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by Eliah_Lakhin 708 days ago
The free/open-source movement has greatly benefited society by encouraging people to overcome their fears and start distributing their work in the form of source code rather than just precompiled binaries ("closed source").

However, the core idea of sharing source code is not exclusive to the FOSS movement. This concept aligns with the original intentions of the Berne Convention. The United States adopted the Berne Convention relatively late, in the late 80s if I'm not mistaken. Before this adoption, source code made publicly available without prior copyright registration procedures was effectively considered public domain. This situation allowed businesses and startups to exploit these sources to create closed-source commercial products without crediting the original authors.

The Berne Convention was a game changer. It introduced a new rule that simply making source code publicly available automatically grants the author exclusive copyright of their work, without any bureaucratic hurdles.

This rule opened up new possibilities for programmers to create open-source projects in the broadest sense. Nevertheless, due to historical reasons, it was not an easy task for the public to understand this new reality. The FOSS movement worked hard to convince people that publishing software in source form is perfectly fine.

However, the free-software philosophy can be quite restrictive compared to what the Berne Convention actually allows authors to do with their work. This ideology is so pervasive today that many programmers believe that publishing source code must involve using an OSI-approved (F)OSS license. Any deviation from this is often seen as supporting outdated business models and harming the programming community's ability to share their work with the public.

These misconceptions likely arise because the FOSS movement has taken the lead in promoting the principles of the Berne Convention, adding its ideological restrictions. The rarely acknowledged truth is that the Berne Convention offers a wide range of possibilities that could benefit the community of authors more than big-tech corporations. The Four Freedoms of Free Software significantly restrict these options for authors.

More importantly, big businesses have already adapted to this new reality and are utilizing this philosophy to their advantage.

2 comments

I’m not sure how many people think they can’t publish in some source available fashion. But they want to call it open source and while they can many people, including myself, think that’s at least mildly misleading.
Just publish it as "source available", there is no FOSS police that will force you to change the licence. Some people will complain, but you can politely ignore their request.