Source-available software explained

Source-available software is software released through a source code distribution model that includes arrangements where the source can be viewed, and in some cases modified, but without necessarily meeting the criteria to be called open-source.[1] The licenses associated with the offerings range from allowing code to be viewed for reference to allowing code to be modified and redistributed for both commercial and non-commercial purposes.[2]

Distinction from free and open-source software

Any software is source-available in the broad sense as long its source code is distributed along with it, even if the user has no legal rights to use, share, modify or even compile it. It is possible for a software to be both source-available software and proprietary software (e.g. id Software's Doom).

In contrast, the definitions of free software and open-source software are much narrower. Free software and/or open-source software is also always source-available software, but not all source-available software is also free software and/or open-source software. This is because the official definitions of those terms require considerable additional rights as to what the user can do with the available source (including, typically, the right to use said software, with attribution, in derived commercial products).[3]

In the broad sense, any FOSS license is a source-available license. In the narrow sense,[1] the term source-available specifically excludes FOSS software.

Non-free licenses

The following source-available software licenses are considered non-free licenses because they have limitations that prevent them from being open-source according to the Open Source Initiative and free to the Free Software Foundation.

Commons Clause

The Commons Clause, created by Fossa, Inc., is an addendum to an open-source software license that restricts users from selling the software. Under the combined license, the software is source-available, but not open-source.[4]

On August 22, 2018, Redis Labs shifted some Redis Modules from the GNU Affero General Public License[5] [6] to a combination of the Apache License 2.0 and the Commons Clause.[7] [8]

In September 2018, Matthew Garrett criticized Commons Clause calling it an "older way of doing things" and said it "doesn't help the commons".[9]

Business Source License

Business Source License has been introduced by MariaDB Corporation in 2016 and rapidly became one of the most adopted "delayed open source" licenses.[10] It prohibits use of the code in production environments, where a commercial license is required.[11]

Functional Source License

Functional Source License has been introduced in November 2023 by Sentry, as a simpler alternative to Business Source License.[12] It prohibits any "competing" use of the code, to preserve the rights of the author to economically exploit it, but applies for a limited time, after which the code itself is considered to be available under Apache License or MIT License.[13]

GitLab Enterprise Edition License (EE License)

The GitLab Enterprise Edition License is used exclusively by GitLab's commercial offering.[14] GitLab Inc. openly discloses that the EE License makes their Enterprise Edition product "proprietary, closed source code."[15] GitLab also releases an open-source Community Edition under the MIT License.[16] This makes GitLab an example of an open core company.

Mega Limited Code Review Licence

In 2016, Mega Ltd. released the source code of their Mega clients under the Mega Limited Code Review Licence, which only permits usage of the code "for the purposes of review and commentary".[17] The source code was released after former director Kim Dotcom stated that he would "create a Mega competitor that is completely open source and non-profit" following his departure from Mega Ltd.[18] [19]

Microsoft Shared Source Initiative

Microsoft's Shared Source Initiative, launched in May 2001, comprises 5 licenses, 2 of which are open-source and 3 of which are restricted. The restricted licenses under this scheme are the Microsoft Limited Public License (Ms-LPL),[20] the Microsoft Limited Reciprocal License (Ms-LRL),[21] and the Microsoft Reference Source License (Ms-RSL).[22]

Old Scilab License

Prior to version 5, Scilab described itself as "the open source platform for numerical computation"[23] but had a license[24] that forbade commercial redistribution of modified versions. Versions 5 and later are distributed under the GPL-compatible CeCILL license.

Server Side Public License

The Server Side Public License is a modification of the GNU Affero General Public License created by the MongoDB project. It modifies a clause relating to usage of the licensed work over a network, stating that if SSPL-licensed software is incorporated into a "service" offered to other users, the source code for the entirety of the service (including without limitation all software and APIs that would be required for a user to run an instance of the service themselves) must be released under the SSPL.[25] The license is considered non-free by the Open Source Initiative, Debian and Red Hat, as it contains conditions that are unduly discriminatory towards commercial use of the software.[26] [27]

SugarCRM Public License

In 2007 Michael Tiemann, president of OSI, had criticized[28] companies such as SugarCRM for promoting their software as "open source" when in fact it did not have an OSI-approved license. In SugarCRM's case, it was because the software is so-called "badgeware"[29] since it specified a "badge" that must be displayed in the user interface. SugarCRM's open source version was re-licensed under the GPL version 3 in 2007,[30] and later the GNU Affero GPL version 3 in 2010.[31]

TrueCrypt License

The TrueCrypt License was used by the TrueCrypt disk encryption utility.[32] When TrueCrypt was discontinued, the VeraCrypt fork switched to the Apache License, but retained the TrueCrypt License for code inherited from TrueCrypt.[33]

The Open Source Initiative rejects the TrueCrypt License, as "it has elements incompatible with the OSD." The Free Software Foundation criticizes the license for restricting who can execute the program, and for enforcing a trademark condition.[34]

BeeGFS End User License Agreement

BeeGFS EULA is the license of the distributed parallel file system BeeGFS, except the client for Linux, which is licensed under GPLv2.[35]

BeeGFS source code is publicly available from their website,[36] and because of this they claiming BeeGFS as "Open-Source" software;[37] it is in fact not because this license prohibits distributing modified versions of the software, or using certain features of the software without authorization.[38]

See also

Notes and References

  1. Web site: DoD Open Source Software (OSS) FAQ: Is there a name for software whose source code is publicly available, but does not meet the definition of open source software? . Chief Information Officer. U.S. Department of Defense. 23 Jul 2018. https://web.archive.org/web/20180724032116/https://dodcio.defense.gov/Open-Source-Software-FAQ/. Jul 24, 2018.
  2. Fortunato . Laura . Laura Fortunato (academic) . Galassi . Mark . Mark Galassi . The case for free and open source software in research and scholarship . . 17 May 2021 . 379 . 2197 . 10.1098/rsta.2020.0079 . 33775148 . free .
  3. Web site: The Open Source Definition Open Source Initiative . opensource.org.
  4. Web site: 2018-08-24. Commons Clause License. Commons Clause License.
  5. News: 2018-08-24. Why Redis Labs' Modules are AGPL . Redis Labs. 5 July 2016. Shoolman. Yiftach.
  6. News: 2018-08-24. Redis has a license to kill: Open-source database maker takes some code proprietary. The Register. Claburn. Thomas.
  7. Web site: 2018-08-24. Commons Clause License. Commons Clause License.
  8. News: 2018-08-24. Why Redis Labs made a huge mistake when it changed its open source licensing strategy. TechRepublic. Asay. Matt.
  9. https://mjg59.dreamwidth.org/51177.html The Commons Clause doesn't help the commons
  10. Web site: Delayed Open Source Publication. Open Source Initiative. 25 Feb 2024.
  11. Web site: Adopting and Developing BSL Software. MariaDB. 25 Feb 2024.
  12. Web site: Introducing the Functional Source License: Freedom without Free-riding. Sentry's blog. 25 Feb 2024.
  13. Web site: FSL - Functional Source License. Functional Source License. 25 Feb 2024.
  14. Web site: The GitLab Enterprise Edition (EE) license (the "EE License"). GitLab. GitLab Inc.. 16 May 2018. 23 Jul 2018.
  15. Web site: GitLab is open core, GitHub is closed source. Sijbrandij. Sid. GitLab. GitLab Inc.. 20 Jul 2016. 23 Jul 2018.
  16. Web site: GitLab Community Edition LICENSE file. GitLab. GitLab Inc.. 15 May 2018. 23 Jul 2018.
  17. Web site: 2018-08-24. 2017-09-07. meganz/MEGAsync. GitHub.
  18. Web site: 2018-08-24. 2015-07-30. Interviews: Kim Dotcom Answers Your Questions - Slashdot. yro.slashdot.org.
  19. News: 2018-08-24. 2015-07-31. Kim Dotcom promises to launch an open-source competitor to Mega (updated). Engadget.
  20. Web site: Microsoft Limited Public License (Ms-LPL). Microsoft.
  21. Web site: Microsoft Limited Reciprocal License (Ms-LRL). Microsoft.
  22. Web site: Microsoft Reference Source License. Microsoft. 2016-07-06. "Reference use" means use of the software within your company as a reference, in read-only form, for the sole purposes of debugging your products, maintaining your products, or enhancing the interoperability of your products with the software, and specifically excludes the right to distribute the software outside of your company.. 2016-07-06.
  23. Web site: The open source platform for numerical computation . . 2008-01-04 .
  24. Web site: SCILAB License . https://web.archive.org/web/20051212214843/http://www.scilab.org/legal/license.html . dead . 2005-12-12 . INRIA . 2008-01-04 .
  25. Web site: In 2019, multiple open source companies changed course—is it the right move?. Ars. Staff. October 16, 2019. Ars Technica.
  26. Web site: MongoDB "open-source" Server Side Public License rejected. Vaughan-Nichols. Steven J.. ZDNet. en. January 17, 2019. https://web.archive.org/web/20190116202120/https://www.zdnet.com/article/mongodb-open-source-server-side-public-license-rejected/. January 16, 2019. live.
  27. Web site: MongoDB's licensing changes led Red Hat to drop the database from the latest version of its server OS. January 16, 2019. GeekWire. en-US. January 17, 2019. https://web.archive.org/web/20190117035708/https://www.geekwire.com/2019/mongodbs-licensing-changes-led-red-hat-drop-database-latest-version-server-os/. January 17, 2019. live.
  28. Web site: Will The Real Open Source CRM Please Stand Up? . Michael . Tiemann . Michael Tiemann . 2007-06-21 . . 2008-01-04.
  29. Web site: Are SugarCRM, Socialtext, Zimbra, Scalix and others abusing the term "open source?" . 2006-11-21 . David . Berlind . . 2008-01-04 . dead . https://web.archive.org/web/20080101010337/http://blogs.zdnet.com/BTL/index.php?p=3430 . 1 January 2008 . dmy-all .
  30. News: Vance. Ashlee. Ashlee Vance. 2007-07-25. SugarCRM trades badgeware for GPL 3. The Register. 2008-09-08.
  31. Web site: OSI Board of Directors. 19 January 2021. The SSPL is Not an Open Source License. 23 January 2021. Open Source Initiative.
  32. Web site: truecrypt-archive/License-v3.1.txt at master · DrWhax/truecrypt-archive. GitHub. 28 Mar 2014. 23 Jul 2018.
  33. Web site: root/License.txt. VeraCrypt. TrueCrypt Foundation. 17 Oct 2016. 23 Jul 2018.
  34. Web site: Various Licenses and Comments about Them. GNU Operating System. Free Software Foundation. 23 Jul 2018.
  35. Web site: BeeGFS End User License Agreement - Documentation - BeeGFS. BeeGFS. 8 Jun 2020.
  36. Web site: GitLab. BeeGFS. 8 Jun 2020.
  37. Web site: Frequently Asked Questions (FAQ). BeeGFS Wiki. 8 Jun 2020.
  38. Web site: End-User License Agreement . 2021-01-26 . plain text . 2019-09-10.