Hi Frank,

That's a great post (and the Mailpile post is also a great discussion of
the topic), thanks for sharing.

The GPL already has a clause which allows the owner (and downstream user)
to defer, for 12 months, the full obligations of GPL - see this guy's take:
https://github.com/zooko/tgppl/blob/master/COPYING.TGPPL-v2-draft.rst

Our idea is a bit more startup-friendly - on the commercial side of the
dual license, everyone can keep their improvements/extensions closed for up
to the full duration of the time-bomb, but they then have to give it all
back.

As to enforceability, I'm guessing copying the language of GPL is hopefully
sufficient. These things are rarely tested as far as I know, but I'm sure
someone knows better than me.

Appreciate the feedback,

Fergal

On Fri, Jun 5, 2015 at 12:53 PM, Franklin M. Siler <m...@franksiler.com>
wrote:

> On Jun 5, 2015, at 0517, Fergal Byrne <fergalbyrnedub...@gmail.com> wrote:
>
> > An old-school C++ dev and I have started an initiative to combine the
> best of Open Source with a limited commercial license. It's not a new idea
> - MySQL creator Monty Widenius thought of something less viral in 2013 [1].
> >
> > The Time-Bombed Open License [2] is the commercial side of a
> dual-licensed project, best paired with something strongly viral like GPL.
> Essentially, the project owner has 2 (up to 4) years to commercialise their
> product and then must go fully Open Source. The license is viral, so any
> commercial licensees must also use the TBOL and eventually open up their
> derived products.
> >
> > One major idea is to foster a culture of disruption of exploitative
> industries. If you can develop software to disrupt in your local market,
> your innovation can be used similarly by others elsewhere, and each new
> startup can improve on your work while earning their keep. Eventually, all
> derived products become Open Source and are free to all.
> >
> > We'd appreciate any comments, feedback and assistance from the wonderful
> Clojure community - we're up on twitter at @OccupyStartups.
>
> I’ve written a lawyer friend who does more than I do with licensing; I
> teach in this area but don’t normally advise clients on it.  I would be
> concerned that a court might not apply the license as intended, but then of
> course- you’d have to analyze whether these things ever wind up in front of
> a judge.
>
> This timed scheme seems like an overcomplicated way of achieving the
> desired result.  It would be simpler, and less restrictive on the dev, to
> simply escrow your source.  If you should become unable to support the
> software, the escrow agent is directed to publicize the source.
>
> I wrote a bit more about related issues for Mailpile:
> http://franksiler.com/on-choosing-open-licenses/
>
> Frank
>
>
>
> Franklin M. Siler
> Counselor at Law    |||   franksiler.com
>
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-- 

Fergal Byrne, Brenter IT

http://inbits.com - Better Living through Thoughtful Technology
http://ie.linkedin.com/in/fergbyrne/ - https://github.com/fergalbyrne

Founder of Clortex: HTM in Clojure -
https://github.com/nupic-community/clortex

Author, Real Machine Intelligence with Clortex and NuPIC
Read for free or buy the book at https://leanpub.com/realsmartmachines

e:fergalbyrnedub...@gmail.com t:+353 83 4214179
Join the quest for Machine Intelligence at http://numenta.org
Formerly of Adnet edi...@adnet.ie http://www.adnet.ie

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