In fact, you don't even need to close the loophole. You just need to make FAANG employees pause long enough to worry that they might not comply, deterring them from using said library.
If you don't want people to use your work, don't publish it. Publishing has the totally selfish goal of getting others to help you by trying things out, report bugs and improvements and some of them to contribute those things to you. Don't publish if you don't care and just want mobey out of it. Then open source is not for you.
You think Linus Torvalds wanted donations when he published Linux? Or that he was in a particularly philantropic mood? No way. He did it to get other people to work for him. And it turned out great for the project! That he is now making a living with it is just a side effect.
I don't know about everyone else, but if I publish something as open-source it's because it's something I made and needed in the first place.
Open-sourcing it is just a way to enable other people who have an itch to scratch to be able to do so. More often than not, such scratches comes back benefiting me as the original author.
I don't get this fixation on everything having to be profitable, but then again I don't work on any FOSS projects full time. I only do it to scratch an itch, to make the software work for me.
And when it works... I go do the actual work I'm paid to work on, using the software I've helped make better.
At the time I was thinking "Yay! I'm famous! My code is good!".
Over the years I've seen some of my code, not much of course, end up in other big projects and I'm a little proud, and a little pleased. The fact that the company got the money and not me? Doesn't bother me in the slightest.
I write code for me, and if I get bug reports that prove other people used it then I'll try to improve things. Money just isn't a consideration, although I have linked an Amazon wishlist in a few places over the years, and received unexpected books/films which make me smile.
If you look at the mailing list with the announcement, it was "look ma, no hands" kind of moment. Just letting people know of his experimental project, with entirely no expectations if it growing as much as it did decades later.
That's not to say Linux is a good example to go by, for an average free software project.
In the same way that it's trivial to write a twitter clone in a weekend, yes.
Hundreds of goverments have tried for decades to do what you claim is trivial. Good luck.
What you are presumably referring to is transfer pricing, which is a completely different beast.
Edit: Sadly, I think these kinds of battles are rather one sided.
It's practically unthinkable that a company like Apple/Amazon/etc is going to create an expensive, complicated international legal structure to conceal wilful infringement of some open source licence.
It's perfectly achievable to write a licence that forbids use or incorporation in products, servers or services from particular companies.
There are all kinds of ways you can write a license that won’t be used popularly but would achieve this specific goal. Do you want to close “your” software off to companies who might seek to be acquired later?
I do not have the motivation to lay out my full argument as that would take another entire paper, but even if it turns out to be not as hard as I think it is, it certainly isn't as easy as is posited here.
The risk is far more likely to be inadvertently making the licence overly narrow and preventing usage by companies that you would actually intend to allow (or at least contemplate should be allowed).
Regardless, the text doesn’t really matter. Most companies will run for the hills as soon as they see anything remotely like the contemplated licence. It’s just not worth the risk for them.
Source: former lawyer.
And watch everybody avoid your lib. You think you are special? A competing lib will soon show up without that restriction. And that lib will get attention from corporations and they will have thousands of eyes use the lib and test it and beat the hell out of it and fix issues and send them upstream (since maintaining a fork is too much work) and eventually this commercial-permissive alternative will thrive and be 100x as stable and streamlined and your alternative will cease to exist.
But you are free to do this. Nobody prevents you from it. But please don't cry later when seeing effects that you don't like.
Assuming there are network effects for being the 'official' place to contribute to your project, than you can start with an MIT license, and once it gets popular, you take it private with slightly ever less permissible licenses.
(GPL wouldn't make this so easy.)
Fat chance. An average programmer will replace the library if the current one has issues, not fix the issues in the library. It is rational to do so (assuming a different lib exists, which it does for most libs).
The core issue here is all these lawyerly lawyers try to parse words and contracts and it's all bullshit. The core point about OSS isn't to hyper-centralize wealth. The core point about OSS is to enable people to create a common good. A common wealth for the people. I'm not against the core function of capitalism—the feedback loop that allocates resources to those that produce things that others want—I'm against some of its outcomes. Namely, a class of hyper-wealthy people that make out like bandits and incorporate in places like Cyprus to pay as little back as possible to the very communities that enriched them in the first place.
It isn't just. And quite frankly, I consider it to be a disease that hurts the billionaire class as much as it hurts the rest of us. This never ending dick measuring contest while the world burns. Ferraris driving past over-packed women's shelters. People ashamed that they "only" drive an Audi. Like, in bayesian free energy terms it's the equivalent to holding onto ninety tons of fat and still trying to eat more. Of course Bezos went ballistic when his phone got hacked. Security concerns sky-rocket when you're holding onto this much energy and power.
That is an arbitrary criteria, and you'll end up with software being written by Apple Development LLC, the loss-making shell company that Apple uses to do all it's development.
If you want something other than the GPL you can use it but don't be surprised when people commercialise your software at scale, don't pay for it and don't release changes back to the community.