towards paying free software developers
The non-rival nature of software using free software licenses means that such developers can't get a reward but, how about this intead?
The Free Software Precursor License
DRAFT 27-Sep-2006
Copyright (C) 2006 Thomas Lord (lord@emf.net)
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
Free software licenses such as the GNU General Public License
are designed to guarantee all recipients of a program the
freedoms to use, copy, modify, and share the program, or any
modified version of the program. That is an important and
valuable outcome for a programming effort but it creates a
practical problem for some programmers who would like to
develop free software. Once a program becomes available to
the general public under a free software license, the
copyright owners have given up all exclusive rights that,
under other kinds of license, would produce revenue for the
copyright holders. In other words, publicly available free
software is a non-rival good which is great for users
freedoms, but lousy for financially rewarding programmers for
their creative work per se.
The problem extends beyond copyright and includes patents.
When an inventor who holds a software patent permits that
patent to be practiced in a free software program, he has
given away the rights of exclusion that would allow him to
derive revenue from the practice of that patent in that
program or in any program derived from that program.
The purpose of this license is to create a balance that is
fair to the users of a program, but that also enables authors
and inventors to secure, for a limited time, such exclusive
rights to their free software creations that they can be
financially rewarded for having made their effort.
Accordingly, when this license is applied to a program:
0) At the time of initial release, everyone is free to use,
copy, modify, and share the program non-commercially and,
under the terms of this license, for research whose
primary aim is to improve the program or develop other
software under this same license.
1) A specific date is declared, after which everyone
is free to use, copy, modify, and share the program
without restrictions against commercial activity.
We encourage authors and inventors to declare a date
that is much sooner than the expiration of relevant
copyrights and patents.
2) A specific price is declared which, if paid to the
copyright holder, will cause the program to immediately
be licensed to everyone for free use, copying,
modification, and sharing.
3) Modifications distributed to the program prior to the
date on which commercial restrictions are lifted may be
distributed to the copyright holders under any agreed
upon terms or may be distributed to the general public
under terms that include a reciprocal, not commercially
restricted license to the copyright holder.
4) One year after commercial restrictions are lifted from
this program, everyone has the right to distribute
this program, or modified versions which they have
created, under the commercially restricted form
of this license, setting a date not to exceed
10 years after which commercial restrictions will be
lifted. The copyright holders of this program may
make such distributions at any time.
We acknowledge that this license does not, prior to the date
on which commercial restrictions are lifted, satisfy the
commonly used definitions of "free software" or "open source".
We acknowledge that some members of the free software and open
source communities will criticize to this license on that basis.
We respectfully refuse those criticisms on the grounds that
we believe, using this and similar licenses, the public will
benefit from a greater enjoyment of software freedoms, because
more and better free software will be created. We take
special note, for example, that numerous significant free
software programs which the public enjoys today became free
software precisely because they were developed as non-free
software, and the public rights either purchased or granted
with the passage of time.
We acknowledge that it is possible to use this license
abusively, such as by setting an unreasonable date for
unrestricted release or an unreasonable price. We believe
that a proper and sufficient public response to such abuses is
to simply ignore programs so released.
Finally, we encourage the continued development and use of
open source licenses which are compatible with this license.
That is to say, we encourage open source software to be
released under terms that permit its combination with programs
under this license, even during the period of commercial
restrictions.
