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by conartist6 19 days ago
>Are there any licenses or contracts that a project could use and would hold up in court that they need to stay FOSS forever?

I don't understand, the existing licenses say that, and courts uphold them to say that. If a company has given code to you under an OSS license, that code is yours under that license forever. There'd be no point in trying to bind a person to give you all their future creative output for free just because they had given some of it to you for free. That'd be awful! And anyway we don't need courts to fix this because people can fix it just by helping each other maintain open software

1 comments

What I meant was the project would stay FOSS forever, so that would mean all future updates including features, bug fixes, and patches. My understanding is the license can be changed at any time so then you would only have FOSS access for the code up until the point in time the license changed.

That said, I completely agree that there’s a better solution.

Unless you literally own me, how would you possibly prevent me from doing new work without giving it to you? Even if I were under an employment contract that assigns all my intellectual property to you, as a free person I would be free to quit that job and cease giving you any further IP.

For the record that my suspicion is that bug fixes to open code are very likely not copyrightable due to the principle of convergence, though I am not a lawyer and to my knowledge this issue has never been tested in court. New features would very much be copyrightable.