The Observation Deck » Open source confronts its midlife crisis

"So it seemed like only a matter of time before the companies built around open source software would have to confront their own crisis of confidence: open source business models are really tough, selling software-as-a-service is one of the most natural of them, the cloud service providers are really good at it — and their commercial appetites seem boundless. And, like a new cherry red two-seater sports car next to a minivan in a suburban driveway, some open source companies are dealing with this crisis exceptionally poorly: they are trying to restrict the way that their open source software can be used. These companies want it both ways: they want the advantages of open source — the community, the positivity, the energy, the adoption, the downloads — but they also want to enjoy the fruits of proprietary software companies in software lock-in and its concomitant monopolistic rents. If this were entirely transparent (that is, if some bits were merely being made explicitly proprietary), it would be fine: we could accept these companies as essentially proprietary software companies, albeit with an open source loss-leader. But instead, these companies are trying to license their way into this self-contradictory world: continuing to claim to be entirely open source, but perverting the license under which portions of that source are available. Most gallingly, they are doing this by hijacking open source nomenclature. Of these, the laughably named commons clause is the worst offender (it is plainly designed to be confused with the purely virtuous creative commons), but others (including CockroachDB’s Community License, MongoDB’s Server Side Public License, and Confluent’s Community License) are little better. And in particular, as it apparently needs to be said: no, “community” is not the opposite of “open source” — please stop sullying its good name by attaching it to licenses that are deliberately not open source! But even if they were more aptly named (e.g. “the restricted clause” or “the controlled use license” or — perhaps most honest of all — “the please-don’t-put-me-out-of-business-during-the-next-reInvent-keynote clause”), these licenses suffer from a serious problem: they are almost certainly asserting rights that the copyright holder doesn’t in fact have...."