Collaborative Source license

The Collaborative Source License (CSL), also known as Collaborative Source Software(CSS)) is a software license which enforces a strong quid pro quo philospophy as opposed to other Open-Source Software licenses, originally written by Stéphane Croisier for the Jahia server.

The basic idea behind collaborative source is very simple:

To combine the best of open source and proprietary world in one simple license definition. Otherwise speaking, to provide a sustainable commercial business model based on license revenue streams for a software company while keeping most of the advantages of open source software and community based development.

License Terms

The terms are:

  • Providing free access to the source code for anyone, anywhere, at any time
  • Allowing any party to freely adapt, enhance, extend or distribute the code
  • Allowing license royalties based upon certain types of execution of the program or its derivatives (e.g. internal deployment use or commercial use)
  • Allowing developers to be rewarded for their work (for example accepting discounts on the license fee or granting to them stock-options or shares proportionally to the value of their contributions = Contribute or Pay Paradigm)

This is probably the best way to ensure the availability of high-quality, rapidly evolving software while keeping full and free access to the whole source code. Active contributors within the community will receive some fair compensations pro-rata their commitments to the project. Technology free-riders will be taxed and will need to pay a cash royalty that will finance the work of other community members. So, in summary this licensing policy is harmful only to the one who attempts to get an unfair benefit of other peoples' work. This choice is completely up to the user.

Even if the collaborative source idea is quite easy to understand at a first glance, it involves many new ideas, solves a lot of existing business issues in the open source world and allows the creation of new viable commercial business models.

Rational

  • Freely Available Source Code

The full source code of a CSS program must be freely available. There must be a well-publicized means of obtaining the source code for no more than a reasonable reproduction cost - preferably, downloading via the Internet. No royalty or other intellectual property fee may be demanded for copies, although a charge may be made for the service of creating and delivering copies. The source must be in the form produced by the original coders. Intermediate representations (such as precompiled code) are not considered to be source code, and neither is the output of any kind of "obfuscator" program.

A CSS program may require third-party software to run (e.g. libraries or interpreters) which are not released in an open source or CSS form.

Rationale: The whole point of CSS is to try to blend the advantages of open source software with the incentives of proprietary software. These advantages will be lost if the source code is not publicly and freely available.

  • Modifications Permitted

CSS programs must permit third parties to modify the software in almost any way they wish. The license may restrict source-code from being distributed in modified form only if the license allows the distribution of "patch files" with the source code for the purpose of modifying the program at build time. Modified versions or distributions shall respect the terms of the original program's license.

The only exceptions are:

  • A CSS license may require modified versions of the package to indicate that they are modified, for instance in text printed in a start-up screen.
  • A CSS license may require derived works to carry a different name or version number from the original software.
  • A CSS package may remind the user about the need for payment upon execution in a number of ways (examples include license servers and nag screens) which encourage the user to stay within the limits of the license. The license may prohibit the removal or modification of these reminders, except to add extra data relating to the modifications.

Rationale: Encouraging improvement is a good thing, but users have a right to know who is responsible for the software they are using. Authors and maintainers have reciprocal right to know what they're being asked to support and protect their reputations.

Accordingly, a collaborative-source license must guarantee that the source be readily available, but may require that it be distributed as pristine base sources plus patches. In this way, "unofficial" changes can be made available but readily distinguished from the base source.

Moreover any derived work, add-on or distribution has to take into account that the execution of the original software may be still subject to a payment.

  • License Must Not Restrict Other Software and Must Be Technology-Neutral

The license must not place restrictions on other software that is distributed along with the program. For example, the license must not insist that all other programs distributed on the same medium must be collaborative-source software. No provision of the license may be predicated on any individual technology or style of interface.

Rationale: We want CSS software to be used as widely as possible, so that it provides as much benefit as possible. Certain license restrictions prevent software being used under some circumstances where it would otherwise be used.

  • Limited Execution Charges

CSS software licenses may impose charges for the execution of the software. The exact nature of these charges and the conditions under which they are imposed will be defined by the project authors. However there may be no charge for experimental use. This includes:

  • Execution to determine if the software is suitable for a particular purpose or application.
  • Execution in the course of testing modified versions of the software.
  • Execution for the purpose of understanding the operation of the software.

Rationale: The purpose of the commercial side of the CSS is to ensure that software authors are properly compensated for their work. However this must not interfere with the rights of users to experiment with, extend and learn from the software.

  • Fee Scales Must Be Open - Prevention of Extortion Due to Vendor Lock-In

The full scale of fees for licenses must be published with the software. The fee for a particular version may only be increased in line with general price inflation in the currency used to pay the fee.

Rationale: Users must be able to predict the long-term cost of owning the software if they are to make rational choices based on value for money. The practice of "stiffing" clients who need to add users or upgrade hardware after becoming locked in to a particular package is therefore banned.

  • The license must allow a fair treatment of contributors

Users shall be able to pay their software license fees in cash or in kind. Valuation of contributions in kind shall be done according to a Time = Money equation based on a fair economical neutral basis. Only generic, reusable and value added contributions to the software project might be accepted by the software authors.

Rationale: CSS programs are released under a collaborative and community based license. What is important in CSS is that every user participates in the project pro-rata his use of the technology from one manner (cash) or the other (through additional contributions in kind such as new documentation files, new functional enhancements,...). This rule avoids technology free riders who passively use the technology others have developed without giving anything back to the community. It also provides incentives to act as a contributor and to get involved in the community.

To avoid having software editor sub valuing contributions in kind done by a third party in favour of payment in cash, the valuation process shall be done in a fair economical neutral manner. The software editor may use different forms of compensations to proportionally reward contributors pro rata the value of their contributions (e.g. discount on the license fee, stock-options, shares,...).

  • License May Only Discriminate By Purpose of Execution

CSS software must be available for use by anyone, subject to the payment of the appropriate fee. The licence conditions may not impose extra fees or limitations on any individual or group of individuals, except where required by law. Apart from legally required terms, CSS licenses may only discriminate according to the purpose of the execution of the software.

In addition CSS programs must not discriminate against modified versions or distributions. The conditions for the execution of a modified version of a package must be the same as for an unmodified version, except that the author of the modifications is free to impose extra charges and conditions within the terms of the original program's license. All parties to whom the program is then redistributed should have the same rights as those who are granted in conjunction with the original software distribution without the need for execution of an additional license by those parties .

Rationale: The ban on discrimination against modified versions prevents licenses from attempting to subvert the purpose of CSS by imposing high charges on modified versions.

The right of the author of a modified version to impose extra charges and limitations on the modified version ties in with the general right to improve an existing CSS package and be paid for doing so.

The exception for "legal requirements" is to allow licenses to comply with export controls, import duties and similar laws.

  • License Revocable Only in Self-Defense

A license to use CSS software may only be revoked under the following conditions:

  • The conditions of the license have been breached (including non-payment of fees required by the license).
  • Legal action has been initiated by the licensee against the authors of the software.

Rationale: The users should be able be secure their license acquisitions in order to prevent stiffing (see "Fee Scales" above). However the authors must be free to withdraw the benefits provided by their software if they are not being paid for it, and to defend themselves against legal action.

  • Distribution of License

The rights attached to the program must apply to all to whom the program is redistributed without the need for execution of an additional license by those parties.

Rationale: This clause is intended to forbid closing up software by indirect means such as requiring a non-disclosure agreement

See also

  • :Category:Free software
  • BSD and GPL licensing
  • GNU Lesser General Public License