> I want a license that prevents unpaid use by any entity that has any stakeholder worth more than a billion USD.
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.
I mean, this is a fairly trivial loophole to close if you have a lawyer who knows what they're doing.
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.
How does it help you if they don't use your lib? Why do you publish your work in the first place? To get donations? That's not what open source was invented for.
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.
> Why do you publish your work in the first place? To get donations? That's not what open source was invented for.
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.
I feel the same way. In the early nineties a corporation got in touch with me, they said they were working on a Java IDE and could they ship some of my source as "example projects". I thought about it for about six seconds and said "Yes please!" I think they even mailed me a CD-ROM at some later point.
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.
> You think Linus Torvalds wanted donations when he published Linux?
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.
Governments don't try very hard. It's in their best interest that this fraud-adjacent activity keeps going on, or at least that's the only reasonable explanation for why they keep cooperating so well with it.
Extending restrictions to affiliates/related bodies corporate is absolute bread and butter commercial legal work. Most lawyers are writing these kind of clauses week in, week out.
What you are presumably referring to is transfer pricing, which is a completely different beast.
Of course, licence clauses won't physically stop someone who is fine with wilful infringement. But they're not intended to. They're intended to restrict the behaviour of people who, by and large, respect the law.
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.
It’s achievable. You could even just name the companies with a periodic process to update the list.
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?
While I have never practised as a lawyer, I do have a law degree, and I've written several papers on IP and IP licensing when I was in law school. And I will also add that I did not do my degree in the US. Still, I am quite convinced that it is very hard to codify the intention of what the OP wants to do in a generic software license (i.e. one that you do not draft specifically for each client).
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.
I don’t know why you think it’s not possible (or that it’s anything more than trivial). Revenue, affiliated companies, third party service providers, etc are all basic legal concepts.
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.
shrug The Unreal engine mentioned elsewhere in this threat also seems very simple (an order of magnitude more straightforward as what we're talking about here I'd argue), yet if you go on the Id forums you'll find many questions from people in various edge cases that fall under one category in spirit and another in the letter of the license. But hey, I'm just some guy on the internet, what do I know, we'll just have to agree to disagree until someone really tries to find out.
Exactly. If you feel this is unjust, put a non-commercial clause in you license.
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.
A permissible MIT license might even be the best way to exploit this.
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.
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).
Nope. Because the loss-making shell company has a stakeholder worth more than a billion USD.
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.