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FUTO License, an alternative to Open Source™
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this post was submitted on 02 May 2025
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I'm not sure how this license would foster community contributions to the codebase, assuming that was an objective. When I say "contributor" I mean both individuals as well as corporations, in the same way that both might currently contribute to the Linux kernel (GPL) today.
As written, this license grants the user a non-exclusive license for non-commercial use. But that implies that for commercial users -- like a corporation -- they'll have to negotiate a separate license, since Futo Holdings Inc would retain the copyright. So if a corporation (or nation state entity) throws enough money at Futo Holdings Inc, they can buy their way into any sort of license terms they want, and the normie user can't complain.
This is kinda like the principal-agent problem, where the userbase and individual developers now have to trust that Futo Holdings won't do something reprehensible with the copyrights, be it licensing to certain hostile countries or whatever.
Whereas in the GPL space, individual developers still own their copyright but license their code out under a compatible license. So even Linus Torvalds cannot unilaterally relicense the Linux codebase, because he would need to seek out every copyright owner for every line of code that exists, and some of those people are already dead.
I'm personally not a fan at all of forcing individual contributors from the community into signing over copyright (or major rights thereto) or other stipulations as a condition for making the codebase better, with the exception of an indemnity that the code isn't stolen or a work-product for hire. I used GPL in the comparison above, but the permissive licenses like MIT also have similar qualities.
EDIT
Thinking about it more, would corporations even want to contribute? Imagine CorpA decides to add code, having already paid for an existing commercial license from Futo Holdings. But then CorpB -- who is CorpA's arch nemesis -- pays Futo Holdings an absurd amount of money and in return gets a commercial license that's equivalent to the WTFPL. That means CorpA's contributions are available for CorpB to use, but CorpB has zero obligation to ever contribute a line of code which CorpA could later benefit from. It becomes a battle of money, and Futo Holdings sits as the kingmaker. GPL abates this partially, if CorpA is both using and distributing code. But the Source First License v1.1 has zero mitigation for this, apart from "trust me bro".
It does inherently lean into the concept of corporate forks over community forks. A byproduct of prioritizing monetary gain. I think the license is really just a foot in the door to allow for community audits. Realistically I don't see anyone wanting to contribute to something like this unless the product has slim to no real competition.
Community audits sound great on paper, but it's something which the FOSS licenses (eg GPL, MIT) also provide. As a practical matter though, auditing has a two-fold objective: 1) identify risks so they can be quantified, and 2) mitigated. For non-commercial users in the community, an audit is high-effort with low return. And further, this license disincentives mitigation even if the audit does turn up something, because of having to sign the copyright away just to submit a bug fix.
For commercial users, auditing is more palatable, being part-and-parcel to risk management. And these commercial operations have the budget to do it, but then this license means the best way to keep improvements out of their nemesis's hands is to maintain an internal fork that never returns code to the public repo. So commercial users will have to pay more to obtain that sort of license.
All this seems harder than just using MIT code (or even GPL), if such is available. And that's exactly why I can't see myself using source-available software in a personal or professional capacity, when there's any other choice available. It seems worse off for everyone except the owner of the public repo. The license stinks of vendor lock-in, and even if I'm not the one who will pay the rent, I dogmatically will not support rent-seeking like this.