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by marcinzm 718 days ago
The FUTO license does not allow for the freedom to view, modify, and distribute the software's source code. It allows it for certain groups and activities but that is the same as not allowing it.

> You may use or modify the software only for non-commercial purposes such as personal use for research, experiment, and testing for the benefit of public knowledge, personal study, private entertainment, hobby projects, amateur pursuits, or religious observance, all without any anticipated commercial application.

This severely limits the freedom to modify the software or even use it as only certain ways of modifying it are allowed.

> Notwithstanding the above, you may not remove or obscure any functionality in the software related to payment to the Licensor in any copy you distribute to others.

This limits the ability to modify the software in any situation.

> I do think it would be more accurate to claim that software with terms limiting commercial exploitation is “open-source” per the original definition, but is not in compliance with the OSI’s Open Source Definition (OSD)

No it wouldn't be. You can read all the things said regarding free software for more history since open source was per it's original definition merely a renaming of free software.

1 comments

“The FUTO license does not allow for the freedom to view, modify, and distribute the software's source code. It allows it for certain groups and activities but that is the same as not allowing it.”

The FUTO license allows all these things but with the limitation that it not be for the purposes of:

A/ subverting the original code’s payment terms if any, or

B/ commercializing the software as a licensee without payment to the licensor

This is in clear violation of the terms of an open source license under the open-source definition (OSD)TM of the OSI.

However it does not violate the original definition of the term open source as coined by Christine Peterson who specifically did not apply any commercialization constraints in either direction in order to remain non-political.

She simply claimed the term "open source" was intended to highlight the importance of making source code available for use, modification, and distribution without the political connotations of "free software"

The constraints against limiting commercialization were introduced by the OSI in their definition, in my opinion based on influence from their closed-source big tech financial sponsors.