The Third Decade of Open SOurce

Open Source:
The Third Decade
February 3, 2018 - FOSDEM, Brussels
Simon Phipps, webmink@opensource.org · https://opensource.org

Origins
Before Open Source
Open Source Is Free Software

Open Source Is 20 Years Old
“Open Source” is the proper name of a
campaign to promote the pre-existing concept
of Free Software to business, and to certify
licenses to a rule set.
Christine Peterson … suggested “Open Source”
as a way to promote Free Software without the
stigma of “free” in the English language.
Bruce Perens1
, Co-Founder of the Open Source Initiative
1: https://perens.com/2017/09/26/on-usage-of-the-phrase-open-source/

Open Source
let software users and developers
advance software freedom
at work as well as in private

The First
Decade
Upstart Advocacy
Open Source Licensing
Open Source Business Models
Open Source 1998-2008
Advocacy & Controversy

Open Source
Initiative
OSI is the steward of the Open Source
Definition and the community-recognized body
for reviewing and approving open source
licenses.
The Open Source Initiative (OSI) is a non-profit
corporation, founded in 1998 with global scope,
formed to educate about and advocate for the
benefits of open source and to build bridges
among different constituencies in the open source
community.
Open source enables a development method for
software that harnesses the power of distributed
peer review and transparency of process. The
promise of open source is higher quality, better
reliability, greater flexibility, lower cost, and an
end to predatory vendor lock-in.
®

Decade One Timeline - Advocacy & Controversy
1998 Term coined as rebrand for software freedom; OSI formed
1999 Open Source Definition published: licenses standardised
2000 Most open source is a proprietary replacement
2001 “Linux is a cancer” - Microsoft1
2002 Rush of new licenses
2003 SCO sues IBM over Linux2
2004 Last of Microsoft’s “Halloween Documents”
2005 Unix now open source (Sun Solaris)
2006 Open Standards Requirement (OSR) published
2007 Java now open source
2008 Most CIOs understand open source as a benefit

What Made Open Source Licensing Succeed?
● Crystallization of Consensus
● Multilateral vs Unilateral
● Creating Safe Spaces

Crystallization of Consensus
● The License Review Process triggered business adoption of open source
● OSI is not “King” - it is “Speaker of the House”
● Open discussion leads to license improvement
● Approval consensus then crystallized via OSI Board approval

“A license describes the
environment for a business
relationship”
Corporate Lawyer
Bilateral?

"Licenses are constitutions
for communities"
Eben Moglen
Multilateral!

Open source licenses
are the
multilateral consensus
of the
permissions and norms
for a
community

Creating Safe Spaces
● Mitigating Control Points
● Business model isolation
● Code for the unknown others

Mitigating Ownership Of
Control Points
&

Open Source Business Models
● Old Stuff In A New Box
● New Stuff In An Old Box
● Monetising service
● Assembling complex systems

The Second
Decade
Broad Enterprise Adoption
Software Patents
GPL Enforcement
Adoption & Ascendancy

Decade Two - Adoption & Ascendancy
2008 Most open source is “hidden” infrastructure
:
2011 Open source enabling web service business wave
:
2013 Open source powering cloud/container revolution
:
2015 “Microsoft Linux”
:
2017 Open source at the heart of most new software

Breaking The Safe Space
Patents break the safe space on which open source depends:
● Developers must seek permission before innovating
○ … for royalties on inbound patents
○ … for inadvertently licensing outbound patents
● Developers mistrust the motivations of others
● Developers avoid standards where patents may apply
(FRAND)

Use Modern Open Source Licenses
● Old licenses have no explicit patent
treatment
○ Example: BSD
● Possible implied license inadequate for
certainty
● New use of BSD etc may signal reservation
of royalty claim and/or right to sue

SEP & FRAND
The problem was not in fact settled in Decade Two.
The wireless industry and the technology industry have
different standardisation models:
● Wireless industry specifies, bids solutions, standardises
best of breed, recovers cost through patent licensing
● ICT industry implements, competes, commoditises,
standardises royalty free to harmonise
These are orthogonal! Conflict is inevitable and emerging.

Compliance
● The copyright license is only valid if you comply with
its conditions
● License violators are pirates
● Reciprocity is not the only compliance requirement
● Attribution is also required for a valid license in some
cases
● Attribution compliance will be a big deal this decade

Open Source's Real Value
● Innovate without needing to ask first
● Start where others reached
● Stay in control of your own resources
● Share upkeep of your innovation
● Influence global ecosystems
● Be protected from others doing the same
● All derived from software freedom

New Technologies
Only Possible
With Open Source

Permissionless1
Cloud Scaling
Flexibility
1: i.e. there was no need to ask permission; it was granted in advance

Permissionless
IoT Device
Firmware

The Third
Decade
Assimilation & Authenticity

The OSI Affiliate Program
allows non-profit and
not-for-profit organizations
to become OSI members.
Affiliate membership is an
ideal way for open source
projects and the
communities that support
them to support the
mission of the OSI and
contribute to the continued
awareness and adoption of
open source software.
Affiliate
Membership
A “who’s who” of
open source communities

3rd Decade Predictions
1. Change of community styles
2. End of single-project companies
3. Licensing stabilisation & consolidation
4. Rediscovery of software freedom
5. New applications for OSI’s Crystallisation of Consensus

1. Community Styles
First decade: enthusiasts & interest-focussed projects
Second decade: professional specialists in charities
Third decade: professional generalists in consortia

> Create Cultures Of Contribution
● Contribution leverages all IP for growth & innovation, not
just what’s licensable
● Contribution results in others maintaining your
innovation, freeing you for more
● Contribution seeds the innovation of others, allowing you
to benefit from those not on your team

2. Single Project Companies
First decade: “Open Source Business Models”
Second decade: Release-train vs release-when-ready
Third decade: Differentiation by managing complexity

> Complex assembly of simple parts

The know-how to put it together, make it work at
scale and keep it working is today’s open source
monetizable advantage.

3. License Consolidation
First decade: Everyone wants a license of their own
Second decade: Reciprocity compliance is the problem
Third decade: Attribution is the problem too

> Automate & Accumulate
● Accumulate author acknowledgement history (BSD, MIT
etc) as well as ensuring GPL compliance
● Add continuous compliance to continuous integration.
● Use only OSI-approved licenses

4. Rediscovery of software freedom
First decade: Open source as amoral methodology
Second decade: Open source as pragmatism
Third decade: Ethical compass solves new applications
of open source (cloud, containers, coins)
Or B: repeat all the old mistakes...

5. New Roles for OSI
Crystallising consensus...
First decade: ...on licenses
Second decade: ...against licenses
Third decade: ...on communities and authenticity

> Join (c)(3)s as well as (c)(6)s
● “Trade Associations” like Linux Foundation and
OpenStack are the new normal
● But open source relies on the community charities like
OSI, FSF and Software Freedom Conservancy too
● So please remember to support and promote them!

Third Decade Lifestyle
> Create Cultures Of Contribution
> Compliance: Automate & Accumulate
> Cherish Software Freedom
> Cultivate (c)(3)s as well as (c)(6)s

Conclusions
● Software freedom remains the essential core of software
projects that succeed.
● The future of open source is the future of software
freedom. What unites us must overshadow differences if
we are to avoid its abridgement.
● The third decade of open source needs those who have
done to pass on experience to those who will do.
● And of course! https://opensource.org/join

OSI Birthday photo page 57 by Patrick Masson, used with permission
Contact e-mail: president@opensource.org
© 2018, Simon Phipps Licensed under Creative Commons CC-BY-SA-4.0

The Third Decade of Open SOurce

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