Navigating Tomorrow: Emerging Trends in Open-Source Licensing
Fernando Adrián García Marc
CLO @ Fossity | Legal Design Consultant @ Sencillex
Open-source software has been a driving force in the tech industry, fostering collaboration, innovation, and community-driven development. As the landscape evolves, new trends in open-source licensing are emerging, shaping the future of how software is shared, used, and protected. In this article, we delve into some of the notable trends that are gaining traction.
Permissive Open-Source Licenses Continue to Trend
Permissive open-source licenses are becoming increasingly popular. These licenses place minimal restrictions on how others can use open-source components. They permit varying degrees of freedom to use, modify, and redistribute open-source code, and they allow the use of permissive-licensed open-source components in proprietary derivative works, requiring nearly nothing in return. As open-source usage has become common practice in organizations, and open-source libraries dominate most corporations’ codebases, companies are showing a clear preference for components with permissive licenses because they place minimal limitations on the users. When it comes to open-source creators — as demand for permissive licenses rises, so does the supply. Creators attach permissive licenses to their open-source projects because they want to reach as wide an audience as possible. According to Mend’s research team, 78% of open-source components have permissive licenses(1). That’s a 2% rise from last year’s 76%.Only 22% of open-source licenses are copyleft, compared to 24% last year(1).
Emerging Open-Source License Models
In recent years, new open-source license models have emerged. These licenses are designed to address specific issues that are not covered by existing open-source licenses. For example, the Business Source License (BSL) is a new open-source license model that allows companies to use open-source software for free, but only for a limited time. After that, they must pay for a commercial license. This license model is designed to help companies that want to use open-source software but are concerned about the long-term viability of the project. Another example is the Fair Source License (FSL), which is designed to address the issue of companies using open-source software without contributing back to the community.The FSL requires companies to contribute back to the community if they use the software for commercial purpose(2).
License Tailoring for Specific Industries
A notable shift is the emergence of licenses tailored to specific industries or use cases. Developers are recognizing that one-size-fits-all licenses may not adequately address the unique needs of certain sectors. For example, the Cryptographic Autonomy License (CAL) is designed to address issues related to data privacy and control in the era of blockchain and decentralized technologies. This trend reflects a growing awareness of the need for nuanced licensing to accommodate diverse technological landscapes.
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Adoption of Standardization Efforts
Standardization efforts in open-source licensing are gaining momentum. The OpenChain Project, for instance, aims to establish a standard for open-source compliance within organizations. Standardization can simplify the process of managing open-source software and ensure that organizations are aware of and compliant with the licenses associated with the software they use. This trend reflects a maturation of the open-source ecosystem and a recognition of the need for clear and consistent practices.
Summing up
The evolving trends in open-source licensing underscore the dynamic nature of the software development landscape. Permissive licenses, industry-specific approaches, sustainability considerations, license compatibility efforts, the reconciliation of copyleft principles with business needs, and standardization initiatives are shaping the future of open-source licensing. As the community navigates these trends, it is crucial to strike a balance between fostering innovation and collaboration while addressing the practical challenges that arise in an ever-changing technological landscape. Open-source, with its ethos of transparency and inclusivity, remains a driving force, and the evolution of licensing trends reflects the ongoing commitment to ensuring its vitality and relevance in the years to come.
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