Open Source or Closed Source? That's the debate we're used to seeing. But what about Fair Code - which is much less well known to the general public.

This article examines its emergence in the face of open source, looking at the differences and similarities between them, and putting their future into perspective.

Understanding the Fair Code

What is the Fair Code?

Fair Code is an emerging model in the world of software development. Born of the need to strike a balance between Open Source principles and economic viability, Fair Code allows the use and modification of source code while imposing certain restrictions, often linked to commercialization.

Fair Code licenses

The Fair Code model is distinguished by its specific licenses, designed to balance the needs of open collaboration and commercial viability. These licenses allow flexible use and modification of the source code, while setting limits, particularly with regard to commercialization. Here's an overview of Fair Code licenses:

Business Source License (BSL)

The Business Source License (BSL ) is a pioneering example of Fair Code licensing. Initially proposed by MariaDB, the BSL allows free use of the source code while limiting the ability to offer a commercial version of the software. After a defined period, BSL software is converted to an Open Source license, guaranteeing long-term openness.

Commons Clause with OSI-Approved Open Source License

The Commons Clause can be added to any Open Source license approved by the Open Source Initiative (OSI). It aims to restrict the sale of products or services that include the software concerned, while preserving the other freedoms typical of Open Source.

Confluent Community License

The Confluent Community License is specific to Confluent and its products. It allows free use and modification of the code, but restricts competing commercial use, especially in cloud services.

Elastic License 2.0 (ELv2)

Elastic License 2.0 (ELv2) is a license introduced by Elastic. It offers almost complete use of the code, but limits its commercialization, particularly in cloud service environments. ELv2 aims to protect Elastic's business model while offering flexibility to users and contributors.

Server Side Public License (SSPL)

The Server Side Public License (SSPL) was introduced by MongoDB. This license is similar to the GPL, but with an additional condition requiring that any improvements to the software must also be available under the same license when used to provide a service to the public.

Sustainable Use License

The Sustainable Use License, used by n8n, is another form of Fair Code license. It aims to guarantee sustainable use of the software, by allowing modification and distribution, but restricting certain commercial uses, particularly in cloud environments.

Each of these licenses reflects a nuanced approach to Fair Code, seeking to balance the benefits of Open Source with the need to protect commercial interests. By choosing a Fair Code license, developers and companies can foster open collaboration while retaining a certain level of control over the commercial use of their creations.

The rise and future of Fair Code

Fair Code is gaining in popularity, especially among startups seeking to protect their intellectual property while benefiting from collaborative innovation. Its future looks bright, with a growing number of companies adopting this model.

Deciphering Open Source

What is Open Source?

Open Source is a movement based on the freedom to access, modify and distribute software source code. It is supported by licenses such as the GNU General Public License (GPL), which guarantee these freedoms.

Open source projects offer many advantages, not least code transparency and the ability to host data on your own servers and apply your own monitoring and security rules.

This model also enables companies to access the code and adapt it to their specific needs if required.

Open Source issues

Despite its advantages, open source faces numerous challenges in terms of monetization and financial sustainability, as well as issues related to maintenance, security, intellectual property rights management, and variability in software quality. These challenges affect the durability and efficiency of open source projects.

Comparison and future prospects

Points of Convergence and Divergence

Fair Code and Open Source share a spirit of collaboration and innovation. However, they differ on the management of commercial rights, with Fair Code offering more control to developers.

Will Fair Code replace Open Source?

Replacing Open Source with Fair Code is unlikely in the short term. Global dependence on established Open Source software and the legal limitations associated with license changes make a rapid transition difficult. Although Fair Code is gaining in popularity, especially for new projects, the lack of fully developed Fair Code licenses and the deep-rootedness of Open Source in today's software infrastructure mean that this major change is not imminent.

Choice of License: n8n for Case Study

n8n' s choice of license illustrates the challenges of the Open Source model in a commercial context. Fearing competition from third-party services that could exploit his software for free, n8n's founder rejected the open-core approach and opted for the Apache version 2 license with Commons Clause. This decision sparked debate on the definition of open source, leading to the coining of the term "fair-code". Fair-code aims to balance free and open access to software while restricting its commercialization, offering a viable solution for software creators seeking to maintain financial viability and control over their work.

Conclusion

Fair Code and Open Source will continue to play crucial roles in software development. While Open Source remains a pillar of collaboration and innovation, Fair Code presents itself as a viable alternative for those seeking a balance between openness and commercial protection.