This is interesting, but I wonder about how the threshold will be interpreted.
First, the revenue is a fixed number, this is usually a bad idea in contracts that will last a long time. There should be some adjustable indexing going on.
Second, the revenue number is in USD, this is probably less of an issue, but still creates ambiguity. What if revenue is reported in a different currency? Do we use an exchange rate? Which one? At what point in time do we choose the exchange rate? At the time revenue is reported? At the time the license comes into effect? Unclear.
Third, there are probably ways of skirting thresholds by artificially manipulating your corporate structure through subsidiaries etc., changing both revenue and headcount. How would that be solved?
Fourth, how is labor measured? By average salary? By specific salary? What counts as labor on the project? Who approves the labor? This also adds management and accounting overhead to the open source project, which isn't great.
I applaud the efforts, but I see some challenges in using the license. I hope these issues can be answered!
Yeah, these are all valid concerns. Thanks for the feedback.
1. Revenue should not be a fixed number. Consider adjustable indexing as a solution as you mentioned.
2. The revenue in USD was for modelling only. Anyone can change this based on their locale and pick their own currency as their laws permit.
3. Good point and these need to be considered, maybe there is a clause or something that can be added to cover this. Will look into it.
4. You as the repo or project owner make those decisions. That’s not for the license to decide I believe. “This also adds management and accounting overhead to the open source project, which isn't great.” there are plenty of software that handles this. Probably even some open source ones that could solve these hurdles.
I've converted license to plain text instead of markdown and have added: anti-evasion clause, affiliate aggregation rules, audit rights, gross attributable revenue, closed some loopholes, democratic governance process (with public comment), procurement alignment language and incentive-fit structures. Would be great to get anymore feedback.
I think it needs more detail but I like the idea.
What detail do you need?
This is interesting, but I wonder about how the threshold will be interpreted.
First, the revenue is a fixed number, this is usually a bad idea in contracts that will last a long time. There should be some adjustable indexing going on.
Second, the revenue number is in USD, this is probably less of an issue, but still creates ambiguity. What if revenue is reported in a different currency? Do we use an exchange rate? Which one? At what point in time do we choose the exchange rate? At the time revenue is reported? At the time the license comes into effect? Unclear.
Third, there are probably ways of skirting thresholds by artificially manipulating your corporate structure through subsidiaries etc., changing both revenue and headcount. How would that be solved?
Fourth, how is labor measured? By average salary? By specific salary? What counts as labor on the project? Who approves the labor? This also adds management and accounting overhead to the open source project, which isn't great.
I applaud the efforts, but I see some challenges in using the license. I hope these issues can be answered!
Yeah, these are all valid concerns. Thanks for the feedback.
1. Revenue should not be a fixed number. Consider adjustable indexing as a solution as you mentioned. 2. The revenue in USD was for modelling only. Anyone can change this based on their locale and pick their own currency as their laws permit. 3. Good point and these need to be considered, maybe there is a clause or something that can be added to cover this. Will look into it. 4. You as the repo or project owner make those decisions. That’s not for the license to decide I believe. “This also adds management and accounting overhead to the open source project, which isn't great.” there are plenty of software that handles this. Probably even some open source ones that could solve these hurdles.
I've converted license to plain text instead of markdown and have added: anti-evasion clause, affiliate aggregation rules, audit rights, gross attributable revenue, closed some loopholes, democratic governance process (with public comment), procurement alignment language and incentive-fit structures. Would be great to get anymore feedback.