Bruce Perens, known as a co-author of the definition of Open Source and one of the founders of the Open Source Initiative, has recently announced the launch of a new license project called Post-Open Zero-Cost. This initiative was revealed in a blog post on the website, where Perens provided detailed information about the development and purpose of the new license.
The main objective of the Post-Open Zero-Cost license is to address the challenges that arise in the relationship between open software developers and commercial organizations. Specifically, the focus is on ensuring a fair return for developers when their work is used commercially. The license proposes options for commercial use that may involve requirements for participation in development or financial contributions distributed among developers.
One of the key features of the POST-OPEN license is the incorporation of contractual elements that can be terminated in case of license violations. These elements include free and paid agreements for different levels of use and distribution. The license also includes provisions for the establishment of the Post-Open Administration, which will serve as a legal representative for authors, protecting their interests and managing financial contributions.
Furthermore, the license sets out conditions under which the contract may be terminated, such as violations of licensed terms, patent infringements, unauthorized additions to the license, changes subject to export control regulations, and others. Any violations must be rectified within 60 days to maintain licensed rights.
Considering the issues with the GNU General Public License (GPL) and the challenges the new license aims to address, concerns have been raised about granting rights without the ability to retract them. This loophole has allowed companies to exploit open-source requirements by imposing additional contractual conditions that restrict distribution.
For example, Red Hat’s practice with the RHEL distribution has faced criticism for limiting redistribution and potentially disrupting the open-source ecosystem. Changes in access to RHEL source code prompted a reevaluation of the relationship between open project developers and commercial entities, leading to the development of the Post-Open Zero-Cost license.