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Grayjay is not Open Source
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this post was submitted on 19 Oct 2023
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Interestingly, the OSI seems to argue that noncommercial is a violation of the 6th clause, rather than the 1st or 5th.
Thank you, that is a good find. The other person I've been talking to hasn't been able to cite anything from them. I've updated my top-level comment with this info.
Interestingly, I wonder if they distinguish commercial use from commercial distribution, which the author is talking about. Not allowing someone to use the software as a business is very different from not allowing them to sell it as a product.
edit: Reading more into this, I do think this is about prohibiting use of software by commercial entities, not prohibiting entities from selling the software. Apparently this is actually a point of disputation within the community, with people like Richard Stallman insisting that you can prohibit commercial redistribution and be Open Source.
This makes sense as to why Clause 1 only asserts that it must be freely-redistributable when bundled together with software from other sources.
It's that simple. Any attempt to restrict who can use the software, and how they can use it, renders it OSD incompatible. Chiefly, with this:
Yes, but using software is different than distributing it. Running code on my computer vs selling it.
If I tell a business, "hey, I don't like capitalism, so you can't install the software", that's very analogous to the other ethical clauses they're talking about (usually clauses that prohibit use by LEOs and military). There is a clause about redistribution (1), and it expressly specifies that it applies to "aggregate software distribution containing programs from several different sources", not single, standalone works.
That is a weird way of wording it. In practice I doubt there are any OSI-approved licenses that prohibit standalone commercial distribution. If there were, you could trivially comply by just including a "hello world" program to make it an aggregate distribution.