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hubie writes:

'Our licenses aren't working anymore,' says free software pioneer:

Bruce Perens, one of the founders of the Open Source movement, is ready for what comes next: the Post-Open Source movement.

"I've written papers about it, and I've tried to put together a prototype license," Perens explains in an interview with The Register. "Obviously, I need help from a lawyer. And then the next step is to go for grant money."

Perens says there are several pressing problems that the open source community needs to address.

"First of all, our licenses aren't working anymore," he said. "We've had enough time that businesses have found all of the loopholes and thus we need to do something new. The GPL is not acting the way the GPL should have done when one-third of all paid-for Linux systems are sold with a GPL circumvention. That's RHEL."

RHEL stands for Red Hat Enterprise Linux, which in June, under IBM's ownership, stopped making its source code available as required under the GPL.

[...] "They aren't really Red Hat any longer, they're IBM," Perens writes in the note he shared with The Register. "And of course they stopped distributing CentOS, and for a long time they've done something that I feel violates the GPL, and my defamation case was about another company doing the exact same thing: They tell you that if you are a RHEL customer, you can't disclose the GPL source for security patches that RHEL makes, because they won't allow you to be a customer any longer. IBM employees assert that they are still feeding patches to the upstream open source project, but of course they aren't required to do so.

"This has gone on for a long time, and only the fact that Red Hat made a public distribution of CentOS (essentially an unbranded version of RHEL) made it tolerable. Now IBM isn't doing that any longer. So I feel that IBM has gotten everything it wants from the open source developer community now, and we've received something of a middle finger from them.

"Obviously CentOS was important to companies as well, and they are running for the wings in adopting Rocky Linux. I could wish they went to a Debian derivative, but OK. But we have a number of straws on the Open Source camel's back. Will one break it?"

Another straw burdening the Open Source camel, Perens writes, "is that Open Source has completely failed to serve the common person. For the most part, if they use us at all they do so through a proprietary software company's systems, like Apple iOS or Google Android, both of which use Open Source for infrastructure but the apps are mostly proprietary. The common person doesn't know about Open Source, they don't know about the freedoms we promote which are increasingly in their interest. Indeed, Open Source is used today to surveil and even oppress them."

Free Software, Perens explains, is now 50 years old and the first announcement of Open Source occurred 30 years ago. "Isn't it time for us to take a look at what we've been doing, and see if we can do better? Well, yes, but we need to preserve Open Source at the same time. Open Source will continue to exist and provide the same rules and paradigm, and the thing that comes after Open Source should be called something else and should never try to pass itself off as Open Source. So far, I call it Post-Open."

Post-Open, as he describes it, is a bit more involved than Open Source. It would define the corporate relationship with developers to ensure companies paid a fair amount for the benefits they receive. It would remain free for individuals and non-profit, and would entail just one license.

He imagines a simple yearly compliance process that gets companies all the rights they need to use Post-Open software. And they'd fund developers who would be encouraged to write software that's usable by the common person, as opposed to technical experts.

Pointing to popular applications from Apple, Google, and Microsoft, Perens says: "A lot of the software is oriented toward the customer being the product – they're certainly surveilled a great deal, and in some cases are actually abused. So it's a good time for open source to actually do stuff for normal people."

The reason that doesn't often happen today, says Perens, is that open source developers tend to write code for themselves and those who are similarly adept with technology. The way to avoid that, he argues, is to pay developers, so they have support to take the time to make user-friendly applications.

Companies, he suggests, would foot the bill, which could be apportioned to contributing developers using the sort of software that instruments GitHub and shows who contributes what to which products. Merico, he says, is a company that provides such software.

Perens acknowledges that a lot of stumbling blocks need to be overcome, like finding an acceptable entity to handle the measurements and distribution of funds. What's more, the financial arrangements have to appeal to enough developers.

"And all of this has to be transparent and adjustable enough that it doesn't fork 100 different ways," he muses. "So, you know, that's one of my big questions. Can this really happen?"

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