Re: Obligation to maintain?
The understaffing issue is correct, but not exactly relevant to the discussion about upstreaming things because, if people were developing patches for it, they would have lots of reasons to want them upstreamed. If nobody is doing it, that's a completely separate issue.
The FUTO license is not my favorite, and I can explain why. While it's not as bad as most faux-open licenses, it has the same central problem that they all do, just not right now. To require payment from an unclear set of people, it restricts the ability to modify and distribute modified versions. I am not allowed to remove certain parts of the code, and I am not allowed to perform any commercial activities if I'm modifying it. Why is this a problem? Here is an example. To demonstrate my problem, I will compare it to the GPL/AGPL, the other licenses they have used.
FUTO, the company, is privately owned. The code they make is owned entirely by them. This means they can change the license if they want and they can add whatever they want. Fortunately, its current owner and those who work there are public-spirited, so they make useful things without abusive features. One day, as all of these people are having a meeting, a meteor comes through and destroys the building, killing those people who were doing this. The company is inherited by someone who is not interested in the privacy, freedom, or anything else that drew people to this company. They want money, and they only have the rights to some code. So they modify the code to introduce surveillance and advertising. What can we do about this?
For projects using the GPL or AGPL, this is easy. We say goodbye to the organization that no longer has our interests at heart, and we fork the project. Someone else can continue development of the code. In fact, we can form a new organization to do that if we want. We can accept donations or even continue to ask for payment for this. This is what open source software allows. What happens with the FUTO licensed stuff? We are allowed to modify the code, but we are forbidden from removing any of the FUTO-added commercial code. Right now, that just means that we can't remove the part where FUTO asks for money nor redirect that money to ourselves, but in the world where FUTO has gone bad, that could easily include their other commercial stuff such as the advertising. But maybe we can argue that we forked before that happened, so we just have to leave in the part where people are asked to pay new-FUTO. Still, we are forbidden from acting in a commercial way, meaning it is probably impossible to collect donations or form an organization. Not only does our version, forked specifically to get away from new-FUTO, have to ask users to pay them, our users cannot help with donations or we've violated the license.
In fact, this applies even without the threat of a rogue organization. If I am writing extra code for one of their projects, unaffiliated with FUTO itself, and you want my feature added, you are not allowed to donate to me to help get that written. In practice, I'm sure they would ignore this and let me collect that donation, and I would probably still accept it because I'm that confident about it, even though my typical policy is that I don't violate the letter of the license even if I don't expect it to be enforced. They may not really know this is what their license does. It follows similar not open licenses that have been used in exactly this way as previously open source projects try to keep more of the funding to themselves, and I don't see any way that their license avoids what those licenses have done. There is a reason why people got angry when they called it open source. By the way, this doesn't mean that there's anything wrong with what they've done; it's their code, and I am perfectly happy with people making their code proprietary, so less open than I'd like is not something I object to. I still prefer something truly open to this, and those reasons are why.