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| 1 | + |
| 2 | +# Community guidelines to ensure fair rewards for OSS projects |
| 3 | + |
| 4 | +Version 0.7, 2024-07-07 |
| 5 | + |
| 6 | +Copyright Naoki Shibata 2024. https://github.com/shibatch/nofreelunch |
| 7 | + |
| 8 | +This document is licensed under [CC BY-SA 4.0](https://creativecommons.org/licenses/by-sa/4.0/). |
| 9 | + |
| 10 | + |
| 11 | +## Preface |
| 12 | + |
| 13 | +In OSS projects, software needs to be maintained continuously, and |
| 14 | +this requires a continuous effort to be devoted to the |
| 15 | +maintenance. However, OSS developers have little or no financial |
| 16 | +incentive to continue maintenance and development. As a result, OSS |
| 17 | +developers stop maintaining their projects much sooner than users |
| 18 | +expect, often abruptly. This problem is called the OSS developer |
| 19 | +"burnout" problem. |
| 20 | + |
| 21 | +The "burnout" of OSS developers is a frequently discussed topic, but |
| 22 | +the real problem is that companies that use OSS commercially do not |
| 23 | +financially support open source projects. Development and maintenance |
| 24 | +of OSS cannot proceed unless someone contributes resources, and the |
| 25 | +role of providing resources free of charge should not be imposed on |
| 26 | +those who have been developing OSS. Also, by the time each prominent |
| 27 | +OSS has achieved usable performance by commercial standards, the |
| 28 | +developers or their employers have had to bear the development |
| 29 | +resources. Even if a company does not expect continuous maintenance of |
| 30 | +OSS, it should be natural that a company that uses OSS commercially |
| 31 | +bear a part of the development resources up to that point. |
| 32 | + |
| 33 | +Let me explain in simpler language. Imagine that you are offered a |
| 34 | +free lunch somewhere. In such a case, a rather large number of people |
| 35 | +would say, "Who is covering the cost of this lunch? Let me bear the |
| 36 | +cost of what I eat." But when it comes to using OSS, the number of |
| 37 | +such people is much smaller. And then there are those who sell what is |
| 38 | +provided free of charge to others at a price. Certainly, as a free |
| 39 | +lunch provider, I don't forbid that, but isn't that making too much |
| 40 | +use of the generosity? And when I stop offering free lunch, people say |
| 41 | +I have "burned out." Is it appropriate to call it a "burnout" when the |
| 42 | +resources to provide free lunch have been exhausted? If those who are |
| 43 | +making a profit give some of it back, then I can continue to offer |
| 44 | +free lunches. I think everyone would be happier that way, don't you? |
| 45 | +This is what I mean. |
| 46 | + |
| 47 | +Unlike receiving a free lunch that has substance, downloading software |
| 48 | +may seem like less of an incentive to pay a fee because you cannot see |
| 49 | +the face of the developer and the software is only information and not |
| 50 | +substance. However, there are real people involved in the development |
| 51 | +and maintenance of the software, and real resources are committed for |
| 52 | +this purpose. |
| 53 | + |
| 54 | +Some may argue that if that is the case, then I should just make the |
| 55 | +license noncommercial. However, if I prohibit commercial use, even if |
| 56 | +conditionally, adopting the software will require complex |
| 57 | +deliberations within the company. If the company is required to pay a |
| 58 | +certain percentage of the profits earned, the paperwork for this would |
| 59 | +become cumbersome, and it would also be necessary to publish the |
| 60 | +figures on which the payment is based. A large part of these |
| 61 | +deliberations is devoted to whether and how the software can be used |
| 62 | +free of charge. Companies are, after all, profit maximizing |
| 63 | +organizations, and the conclusion tends to be that what can be used |
| 64 | +for free is used for free to the maximum extent possible, while |
| 65 | +software that is not free for commercial use is not used much. There |
| 66 | +used to be many free-of-charge software products that prohibited |
| 67 | +commercial use, but many of them were not used much and eventually |
| 68 | +abandoned. This is, in a sense, the tragedy of the commons, and |
| 69 | +capitalism cannot optimize the use of OSS. A license that prohibits |
| 70 | +commercial use does not solve the problem either. |
| 71 | + |
| 72 | +It is undeniable that OSS and free software have become popular |
| 73 | +because they can be used free of charge. But, if it says that |
| 74 | +receiving a free service does not obligate you to do anything, is it |
| 75 | +really appropriate to do absolutely nothing after receiving the free |
| 76 | +service? If something is offered free of charge as a favor, it would |
| 77 | +be better to pay for it in some cases, even if it is clearly marked |
| 78 | +free of charge. In some cases, companies are making huge profits by |
| 79 | +using OSS and free software. Isn't it strange that it is normal not to |
| 80 | +pay for the use of OSS and free software at all even in such cases? |
| 81 | +And the amount needed by OSS developers should be small enough |
| 82 | +compared to what those companies usually spend on other |
| 83 | +deals. Curiously, there seems to be a tendency to understate labor |
| 84 | +costs that have already been agreed to be paid and to overstate new |
| 85 | +costs that will be incurred and paid externally. |
| 86 | + |
| 87 | +The problem of developer "burnout" becomes a problem because there is |
| 88 | +still commercial value in the software. If the software has no value |
| 89 | +anymore, it would not be called "burnout." In such a case, the project |
| 90 | +simply "fades away" without anyone noticing. Would you continue to |
| 91 | +work if no one pays you for the work you do even though there is a |
| 92 | +demand for your work? You would quit, wouldn't you? That is not |
| 93 | +usually called "burnout." It is not nice to talk about a user's |
| 94 | +problem as if it were the developer's problem. |
| 95 | + |
| 96 | +Therefore, I believe that social benefit can be maximized by nominally |
| 97 | +allowing companies to use software free of charge for commercial use, |
| 98 | +but still increasing awareness that a portion of the profits should be |
| 99 | +returned to the project as a matter of morality. And I expect |
| 100 | +companies to create and follow such a code of conduct. |
| 101 | + |
| 102 | +Don't worry. You and companies will not be banned from this project |
| 103 | +for violation. |
| 104 | + |
| 105 | + |
| 106 | +## Positioning and purpose of these guidelines |
| 107 | + |
| 108 | +These guidelines summarize the standards of practice that the |
| 109 | +participating members of the project are expected to follow in order |
| 110 | +to facilitate the promotion and operation of the project. These |
| 111 | +guidelines are not a set of rules, and no penalties or other |
| 112 | +consequences for violations are set forth in this guideline. Each |
| 113 | +member may completely disregard these guidelines if he/she wishes. To |
| 114 | +explain a little more for those who still feel uneasy about this, we |
| 115 | +recognize that if you are only using the products of this project, it |
| 116 | +does not mean that you are participating in the community, and you do |
| 117 | +not need to concern yourself with these community guidelines at all. |
| 118 | +In addition, there is no provision in the software distribution |
| 119 | +license that prohibits removal of these guidelines in derivative |
| 120 | +projects. |
| 121 | + |
| 122 | +The primary purpose of establishing these guidelines is to encourage |
| 123 | +companies that make commercial use of OSS or free software to create |
| 124 | +and adhere to the following code of conduct : if a company is making |
| 125 | +commercial use of OSS or free software, such as bundling it with their |
| 126 | +products for sale, they should provide continuous financial support |
| 127 | +for the project while the commercial use continues. The members of |
| 128 | +this project are asked to help raise awareness to make this happen. In |
| 129 | +particular, if you participate in this project as a member of a |
| 130 | +company that makes commercial use of this software, we would greatly |
| 131 | +appreciate your understanding of the purpose of these guidelines. |
| 132 | + |
| 133 | +The second purpose is to prevent conflicts among the members. Although |
| 134 | +this project is a software development project, political discussions |
| 135 | +may be sometimes required to keep the project moving forward. Some of |
| 136 | +the guidelines summarize the items that each member is expected to |
| 137 | +follow in order to avoid conflicts among members and to promote calm |
| 138 | +and smooth discussions. |
| 139 | + |
| 140 | + |
| 141 | +## The guidelines |
| 142 | + |
| 143 | +### Striving to change perceptions about the commercial use of OSS and free software |
| 144 | + |
| 145 | +* Project members strive to promote the awareness that commercial use |
| 146 | + of open source or free software for free without any contribution is |
| 147 | + free-riding and should be avoided whenever possible. |
| 148 | + |
| 149 | +* Project members strive to promote the awareness that it is natural |
| 150 | + for companies and other organization that make a profit from the |
| 151 | + commercial use of open source or free software to return a portion |
| 152 | + of the profit to the relevant projects as long as the commercial use |
| 153 | + continues. |
| 154 | + |
| 155 | +* Project members strive to promote the awareness that it is natural |
| 156 | + for companies and other organizations that use open source or free |
| 157 | + software to contribute to relevant projects, and the organizations |
| 158 | + should give high recognition to their members who contribute to open |
| 159 | + source or free software projects on the job. |
| 160 | + |
| 161 | +* Project members strive to promote that if a company agrees with the |
| 162 | + intent of these guidelines, it should post a notice so that it can |
| 163 | + be recognized by the general public. |
| 164 | + |
| 165 | + |
| 166 | +### Compliance with laws |
| 167 | + |
| 168 | +* Each member should comply with the laws of his/her own place of |
| 169 | + residence. |
| 170 | + * Each member should abide by laws of his/her own place of residence |
| 171 | + even if the laws do not have penal provisions. |
| 172 | + |
| 173 | +* Each member should not follow any request of anti-social groups or |
| 174 | + cults. |
| 175 | + * The terms "antisocial organization" and "cult" herein refer to |
| 176 | + organizations officially recognized as such in each member's place |
| 177 | + of residence. The same applies hereinafter. |
| 178 | + |
| 179 | + |
| 180 | +### Keeping calm and logical discussion |
| 181 | + |
| 182 | +* Each member should refrain from posting a comment that is considered |
| 183 | + likely to cause strong emotions in those who read the comment. |
| 184 | + |
| 185 | +* Each member should refrain from posting a comment that is not in |
| 186 | + line with the project's objectives. |
| 187 | + |
| 188 | +* Each member of the project should not change the way he/she treats |
| 189 | + another member for any of the following reasons. |
| 190 | + * Discriminatory reasons (attributes that were determined at the |
| 191 | + time of the person's birth and cannot be changed) |
| 192 | + * Ideology or beliefs that are not relevant to the purpose of the |
| 193 | + project |
| 194 | + * Whether or not each participant belongs to an antisocial group |
| 195 | + or cult is always regarded as relevant to the purpose of the |
| 196 | + project. The project may ban a participant who is found to be a |
| 197 | + member of an anti-social organization or cult for the sole |
| 198 | + reason of his/her membership in such an organization. |
| 199 | + * Inequalities that existed in the past |
| 200 | + |
| 201 | +* Each member of the project should treat another member equally at |
| 202 | + the time the action is taken. |
| 203 | + * In principle, affirmative action is not supported in this project. |
| 204 | + Imposing disadvantages on members who do not support affirmative |
| 205 | + action is production of new inequalities and should be avoided. If |
| 206 | + affirmative action must be taken, the disadvantage for it should |
| 207 | + be borne entirely by the supporters of affirmative action. |
| 208 | + |
| 209 | + |
| 210 | +### To resolve the problem throughout the community |
| 211 | + |
| 212 | +* Each member of the project should listen sincerely to the claims of |
| 213 | + other members that there have been violations of the above items and |
| 214 | + cooperates in resolving the problem. |
| 215 | + |
| 216 | +* Project members should not leave it up to the project maintainers to |
| 217 | + resolve the problems. |
| 218 | + * The relationship between the maintainers and the other members is |
| 219 | + not that of parents and children. The mainteners only have the |
| 220 | + privileges of the websites related to the project and basically |
| 221 | + what you cannot do is not possible for the maintainers either. |
| 222 | + |
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