The Rise of Fair Source Licensing: A New Approach for GitHub and Companies

The software world is experiencing a shift in the landscape of licensing, with companies increasingly seeking alternatives to traditional open source and proprietary models. A new licensing paradigm dubbed "fair source" has emerged, aimed at balancing the benefits of open collaboration with the need for businesses to protect their commercial interests. This movement, spearheaded by companies like Sentry, a $3 billion startup, aims to establish a new set of rules for sharing code while safeguarding business value.

• The fair source concept is designed to provide companies with a path to engage with the open software development sphere without fully embracing open source, open core, or source-available models.
• It addresses the concern that open source licensing often restricts businesses from fully monetizing their software, leading many to abandon traditional open source models altogether.
• This shift in licensing reflects the evolving needs of companies that want to foster community engagement without compromising their commercial goals.

The Fair Source Movement: A "Middle Ground" Approach

Fair source licenses aim to provide a middle ground between traditional open source and proprietary software. They allow companies to publicly share code for developers to use, modify, and redistribute, but with certain restrictions to protect the company's business interests.

• These licenses often include a "delayed open source publication" (DOSP) clause, meaning the code will eventually become fully open source after a predefined period, typically two to four years.
• The DOSP helps companies shield their core software during its initial development phase, while allowing them to foster community contributions and engagement over time.
• One of the main licenses under fair source is the Functional Source License (FSL), which is designed to be a simpler alternative to BUSL, a more restrictive source-available license.

The Role of GitHub in the Fair Source Discussion

GitHub, a platform central to the open source community, serves as a focal point for discussions around fair source licensing. The platform's own licensing strategy, which is not fully open source despite hosting a multitude of open source projects, provides a real-world example of the challenges companies face when trying to balance open collaboration with commercial interests.

• GitHub itself, while heavily intertwined with the open source world, is not open source. This highlights the difficulty of balancing the "open" ethos of open source with the commercial realities of a successful software company.
• Companies like GitButler, a new Git-focused startup founded by one of GitHub's original founders, Scott Chacon, are embracing fair source licensing as a way to protect their business while still promoting transparency and community involvement.
• Chacon's philosophy of "open sourcing everything you don't mind your competitors using" reflects the pragmatic approach that many companies are taking as they navigate the complexities of software licensing.

The Debate Surrounding Fair Source Licensing

Fair source licensing has generated mixed reactions, with some supporters praising it as a practical solution for companies seeking a balanced approach to code sharing, while others criticize it for its ambiguity and its potential to hinder innovation.

• Proponents of fair source argue that it allows companies to share their code while protecting their business interests, leading to more collaboration and faster development cycles.
• Critics argue that fair source licenses are not truly open source because they restrict commercial use and could lead to legal uncertainty, hindering open innovation.
• The concept of "minimal restrictions" can be open to interpretation, raising concerns about the potential for future changes in licensing terms and the lack of independent oversight for the fair source movement.

Fair Source: A New Chapter in the Open Source Landscape

The rise of fair source licensing is a testament to the evolving landscape of software development. As companies grapple with the challenges of balancing open collaboration with commercial interests, new licensing models like fair source are emerging, offering alternatives to traditional open source and proprietary approaches.

• Fair source licensing presents a new chapter in the open source world, one that reflects the pragmatic needs of businesses and the ongoing evolution of how software is developed, shared, and monetized.
• The future of fair source will depend on how the licensing terms are refined, the governance structure is established, and the community's acceptance of this new paradigm unfolds.
• The discussion surrounding fair source is a reminder that the open source landscape is constantly evolving, and companies are continuously seeking innovative ways to manage code sharing, collaboration, and business value.