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ABOUT-LICENSE.md

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Some notes on the Polyform Small Business License v1.0.0

This document is meant to address some of the questions that may arise from the Polyform Small Business License v1.0.0. It is not a legally binding document, but rather a guide to help you understand the license.

Why this license?

Depending on your definition of open source, the Polyform Small Business License v1.0.0 may or may not be considered an open source license. Under the definition of the Open Source Initiative (that, to clarify, has no international jurisdiction), the Polyform Small Business License v1.0.0 is not an open source license, but rather a source-available license. Under the definition of the Free Software Foundation, the Polyform Small Business License v1.0.0 is not a free software license, but rather a non-free software license.

We have a deep-rooted commitment to the principles of open source. We believe that open source is not just a method of software development, but a movement that fosters innovation, collaboration, and transparency. It empowers developers to share their work, build on each other’s ideas, and collectively push the boundaries of what technology can achieve. However, recent trends have highlighted a concerning pattern: large corporations are leveraging open source software to generate substantial profits while contributing little to nothing back to the community. These corporations benefit enormously from the hard work and dedication of open source developers, yet they often fail to provide the financial support necessary to sustain these projects. This exploitation undermines the very foundation of open source and threatens its future sustainability.

As a result of this imbalance, we are witnessing an increase in the abandonment of open source projects. When developers are not adequately supported, they cannot maintain their projects, leading to unaddressed security vulnerabilities and a lack of ongoing development. This poses significant risks not only to the projects themselves but also to the countless other systems and applications that depend on them. We believe there is a more equitable path forward—one that ensures the sustainability of open source by aligning the interests of developers and users. By adopting the Polyform Small Business License, we aim to create a model where small businesses can freely benefit from our work, while larger entities that profit from it are encouraged to contribute back, ensuring a healthier, more resilient open source ecosystem.

For the purposes of this project, open source is defined as software that is available for individuals (but not necessarily companies or organizations) to use, modify, and contribute to, for personal or non-commercial purposes. Furthermore, initiatives and new products are central to our shared progress, so we believe that small and charitable organizations should be able to use open source software as if they were individuals.

You can read more about the license on the Polyform website.

We are not lawyers, and this is not legal advice. However, to our understanding so far, if you don't fall outside of the definition of a small business or a charitable organization, the license should be roughly equivalent to an Apache 2.0 license.

Implications

For users of the software

A rough guide on how to interpret what the license means for you:

  1. Are you a charitable organization? If so, the restrictions of the license do not apply to you. You may use the software as if it were open source software.

  2. Are you or are you working for an entity whose annual revenue exceeds $1 million USD (2019) adjusted for inflation? Or is the company you work for controlled by a company that does? If so, the restrictions of the license do apply to you. You may not use the software unless granted explicit permission by the licensor.

    • Note: If you are an individual working on a project outside the scope of your employment or affiliation with such an entity, these restrictions do not apply to you.

    • We may, and most likely will, consider granting explicit permission to use the software in these cases, as long as you support this project in a way that is proportional to the value that you receive from it, and we consider that support suitable. If you fall in this category, please reach out to us.

    • If you recently entered this category, congratulations 🎉. If you are still using the software, you may continue to do so for a grace period of 6 months. This would give you time to reach out to us and discuss you want to move forward. You have a few options:

      • You can stop using the software;

      • You can reach out to us and discuss the possibility of a licensing agreement, analogue to what was mentioned above. Note that none of your use of the software until your rights to do so ceased will be considered for the purposes of determining the value of your support; in other words, you will not be penalized for using the software before reaching this stage.

  3. Are you a small business? In other words, an entity not covered by the above two points? If so, the restrictions of the license do not apply to you currently. However, if you grow to the point where you do fall under the restrictions, and want to continue using the software, you will need to reach out to us, and the above point will apply to you.

  4. If you are in breach of the license terms:, you will be given a grace period of 32 days to rectify the breach without any further consequences. After this period, you will be considered to have breached the license, and the licensor may take action to enforce the license.

For contributors

By submitting a PR to this project you agree to release the source code under the Polyform v1.0.0 Small Business License, or any future version of an equivalent Polyform License published by Polyform