[CAVO] Consideration

[Lawrence Rosen]

There is some FOSS confusion about "consideration" for open source software.

 

The rule is that any licensor can sell FOSS ("free") software for any consideration whatsoever. Oracle and Red Hat and many other companies sell Linux, for example. FOSS software – like proprietary software – is often not free of consideration. 

 

BUT, there may be no consideration charged by or paid to that upstream licensor for the downstream licensee's copyleft obligation to distribute her own copies or derivative works under that same copyleft license. That ISN'T consideration; it is a copyleft license requirement. 

 

The downstream right and obligation of any licensee to copy and distribute that software under a FOSS license at her own price is always free of consideration paid to the upstream licensor. That's an open source requirement for all FOSS licenses.

 

[I shouldn't make this email sound like I made the rules about consideration for free software! Am I interpreting the OSD incorrectly?]

 

/Larry

 

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