[Bartweiss]

> I could make a product, you can use it for free, I will try to make money selling consulting services around the product (you can compete with me on that!) just don't sell the software.

I agree that even if it's not FOSS, this is a healthy and reasonable way to profit from software. Unfortunately, the Commons Clause explicitly forbids this healthy use.

“Sell” means...to provide to third parties, for a fee or other consideration (including without limitation fees for hosting or consulting/ support services related to the Software), a product or service whose value derives, entirely or substantially, from the functionality of the Software

Imagine that you create new a new project greatly improving Commons Clause software, offer it for free, and offer paid consulting exclusively on your project, while refusing any work that involves consulting about the code you didn't write. That would still violate the license, which says that only the original license holder can do consulting on anything that's substantially derived from the core code. As written, there's no way at all to make money downstream from Commons Clause code, no matter how much value you add.