Bruce Perens Emits Draft Post-Open Zero Cost License

After convincing the world to buy open source and give up the Morse Code test for ham radio licenses, Bruce Perens has a new gambit: develop a license that ensures software developers receive compensation from large corporations using their work. The new Post-Open Zero Cost License seeks to address the financial disparities in open source software use and includes provisions against using content to train AI models, aligning its enforcement with non-profit performing rights organizations like ASCAP. Here's an excerpt from an interview The Register conducted with Perens: The license is one component among several -- the paid license needs to be hammered out -- that he hopes will support his proposed Post-Open paradigm to help software developers get paid when their work gets used by large corporations. 'There are two paradigms that you can use for this,' he explains in an interview. 'One is Spotify and the other is ASCAP, BMI, and SESAC. The difference is that Spotify is a for-profit corporation. And they have to distribute profits to their stockholders before they pay the musicians. And as a result, the musicians complain that they're not getting very much at all.'

'There are two paradigms that you can use for this,' he explains in an interview. 'One is Spotify and the other is ASCAP, BMI, and SESAC. The difference is that Spotify is a for-profit corporation. And they have to distribute profits to their stockholders before they pay the musicians. And as a result, the musicians complain that they're not getting very much at all.' Perens wants his new license -- intended to complement open source licensing rather than replace it -- to be administered by a 501(c)(6) non-profit. This entity would handle payments to developers. He points to the music performing rights organizations as a template, although among ASCAP, BMI, SECAC, and GMR, only ASCAP remains non-profit.

The basic idea is companies making more than $5 million annually by using Post-Open software in a paid-for product would be required to pay 1 percent of their revenue back to this administrative organization, which would distribute the funds to the maintainers of the participating open source project(s). That would cover all Post-Open software used by the organization. 'The license that I have written is long -- about as long as the Affero GPL 3, which is now 17 years old, and had to deal with a lot more problems than the early licenses,' Perens explains. 'So, at least my license isn't excessively long. It handles all of the abuses of developers that I'm conscious of, including things I was involved in directly like Open Source Security v. Perens, and Jacobsen v. Katzer.'

'It also makes compliance easier for companies than it is today, and probably cheaper even if they do have to pay. It creates an entity that can sue infringers on behalf of any developer and gets the funding to do it, but I'm planning the infringement process to forgive companies that admit the problem and cure the infringement, so most won't ever go to court. It requires more infrastructure than open source developers are used to. There's a central organization for Post-Open (or it could be three organizations if we divided all of the purposes: apportioning money to developers, running licensing, and enforcing compliance), and an outside CPA firm, and all of that has to be structured so that developers can trust it.' You can read the full interview here.

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