[nulagrithom]

No, it has nothing to do with "amateurs". Whether the source is open and what the license dictates are two wholly different things. The danger is exactly in conflating the two.

Take for example the NPOSL-3.0:

A variant of the Open Software License 3.0, this license requires that the organization using it is a non-profit and that no revenue is generated from sale of the software, support or services.

https://tldrlegal.com/license/non-profit-open-software-licen...

The source is open, but you can't use it outside of non-profit orgs. It's "Open Source™", it's approved by OSI, and it can still get you in legal trouble.

[cyphar]

Huh, how on earth did that get approved. It violates Section 6 of the definition: "No Discrimination Against Fields of Endeavor" (which specifically has the example of discrimination by disallowing software use within a business).

Personally I never liked the OSI's definition of "open source", and the FSF definition of free software has always felt (for me) to be far more fundamental.

[candeira]

If you never liked the OSI's definition of "open source", what do you think about the Debian Free Software Guidelines?

About the discrimination of fields of endeavour, please read the sibling comment to yours. I think you and the grandparent have both misunderstood the license.

[cyphar]

I went and re-read Section 17 (the only section that is different from the OSLv3) and yeah it looks like tl;dr legal misrepresents what the license requires. Effectively, it requires that if you redistribute it and want to do so under the NP-OSLv3 you must make a declaration that you're a non-profit and so on -- otherwise you must distribute it under the OSLv3 and clearly state this is the case. (I don't really see the benefit of such a license, but each to their own.)

Looks like I was wrong. Regarding the DFSG, I think it was necessary (according to Bruce Parens it was the DFSG which convinced Stallman to distribute his four freedoms definition more widely). I think the DFSG is a decent set of guidelines that help avoid legal trouble for Debian by having clear requirements, but I don't think it's a good definition for a movement's primary purpose. In many ways the DFSG and OSD can be seen as re-statements of the four freedoms but without any strong justification for why these particular conditions are necessary for a license to be good -- the four freedoms can be explained by explaining how each freedom is necessary to ensure that users have control over their computers.

For an example of why having strong fundamentals is important, the OSD doesn't really have a stance on DRM -- while the free software definition clearly does (even though it predates any modern concepts of DRM).

[candeira]

Thanks for changing your mind on receiving new information.

DFSG and the OSD are essentially the same thing, having been written both of them by Bruce Perens. Main difference is that Debian doesn't certify licenses: they ship software, so they look at the whole packages, so to speak. OSI only certify licenses, they don't ship software.

As to what the DFSG and OSD do that the FSF four principles don't, I think they are more detailed set of rules one can apply when trying to figure out whether some software is free or not. IMHO, the FSF principles are less operationally useful, despite describing categorically the same set of software.

[cyphar]

> DFSG and the OSD are essentially the same thing, having been written both of them by Bruce Perens.

Right, and I knew this is what you were getting at. I guess my main point is that having a working guideline for acceptable licenses for a distribution makes complete sense (after all of the moral viewpoints have been debated to death you have to ship some code eventually), but using those guidelines as the basis of a movement doesn't really (at least not as much as basing a movement on an a set of ethical axioms). So I would say I favour the DFSG over the OSD purely because of what it is used for and represents, rather than because of the (almost non-existent) differences between the two texts.

But of course, I'm biased since I'm far more in the "free software" camp than I am in the "open source" camp -- purely because I think bringing it back to discussions of ethics is quite important (perhaps more than ever).

[candeira]

You've misinterpreted the license. What it says is that the licensOR (not the licensEE) is a non-profit. That is, by publishing your original software under the NPOSL, you claim that you are a non-profit organisation. That's it.

Nowhere does the license say that you can't use the code outside non-profit orgs. In fact 17.d says very clearly that if you're not a non-profit, you are allowed to distribute your modified works, but under the original OSL license, not the NPOSL. So you can use, modify it and distribute it, only with a complication in the licensing.

The other amendment the NPOSL adds is where the original OSL gives a grant of patents and a warranty of provenance, and the NPOSL explicitly doesn't, because it's designed for non-profit companies, which have no money, so it's intended to reduce legal exposure.

It's a Free Software license in my opinion, and I bet you a drink that Stallman and the FSF would consider one too, even if they would not recommend using it.

Also note that the license's author is Laurence Rosen, who was General Counsel of the OSI, knows more about software licensing than most people, and who explains the details and rationale of the NPOSL in [1]

[1] https://rosenlaw.com/OSL3.0-explained.htm

If you have any other license that's OSI-certified and you think is non-free according to the principles of the FSF, I'm interested in learning about it.

One thing to take into account, though, is that the OSI is a certification body, and the FSF isn't.

Thhis means that the list of Open Source (according to the OSI) licenses is closed and published on their site. The FSF gives a set of principles and also publishes a list of licenses with some analysis, but the FSF's list is non-exhaustive, nor does it pretend to be. There are infinite potential free licenses that the FSF will not list, because its doesn't count license certification as one of its goals.