[License-discuss] Fwd: Open Source license question

[Bruce Perens]

I think our colleagues might have been a little swift to say "everything's
just great" without taking a closer look. If you're actually making money
you can engage an expert who would take a little more time on this. I'm not
volunteering because I'm generally too expensive for a small business. But
an expert is not difficult to find these days.

Thanks

Bruce

---------- Forwarded message ---------
From: Chris B <kindlysendme at gmail.com>
Date: Sat, Apr 6, 2024, 04:32
Subject: [License-discuss] Open Source license question
To: <license-discuss at lists.opensource.org>


Hi all!

I am an open source project maintainer and I was referred to this mailing
list recently as a good place to ask questions.

I was recently told by a community member that I should not be using the
term "Open Source" as it has legal implications and the project doesn't
fully embrace that term. Here is the argument:

1- The program has an optional paid component (not open source). The core
program (that is open source) is fully functional as a stand-alone
application. But the user has the option to pay for extra features that are
not open source

2- The program has an optional telemetry that users can opt in / opt out
before even installing the program.

3- Because of 1 & 2, there is a License Terms doc that outlines what is
open source and what is not, and how the telemetry data is being used and
what is being sent out.

I have personally seen all of the above in other software that have an
"Open Source" label. But wanted to check with this group if there are any
legal implications that I am missing here.


Examples that I have found related to the points above:
#1- Ubuntu (paid support, backup etc)
#2- Syncthing data: https://data.syncthing.net/
#3- VSCode https://code.visualstudio.com/license

Happy to hear your thoughts!

Thanks,
Chris

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