Bruce Perens, one of the authors of the definition of Open Source and co-founder of the organization Open Source Initiative, presented the first black version of the new license post-open zero-cost aimed at addressing the accumulated problems associated with the interaction of open software developers and commercial companies in the context of obtaining a fair reverse return on the commercial use of code.
The license reflects the possibility of imposing additional conditions for commercial use. For example, for the benefits received as a result of the use of open software by commercial companies, it is proposed to pay either participation in development or pay for deductions that will be distributed between direct developers.
The key difference between the Post-Open license and existing open licenses, such as the GPL, is the introduction of a contract component available for termination in case of violation of the terms of the license. Two types of contract agreements are provided – free and paid. A paid agreement provides for the possibility of granting additional rights and is applied in the commercial distribution of products or amendments without their public disclosure.
The license also establishes the organization “Post-Open Administration”, which acts on behalf of the licensor, their legal representative, defending their rights when necessary and managing the distribution of received funds, taking into account the development contribution. The structure of the organization, including transparent processes in its activities and financial mechanisms, is yet to be defined and subject to future discussions.
Among the situations that lead to the termination of the contract component are violations of the license terms, claims of patent violations, imposition of additional conditions, amendments to export control laws, concealment of vulnerability information, obstructing their disclosure, and the use of code for teaching machine learning models distributed under different conditions. Contractual relations are not immediately terminated, but only after 60 days following notification of the violation. If the violations are rectified within the 60-day period, the granted rights remain in force.