Startups Are Going ‘Fair Source’ To Avoid Pitfalls of Open Source Licensing

An anonymous reader quotes a report from TechCrunch:

With the perennial tensions between proprietary and open source software (OSS) unlikely to end anytime soon, a $3 billion startup is throwing its weight behind a new licensing paradigm — one that’s designed to bridge the open and proprietary worlds, replete with new definition, terminology, and governance model. Developer software company Sentry recently introduced a new license category dubbed “fair source.” Sentry is an initial adopter, as are some half dozen others, including GitButler, a developer tooling company from one of GitHub’s founders. The fair source concept is designed to help companies align themselves with the “open” software development sphere, without encroaching into existing licensing landscapes, be that open source, open core, or source-available, and while avoiding any negative associations that exist with “proprietary.” However, fair source is also a response to the growing sense that open source isn’t working out commercially.

“Open source isn’t a business model — open source is a distribution model, it’s a software development model, primarily,” Chad Whitacre, Sentry’s head of open source, told TechCrunch. “And in fact, it places severe limits on what business models are available, because of the licensing terms.” Sure, there are hugely successful open source projects, but they are generally components of larger proprietary products. Businesses that have flown the open source flag have mostly retreated to protect their hard work, moving either from fully permissive to a more restrictive “copyleft” license, as the likes of Element did last year and Grafana before it, or ditched open source altogether as HashiCorp did with Terraform. “Most of the world’s software is still closed source,” Whitacre added. “Kubernetes is open source, but Google Search is closed. React is open source, but Facebook Newsfeed is closed. With fair source, we’re carving a space for companies to safely share not just these lower-level infrastructure components, but share access to their core product.”

Further reading: As Companies Try ‘Open Source Rug Pull’, Open Source Foundations Considered Helpful