[License-review] AFN-License

Thu Aug 14 16:28:28 UTC 2025

Looks like AI slop to me and is clearly not OSD-compliant from the 
description: "This license aims to provide a solution for creators who 
want their work to be freely used, modified, and distributed, but not 
directly monetized as a commodity itself." I will be ignoring.

Pam

Pamela S. Chestek
Chestek Legal
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com

On 7/24/2025 1:05 AM, 1248044293 via License-review wrote:
>
> Dear Open Source Initiative License Review Committee,
>
> I am writing to formally submit the *AFN-License 2.0* for your 
> comprehensive review and consideration for approval by the Open Source 
> Initiative. We are confident that this license offers a distinctive 
> and vital framework designed to address an unmet need within the 
> open-source community, providing a balanced approach that champions 
> both robust intellectual property protection and flexible commercial 
> application.
>
> The official repository for AFN-License 2.0, providing its complete 
> text and usage guidelines, is available at: 
> https://github.com/H2O-ME/AFN-License
>
> *1. License Identification and General Characteristics:*
>
>  *
>
>     *License Name:* AFN-License 2.0
>
>  *
>
>     *Version:* 2.0
>
>  *
>
>     *Unique Identifiers (SPDX / ScanCode):* A request has been
>     submitted to SPDX.https://github.com/spdx/license-list-XML/issues/2794
>
>  *
>
>     *Suggested Tags:* Attribution, Sustainable Commercialization,
>     Service-Oriented, Permissive-like, Copyleft-Compatible.
>
>  *
>
>     *Reusability:* The AFN-License 2.0 is meticulously designed to be
>     fully reusable by any licensor without modification of its terms.
>     Its structure ensures that the rights and obligations remain
>     consistent regardless of the project or entity applying it, thus
>     preventing terms from having different outcomes for different
>     licensors.
>
>  *
>
>     *No Structural Advantage for Licensor:* We have carefully drafted
>     the license to ensure it contains no terms that structurally place
>     the licensor in a more advantageous position than any licensee.
>     The rights and permissions granted are equally applicable to all
>     users, fostering a balanced and fair licensing relationship.
>
>  *
>
>     *Clarity and Lack of Ambiguity:* The license text has been crafted
>     to be clear, concise, and grammatically sound, facilitating
>     straightforward understanding for its users. While legal language
>     can sometimes involve complexity, we believe any potential
>     ambiguities are minimal and do not significantly impact the core
>     application or spirit of the license.
>
>  *
>
>     *Complete Text:* The AFN-License 2.0 is presented as a complete,
>     standalone license text. It is not an overlay, an exception to
>     another license (e.g., it is not a 'Commons Clause' or 'ClassPath
>     exception'), or a partial set of terms. This ensures its
>     integrity, clarity, and independent enforceability.
>
> *2. Open Source Definition (OSD) Compliance Statement:*
>
> We affirm that the AFN-License 2.0 has been meticulously designed with 
> the explicit intent to comply with the Open Source Definition. We 
> specifically highlight its alignment with the following OSD clauses, 
> and address how it meets the criteria for new licenses:
>
>  *
>
>     *OSD 3 (Derived Works):* The license explicitly permits the
>     creation and distribution of derived works, including
>     modifications. It allows these derived works to be closed-source
>     and to be integrated into commercial projects, fostering
>     innovation and broad application without undue restrictions on
>     subsequent development.
>
>  *
>
>     *OSD 5 (No Discrimination Against Persons or Groups):* The license
>     places no restrictions on any person or group from using,
>     modifying, or distributing the software. It ensures equal access
>     and opportunity for all individuals and organizations, promoting
>     inclusivity in the open-source community.
>
>  *
>
>     *OSD 6 (No Discrimination Against Fields of Endeavor):* This
>     clause represents the most nuanced and critical aspect of
>     AFN-License 2.0, and indeed, its core innovation. While the
>     license explicitly prohibits the /direct sale of the software
>     itself/ or its derivatives as a standalone product (e.g., selling
>     copies, activation codes, or subscriptions where the software is
>     the core value proposition), it /emphatically permits and
>     encourages commercial use/ through value-added services. These
>     include, but are not limited to, SaaS offerings, technical
>     support, custom development, and integration into hardware
>     products, provided the basic software remains freely obtainable to
>     users.
>
>     The AFN-License 2.0 aims to provide a framework that both protects
>     intellectual property and offers flexibility for various
>     commercial and technical environments. It is particularly suited
>     for situations where creators wish to safeguard their original
>     contributions while enabling a degree of commercial utilization
>     and even closed-source development. This license strikes a unique
>     balance, encouraging broad participation and development while
>     safeguarding original authors from improper commercial
>     exploitation, specifically the commoditization of their direct
>     software product. Community members can contribute code, report
>     bugs, and suggest improvements without fear that their
>     contributions will be used for unauthorized commercial activities,
>     particularly the direct commoditization of the software itself. We
>     contend that this specific restriction is not a discrimination
>     against a "field of endeavor" but rather a carefully crafted
>     mechanism to promote a /different model of open-source
>     sustainability/. It ensures that the software remains freely
>     available and modifiable for all uses, while preventing a specific
>     form of commercialization that can undermine the original
>     creators' ability to maintain and develop the project, thereby
>     fostering a vibrant and sustainable ecosystem. We believe this
>     approach channels commercial value towards service-based models,
>     rewarding innovation and ongoing investment in the project.
>
>  *
>
>     *OSD 9 (License Must Not Contaminate Other Software):* The license
>     is designed to be compatible with other open-source licenses,
>     including permissive ones (e.g., MIT, Apache) and even "copyleft"
>     licenses (e.g., GPL/AGPL). It ensures that it does not impose
>     additional restrictions on other software distributed alongside
>     it, beyond its own specific terms for the licensed work, thus
>     preventing "license contamination."
>
>  *
>
>     *Compliance Across All Variants:* Every possible variant of the
>     license's application, particularly concerning its commercial use
>     clauses, is intended to conform with the Open Source Definition.
>     The prohibition on direct sale is clearly defined and consistently
>     applied across all scenarios.
>
>  *
>
>     *Ability to Comply:* The terms of the AFN-License 2.0 are designed
>     to be fully compliant and enforceable by any licensee in practice.
>     There are no clauses that would render the license practically
>     impossible to adhere to, unlike the example of the SSPL's copyleft
>     scope.
>
> *3. Context and Rationale for a New License:*
>
>  *
>
>     *Gap Filled:* The AFN-License 2.0 addresses a specific, unmet need
>     within the open-source ecosystem. Many developers desire the
>     collaborative benefits and freedom of open source, require clear
>     attribution for their intellectual work, but wish to prevent their
>     software from being directly commoditized and sold as a standalone
>     product. Current OSI-approved licenses generally do not offer this
>     specific protection against direct product sale while
>     simultaneously permitting and encouraging broad commercial use
>     through services. This license aims to provide a solution for
>     creators who want their work to be freely used, modified, and
>     distributed, but not directly monetized as a commodity itself.
>
>  *
>
>     *Comparison to Similar OSI-Approved Licenses:*
>
>       o *Similarities:* Like permissive licenses such as MIT, Apache
>         2.0, and BSD licenses, AFN-License 2.0 requires attribution,
>         allows free use, modification, and distribution, and permits
>         inclusion in closed-source commercial projects. It also grants
>         a non-exclusive, worldwide patent license, similar to Apache
>         2.0. Its compatibility with copyleft licenses also aligns with
>         the broader open-source ecosystem.
>       o *Key Differences:* The primary and most significant
>         distinction is the explicit prohibition against the /direct
>         sale/ of the software or its derivatives as a product. This
>         contrasts sharply with most existing OSI-approved licenses
>         (e.g., MIT, Apache, BSD, GPL) which generally permit direct
>         sales as a form of commercial use. AFN-License 2.0 seeks to
>         clearly differentiate between selling the software as a
>         commodity and deriving revenue through value-added services
>         built upon or around the software.
>  *
>
>     *Legal Review Status:* The AFN-License 2.0 has undergone an
>     initial legal review by *Beijing Zhiyuan Legal Consulting*
>     (北京智远法律咨询), a reputable law firm based in China with expertise
>     in intellectual property and technology law. This review confirmed
>     its adherence to general legal principles and the spirit of the
>     'Regulations on Computer Software Protection of the People's
>     Republic of China.' While this review provided valuable insights
>     and contributed to its high quality and enforceability, we
>     recognize the distinct requirements of the Open Source Definition
>     and are open to further independent legal scrutiny to ensure full
>     compliance with international open-source licensing standards.
>     This AFN-License 2.0 agreement is a high-quality, highly
>     executable, and custom license agreement that provides clear
>     guidance for its application, informed by Chinese legal
>     principles. It achieves an excellent balance between the spirit of
>     open source and the protection of authors' commercial interests.
>
>  *
>
>     *Projects Currently Using the License:* As a newly proposed
>     license designed to fill a specific niche, AFN-License 2.0 is
>     primarily hosted on its official GitHub repository
>     (https://github.com/H2O-ME/AFN-License), which serves as its
>     primary public reference and a demonstration of its structure.
>     While it is not yet widely adopted by other third-party
>     projects,But I've used it in some of my personal open source
>     projects, for
>     example:https://github.com/H2O-ME/qsgz、https://github.com/H2O-ME/clear-tabandhttps://github.com/H2O-ME/ClassRoll-Pro
>     I hope that once it is approved by OSI, it will be used for more
>     open source projects in the future, and it will be a valuable
>     choice for other developers with similar needs.
>
> *4. Submitter and Steward Information:*
>
>   * *Submitter:* THW
>   * *Submitter Contact Email:* thw at thw.lol
>  *
>     *License Steward :* THW
>  *
>     *Project Homepage/Official Information:* https://afn.thw.lol/
>     https://github.com/H2O-ME/AFN-License
>
> *5. Additional Information for Review:*
>
> We reiterate our understanding that the "No Direct Sale" clause, 
> particularly concerning OSD 6, is the most significant point of 
> discussion for this submission. We are confident that our 
> interpretation, focusing on enabling a service-based commercial model 
> while preventing direct product commoditization, aligns with the 
> spirit of fostering open collaboration and innovation. We believe this 
> license offers a valuable new option for a segment of the open-source 
> community, promoting a sustainable model where creators are empowered 
> to contribute freely without fear of their work being unfairly 
> commoditized.
>
> We welcome the committee's rigorous review and are available to 
> clarify any aspects of the license or our rationale. We appreciate 
> your dedication to maintaining the integrity and clarity of the Open 
> Source Definition.
>
> Thank you for your time and consideration. We look forward to your 
> valuable feedback.
>
> Sincerely,
>
> THW thw at thw.lolAFN.thw.lol
>
>
>
> _______________________________________________
> The opinions expressed in this email are those of the sender and not necessarily those of the Open Source Initiative. Communication from the Open Source Initiative will be sent from an opensource.org email address.
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