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Can an Open Source Project Be Acquired? 336

prostoalex writes "Can an open source project be acquired? ZDNet's Between The Lines says yes, one just did. Software startup JasperSoft acquired Sourceforge-based project JasperReports, which involved acquiring the copyrights and hiring the lead developer for the project." I guess the point he tries to make is that the new corporate overloads can essentially have a free and non-free version of the code, and more or less orphan the free version. The problem of course is that if the non-free version gets good, others will simply fork.
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Can an Open Source Project Be Acquired?

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  • by Anonymous Coward on Tuesday April 26, 2005 @11:18AM (#12348316)
    We've always known that an author can remove the license on software they wrote. Of course, that doesn't change YOUR license, and they do still need to provide access to the source if it was under the GPL, specifically, when you got it. However, they're under no obligation to give you updates or changes from future versions of their own code.

    So, the corporate buyout angle is a red herring. This is no different from any developer taking their ball and going home.
  • No Problem (Score:5, Interesting)

    by mfh ( 56 ) on Tuesday April 26, 2005 @11:22AM (#12348363) Homepage Journal
    He's talking about the problem that exists when a company acquires an open source project to close it -- but it can't ever truly be closed now can it.

    The problem of course is that if the non-free version gets good, others will simply fork.

    That's only the problem for the company that bought it. It's no problem for any of us to take the open source version and de-orphan it. Having a deep pocket benefactor is actually a positive for open source. Look at IBM. They haven't acquired rights to anything yet, but in the future they may start buying up Open Source projects... you never know.

    But acquiring an open source project can be a solid benefit for any business. This is good when companies take an open source project and fully fund it. That's part of the Open Source dream, IMHO. Money can still be made on services!

    Who cares if it's forked into a closed area? There still is the old source to build on!
  • by Inkieminstrel ( 812132 ) on Tuesday April 26, 2005 @11:22AM (#12348370) Homepage
    Doesn't it also depend on the size of the project and consent of contributors?

    I mean sure for a handful of developers on a small project it'd be pretty easy to acquire the project, assuming none of them were OS zealots. However, good luck trying to acquire something as big as, say, the Linux kernel.
  • by dominator ( 61418 ) on Tuesday April 26, 2005 @11:23AM (#12348374) Homepage
    If you are a copyright holder, you've always been able to reassign copyright or relicense your work. This is not earth-shattering news just because it's a FOSS work being relicensed. Relicensing FOSS code is far more common than you'd think.

    The good thing here is that the original work is still covered under the TOCs of its original FOSS license, so the original author and others can continue making improvements and otherwise maintain the software.

    Otherwise, move along. Nothing to see here.
  • by Noctrnl ( 110574 ) on Tuesday April 26, 2005 @11:24AM (#12348389)
    Ok, so, a company bought up an open source project and put the lead developer on the payroll... How is this an inherently bad thing? Yes, I'm fundamentally pro-OSS, but one of the basic ideas is that it makes for better code. It just seems like the purchasing company in this case is taking a step in that direction by buying up a good project and paying a good developer.

    Having said all that; I really hope it's not a continuing trend.
  • Indeed (Score:0, Interesting)

    by PsychicX ( 866028 ) on Tuesday April 26, 2005 @11:28AM (#12348436)
    Yep, just like Ximian got acquired by Novell and now ships free and non free versions. Or perhaps like Sun's StarOffice and OpenOffice. But nobody seems particularly miffed about StarOffice. It's supposed to be better than OpenOffice so that people will use it instead, right? Come to think of it, SuSE got 'acquired' by Novell too. Where's their non free version? Stop screaming wolf slashdot. It's not "News for Nerds. Stuff that matters." anymore. None of this matters, and real nerds, who are supposedly smart people, can hopefully see through the massive ongoing FUD machine that is Slashdot.
  • Re:No Problem (Score:5, Interesting)

    by KarmaMB84 ( 743001 ) on Tuesday April 26, 2005 @11:35AM (#12348501)
    And what happens when the lead developer only works on the closed version? Realisticly, most open source projects will die off if the core dev(s) stop working on it. The forking idea is a fantasy for anything other than the most important/popular projects like X.org/XFree86.
  • Re:I'm sorry, what? (Score:5, Interesting)

    by sylvandb ( 308927 ) on Tuesday April 26, 2005 @11:36AM (#12348524) Homepage Journal
    Sometimes the code for an open source project pretty much just disappears. I'd say that makes the open version much worse off than the closed version.

    http://dvarchive.sf.net/ [sf.net] or http://www.sf.net/projects/dvarchive/ [sf.net]

    It was GPL licensed, but the original author changed the license terms and managed to get sourceforge to delete everything that had once been available from the SF page. For a year or more he had claimed that he had lost the sources and was going to upload when the new version worked. Obviously that didn't happen.

    I think this happened because the project's primary user base was not open source fans, so very few copies of the source were ever archived elsewhere. Apparently, open source developers were never interested enough to create a fork or even keep a copy of the source while the source was available.

    Now the source simply is not available for the current version (3.x), nor even the last versions which were ostensibly GPL'd (2.1 or 3.0). (The license for the current version is not GPL.)

    It has happened with other projects, and will undoubtedly continue to happen. It won't happen any time soon with Linux kernels or emacs, but when something isn't incredibly popular, it can and does happen.

    My lesson leared from this, is to keep a copy of the source for anything and everything in which I am even a little bit interested. Still get burned sometimes though.

    sdb
  • According to the JasperReports page [sourceforge.net]:

    A new company called JasperSoft (http://www.jaspersoft.com) has formed to invest in JasperReports and offer support, services and complimentary commercial products for JasperReports.

    Unless, of course, he meant "complementary"...

    Seriously, the above statement seems to be saying that they will be offering mostly support and add-ons, not taking the core product private. The JasperReports software is currently under the LGPL [sourceforge.net], so there is some assurance that the original will still be available in the future, if anybody cares enough to fork the project.

  • Take a look at SourceForge. The project was acquired by some company and abandoned.

    Another company forked, and brought us GForge, which incorporates SVN and other improvements. Too bad GForge isn't used by the SourceForge site itself.

    Food for thought.
  • Relicencing happens (Score:1, Interesting)

    by Anonymous Coward on Tuesday April 26, 2005 @11:48AM (#12348650)
    This sort of thing happens from time to time. If you "own" all the copyrights then you do what you like with a project. Plenty of projects have started open and gone closed. That doesn't tend to stop the last free version being open source - it just means that *new* versions won't be. If something is popular AND has savvy developer users they can fork off from the last free version.

    Was the ZDnet author's memory so short as to forget that SSH communications closed SSH when they produced their commericial version of SSH2 - History of SSH [hn.edu.cn]? Another project that this has "happened" to is TuxRacer but I don't think that had many outside contributions. I don't see the big deal - people should be allowed to change their mind if they are the copyright owners!
  • Re:I don't get it. (Score:3, Interesting)

    by bsd4me ( 759597 ) on Tuesday April 26, 2005 @11:53AM (#12348693)

    Can we moderate an entire story as "Flamebait"?

    No, but people with mod points can refrain from moderating any posts in the story. It may not do much, but it's something.

  • by EvilStein ( 414640 ) <spamNO@SPAMpbp.net> on Tuesday April 26, 2005 @11:57AM (#12348726)
    Remember that little piece of software called SpamAssassin? And Vipul's Razor?

    Both "bought up" by corporations, but the free versions are still very much alive and kicking.

    At least these JasperSoft folks have tried to answer the obvious questions and they'd continue with the free version.
  • by slcdb ( 317433 ) on Tuesday April 26, 2005 @12:08PM (#12348841) Homepage
    IANAL, but I though I'd add to the other poster's comments, just to clarify.

    The creator (aka "lead developer") owns the copyright to the software. The GPL does not transfer ownership of the copyright. All it does is license the software for others to use. GPL or no GPL, the copyright stays firmly in the hands of the creator.

    The creator, of course, does not need to license the software to himself. That would be silly. So the creator, unlike everyone else, is NOT obligated to abide by the "licensee" terms of the GPL. The creator must still uphold his end of the GPL, which is to ensure that the software AS IT WAS when it was licensed to the licensee remains licensed to the licensee as long as the licensee abides by the terms of the GPL.

    However, the creator can re-license NEW versions of the software under any license he chooses.

    In theory, I imagine you could create a license which could restrict the creator's rights to license future versions of the software. This would be akin to a "promise" to not license the software EVER under anything but, say, the GPL. The GPL as it stands, however, has no such clause, and I can't imagine that most creators would want to tie their hands in such a way.
  • by JoeBuck ( 7947 ) on Tuesday April 26, 2005 @12:51PM (#12349284) Homepage
    Any European lawyers in the audience can correct me, but here's my understanding of the issue:

    In the US, you can buy the copyright to an artwork, and then vandalize it in any way you like and sell the vandalized copies (the classic example is painting a moustache on the Mona Lisa). In most of Europe, this would infringe the creator's moral rights, and moral rights cannot be sold. The exploitation rights cover the rights to make money from the work in a way that does not damage the integrity of the work.

  • by pommiekiwifruit ( 570416 ) on Tuesday April 26, 2005 @02:21PM (#12350292)
    Computer programs are explicitly excluded from certain moral rights.
  • by emptybody ( 12341 ) on Tuesday April 26, 2005 @02:29PM (#12350374) Homepage Journal
    Sendmail [sendmail.org] has a commercial [sendmail.com] product with a bunch of features for people who like that sort of thing.

    Course their pricing is off the wall.
    I couldnt believe the FUD their sales skunks were telling the windows fools in my previous job.

    I convinced the company to save the $Kash and we went with the standby from sendmail.org.
  • by kauttapiste ( 633236 ) on Tuesday April 26, 2005 @02:36PM (#12350445)
    Any copyrights expire in 70 years after the death of the copyright holder. Thus, paintings by Da Vinci are "free game", as it were.

    What comes to selling copyrights, you can license all the rights to your copyright material, including rights to resell and relicense your works. You can even make a license that forbids yourself from selling your work! (this has happened many a time before!)

    In Europe, copyrights are considered "moral rights"(droit d'auteur); the right to claim something was made by you; in U.S. the rights protect your privilege to economically profit from your work.

    As such, it's possible to acquire an open source project - you just need to hire everyone who has worked on the project and change the license of all future versions.

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