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.”
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.”
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.
Whether it can or not, Perens argues that the GPL isn’t enough. “The GPL is designed not as a contract but as a license. What Richard Stallman was thinking was he didn’t want to take away anyone’s rights. He only wanted to grant rights. So it’s not a contract. It’s a license. Well, we can’t do that anymore. We need enforceable contract terms.”
It’s an interesting idea, but the differences between copyright and contract law present quite a hurdle.
Either you release something publicly, licensing it under certain conditions (you can use it this way, but not that), or you cut a contract with a 3rd party for them to use it a certain way – something that only makes sense in a context where the wider public doesn’t already have those rights, otherwise a contract would be unnecessary.
You see it in some Free software projects: they’re licensed under something aggressive like the AGPL, but for a few you can buy a proprietary license. This of course limits community participation though, as to contribute, you must agree to these terms. I think React does something like this, forcing you to sign a contract to submit a patch.
He points out a number of problems that I’d like to see solved, so I’d love to hear his ideas, so long as they’re similar in spirit to the goals of the FSF.