive knowledge of Django, inside and out. And I've certainly made money as a result of that!

But I can't imagine sitting down one day thinking "you know, nobody else should be allowed to do what I did". It's a big world with a lot of potential clients and employers out there. There's room for anyone who wants to get good with Django to put that knowledge to use to make a living, and I don't see any justification for trying to stop them.

If this were the standard sort of "we trademarked the name, and you can't use it as the name of your product" that a lot of larger open-source projects do (including Django, FWIW), I'd be more sympathetic. But trying to forbid people offering consulting or hosted "I set it it up for you" type services? That's a massive grab of other people's knowledge and labor, and I can't support it even a little tiny bit.

Re:Commons Clause by tomnipotent on Wednesday August 22, 2018 @12:12AM (#17816239)
Redis Lab neither created, popularized, or own the copyright to redis. Antirez and the open source community that embraced it are responsible for it becoming a household name it is in the IT community.

And now that the open source community has done all the hard work of making libraries available in every language, fighting to get it adopted within our organizations, recommending it to our friends & peers, writing blog posts & tutorials, evangelizing it to our clients, and creating so much demand that AWS & GC both offer it, suddenly this company with ZERO responsibility for its success now wants to try and profit from an ecosystem it had no hand it creating.

I'm more than happy to pay for good commercial software that helps me run my business and have happily spent many tens of millions over the years doing so. But I'm not going to tolerate this bait-and-switch bullshit from a company that's trying to pretend it invented redis just because it employs antirez.

Re:Commons Clause by jen20 on Wednesday August 22, 2018 @04:44PM (#17822000)
The license doesn't just talk about the software - it tries to restrict the sale of knowledge about it (in the form of consulting) too.

That makes it the most overreaching of any software license I have ever encountered, including those from Oracle.

Re:Commons Clause by mdpopescu on Wednesday August 22, 2018 @01:58AM (#17816651)
> At it's core, this is fundamentally about property rights

Imaginary property has nothing to do with property rights. Those are about real property.

Re:Commons Clause by eropple on Wednesday August 22, 2018 @02:18PM (#17820682)
Man, you are a smart guy. I know this, your posts are generally awesome. How in the hell do you think it's okay for them to try to ban consulting about a product? That isn't "property rights", that's just...fuckery.
Re:Commons Clause by toomuchtodo on Wednesday August 22, 2018 @03:07PM (#17821107)
I made several comments without fully understanding the situation. I regret making those comments, but I don't regret my comments from being permanent now. When I'm wrong, I'm wrong.

I know someone who have had their life ruined by having their projects monetized out from beneath them by others; there is emotion behind those comments that shouldn't have been there. It happens to the best of us. I apologize for disappointing, and understand if I've lost your respect.

Re:Commons Clause by eropple on Thursday August 23, 2018 @12:53AM (#17824684)
Nah, dude, everybody's mistaken sometimes. I shoot off half-cocked all the time. I just wanted to make sure we were all on the same page. =)
Re:Commons Clause by tomnipotent on Tuesday August 21, 2018 @11:54PM (#17816161)
Redis core is almost exclusively written by Salvatore. Redis Labs itself was just a consultancy that monetized this work and eventually hired him on full-time many years later.

So if this license had existed from the beginning, Redis Labs wouldn't exist. See the problem?

Re:Commons Clause by phyller on Wednesday August 22, 2018 @12:56AM (#17816418)
I don't understand this entire argument. Someone developed open source, free to use software, then didn't understand why people should expect to use it without paying for it. It's totally fine to make proprietary software, just call it that. If you expected to get paid, sell it, fine. And make it clear that it is not free. That's what is happening here, good. But wrapping it in a rhetoric of protecting open source code doesn't make sense. Maybe the common perception of what open source code is wrong in the general public. I'm definitely not a lawyer, I do respect licenses, but I guess I thought open source meant free to use, when maybe it can be interpreted, "free to see, maybe pay to use". With a free trial version for students and hobbyists.
Re:Commons Clause by mindcrime on Tuesday August 21, 2018 @10:07PM (#17815691)
I worked on bringing the Commons Clause to life

Why would you intentionally give birth to such an abomination? This adds no value to the world whatsoever and is just going to confuse people and harm the overall Open Source ecosystem. I'd encourage you to retract this whole idea, stuff it in a hole, "salt and burn it" and try to pretend this whole thing never happened.

If you care about putting pressure on Cloud providers vis-a-vis use of F/OSS, there is always the tried and true "AGPL or commercial license" combination. Why not just use that?

Re:Commons Clause by XiZhao on Wednesday August 22, 2018 @02:04AM (#17816679)
As addressed in the FAQ, AGPL doesn't satisfy many requirements -- one of which is that it's often too restrictive in the wrong ways. If not the Commons Clause, a very viable "v2" is just to draft a more cohesive source-available license, or in the worst case move the project to closed source.
Re:Commons Clause by mindcrime on Wednesday August 22, 2018 @09:03AM (#17818386)
Using the "Commons Clause" is already effectively making it closed source... at best that's equivalent to "Source Available". Just use the MS Commons Research License or whatever it was called. This "OSS License + garbage extensions" stuff is nonsense.
Re:Commons Clause by sriku on Tuesday August 21, 2018 @10:49PM (#17815878)
Why would a dual "non commercial" and "commercial" license not solve the problem this is claiming to address. Many OSS projects do this now. There is nothing wrong with wanting to be compensated for one's work, but without saying how, what are those who adopt the software expected to do?

Let's say the Apache Foundation adopts this for all of its projects. Now what?

Re:Commons Clause by ShaneCurcuru on Monday August 27, 2018 @09:15AM (#17851277)
Just to address the last sentence: the Apache Software Foundation would never adopt Commons Clause. It's antithetical to the ASF's entire licensing strategy, which is to give stuff away for the public good, with as few restrictions on users and redistribution as is legally practical.

Personally, people can use whatever license they want for their copyrighted works; that's cool. But the other important issue is: don't call it the "Apache-whatever license", because it is NOT the #Apache-2.0 license. Call it the "Redis License" or whatever else you want, just don't bring the ASF's name into it.

Re:Commons Clause by Canada on Wednesday August 22, 2018 @12:44AM (#17816363)
All of the Apache's Foundations popular projects would be forked.
Re:Commons Clause by XiZhao on Wednesday August 22, 2018 @01:35AM (#17816557)
I think this is close, but adds the feature of source availability. I’m the first to admit the Commons Clause bolt-on feature isn’t the most elegant. But, if it’s a bad solution, then people can fork it, and that’s okay. I hope we do, and then find a middle ground that works better for everyone.

In the longer run, there will need to be a happy middle ground for people to

Re:Commons Clause by le-mark on Tuesday August 21, 2018 @09:58PM (#17815639)
we should push ourselves to understand what systems are forcing ---companies that monetize the work of--- deeply passionate OSS devs to consider more proprietary options.

Fixed it for you. I'm waiting to read antirez comments.

Re:Commons Clause by joshberkus on Wednesday August 22, 2018 @12:02PM (#17819661)
Kevin,

If the goal is to monetize the Redis Labs modules, why not just put them under straightforwards proprietary licenses? This is a well-trodden and well-understood path.

This Commons Clause combines the twin mistakes of being both offensive and ineffective. It will get Redis pulled out of many OSS repositories, decreasing your distribution and mindshare. At the same time, I can see Amazon and Microsoft lawyers laughing at it now; it will do zero to prevent them from building their own cloud offerings.

I really have to wonder about the quality of advice that FOSSA is providing to its clients if it went ahead with this. You say 'OSS-savvy companies aren't dumb' but it seems like the consultants of FOSSA are, or they are counting on everyone else in the industry being gullible.

(and before you play the "consider the poor OSS developer" on me, I worked on Postgres for 18 years, and we never pulled this kind of nonsense)

Re:Commons Clause by joshberkus on Wednesday August 22, 2018 @12:11PM (#17819748)
For historical relevance:

Microsoft already tried this with its "Shared Source" nonsense, an attempt to reap the marketing benefits of Open Source while actually opening anything. If Microsoft couldn't pull it off with their $billions in marketing funds, why on Earth do you think Redis Labs can?

(yes, the Shared Source program still exists, but it's no longer Microsoft's answer to Open Source, but just a way of handling required government disclosure of their older proprietary products. It's pretty clear to anyone who follows MS now that they consider Shared Source to have been a complete flop)

Re:Commons Clause by macspoofing on Wednesday August 22, 2018 @06:21AM (#17817649)
>Happy to answer questions here

You didn't answer many (any) questions.

Here's mine, why is this needed? Redis could have adopted AGPL as the base license which would have effectively prevented any cloud vendors from using it as a manged service. For those companies, Redis could have provided a paid proprietary option.

Why even bother with this?

Re:Commons Clause by zwily on Wednesday August 22, 2018 @07:54AM (#17818017)
AGPL would prevent a ton of companies from using Redis at all. A surprising number of big companies flat out ban all AGPL code.
Re:Commons Clause by icebraining on Wednesday August 22, 2018 @10:11AM (#17818774)
The paid proprietary option wouldn't be AGPL'd.
Re:Commons Clause by macspoofing on Wednesday August 22, 2018 @12:51PM (#17820045)
As it stands 'Common Clause' is a poison pill for every business. It won't get past any legal department.
Re:Commons Clause by Nemo_bis on Wednesday August 22, 2018 @04:41AM (#17817276)
"It's only some enterprise modules." Sure, ownCloud said the same and eventually forced its own founder to fork and make Nextcloud under AGPL. Good luck with that.

Did you completely fail to learn from experience, or are you pretending? https://fosdem.org/2018/schedule/event/nextcloud/

Re:Commons Clause by peterwwillis on Wednesday August 22, 2018 @11:38AM (#17819444)
> understand what systems are forcing deeply passionate OSS devs to consider more proprietary options

Does an artist stop painting because they aren't selling enough paintings? Did Linus stop making the kernel because he "created a lot of value" that big companies didn't compensate him for? He should be a billionaire by now, but he did fine for himself, so he didn't care that people were making billions off his creation. He made it because he needed it, but also because he loved programming. Deeply passionate people just do.

Not everyone can be passionate. But please don't pat these developers on the back for being capitalists.Right now they're just upset that they aren't making more cash, and are sticking it to the cloud providers out of spite.

Google didn't have to open source Kubernetes. They did it because they knew the power of open source is in the community. [1] If Docker had a "commons clause", imagine how limited the technology we use would be today.

The fact that this license stifles contribution to and use of the software is important, because it will probably evolve until no commercial use is allowed at all - without a paid license. Back to the good 'ol days of proprietary software companies.

And even if you're not a company, but you're a consultant who gets paid to set up a cluster for someone else, this license could be construed as preventing that consultant from getting paid for setting up the software. I'm not willing to be taken to court, so I'm not touching this software with a ten foot pole. If a company uses it, I won't work with that company.

[1] https://www.computerworlduk.com/cloud-computing/why-did-goog...

Re:Commons Clause by solomatov on Thursday August 23, 2018 @12:37PM (#17828635)
>Google didn't have to open source Kubernetes.

They open sourced it for pragmatic reason. In some sense, kubernetes is an open source cloud infra, and in this way it prevents AWS from monopolizing the market.

Re:Commons Clause by hn_throwaway_99 on Tuesday August 21, 2018 @10:32PM (#17815815)
> Any license notice or attribution required by the License must also include this Commons Cause License Condition notice.

FYI, think you have a typo, shouldn't it be "Common Clause" not "Common Cause".

Re:Commons Clause by etatoby on Wednesday August 22, 2018 @06:59AM (#17817772)
Question: why all this mess instead of simply re-licensing under the AGPL? (which was created to address the specific issue Redis is having)
Re:Commons Clause by rurban on Thursday August 23, 2018 @04:56PM (#17830645)
1. Those modules were under APGL before and moved now to the Common Clause.

2. In fact the GPLv3 is the improved and recommended variant of the APGL. They should have switched to the GPLv3 instead, and would have avoided this misleading and wrong headed discussions, where people are mostly mixing up redis with RedisLab modules and have no idea about APGL vs GPLv3.

Re:Commons Clause by HeadsUpHigh on Wednesday August 22, 2018 @05:15AM (#17817400)
Hey I'm not saying this license is bad but it's absolutely not free software anymore by any definition.
Re:Commons Clause by sciurus on Tuesday August 21, 2018 @09:27PM (#17815479)
Who else can we expect to see adopting the Commons Clause?
Re:Commons Clause by mindcrime on Tuesday August 21, 2018 @10:10PM (#17815703)
Pretty much either "nobody" or "the set of companies who want their projects forked and promoted by somebody else".
Re:Commons Clause by XiZhao on Wednesday August 22, 2018 @01:37AM (#17816563)
If a project has that wide of a contribution base, then the Commons Clause wouldn’t be needed in the first place. I think that’s the problem.
Re:Commons Clause by hashrate on Wednesday August 22, 2018 @04:36AM (#17817256)
IMO 100% of ventured backed Open Source project will adopt this licence.

Just to name a few :

- Elastic

- Docker

- CockRoachDB

This licence is a disguised "Oracle" intellectual property.

This what Oracle has been doing for years and bring them billions in revenue.

It ensure that one way or another you'll pay $$$ to the vendor of the tech.

Most of these companies quoted above are not profitable and are trying to find a way to be profitable.

With this licence it allows them to charge $$$ and to have full control over the IP for and become the sole allowed provider for consulting / support / training and basically anything that is related to this technology.

This is proprietary software with an "unlimited trial" edition and source code hosted on Github.

Re:Commons Clause by Sir_Cmpwn on Tuesday August 21, 2018 @09:46PM (#17815588)
Wow, I remember seeing this when you first started it and I spoke out against it then. I should have spoken more loudly, because I assumed no sane maintainer would have taken you seriously.

Software which uses this model is not open source, plain and simple. This is a disgrace on our community and I am sorely disappointed in you and in Redis.

What pushes OSS devs to cease being OSS devs is an important problem to solve, but one I think we were making great progress on. "Solving" it with the destruction of open source is a despicable thing.

The commons "clause" isn't a clause at all, it's a rape of an otherwise good license. I fear you've already let it into your head that your cause is a noble one and that you'll be unwilling to undo the damage you've done, but if you have a conscience I urge you to shut down this bastardization of open source.

Re:Commons Clause by dang on Wednesday August 22, 2018 @12:20AM (#17816272)
That crosses into incivility and you can't do that here, regardless of how right you are or feel you are. You surely know this. Please don't do it again.

https://news.ycombinator.com/newsguidelines.html

Re:Commons Clause by Sir_Cmpwn on Wednesday August 22, 2018 @07:03AM (#17817793)
I am very angry and showing it, but I don't think I've crossed the line into incivility. Naturally it's your call.