[License-review] Request for License Review - BarrerSoftware License (BSL)v1.0
Barrer Software Legal
legal at barrersoftware.com
Sun Dec 28 21:57:11 UTC 2025
Dear OSI License Review Committee,
I am Daniel Elliott, submitting on behalf of BarrerSoftware (the license steward) for review and approval of the BarrerSoftware License (BSL) v1.0.
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LICENSE INFORMATION
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License Name: BarrerSoftware License (BSL)
Version: 1.0
License Steward: BarrerSoftware
Submitter: Daniel Elliott (on behalf of BarrerSoftware)
License Text: Attached as BSL-LICENSE.txt
Projects Currently Using This License:
- Quartermaster (Infrastructure management tool)
- npm-safe (Secure npm package manager)
- SecureOS (Android-based security-focused OS)
- CleanVM Free Edition (Virtual machine management)
- Various other BarrerSoftware open source projects
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THE GAP THIS LICENSE FILLS
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Currently, no OSI-approved license provides strong anti-commercialization
protections while maintaining all four essential freedoms (use, study, modify,
distribute).
The Problem:
We have observed a pattern in the software industry where companies:
1. Fork free/open source software
2. Add minimal "enterprise features"
3. Rebrand and sell at significant cost
4. Profit from community work without giving back
Existing licenses either:
- Allow unrestricted commercialization (MIT, Apache, BSD)
- Are complex and viral (GPL family)
- Lack enforcement mechanisms for keeping software free
- Don't explicitly address the service-vs-software distinction
The BSL fills this gap by:
1. Explicitly prohibiting commercialization of the software itself
2. Allowing (and encouraging) charging for related services
3. Ensuring perpetual free availability
4. Providing clear enforcement mechanisms
5. Using plain language for accessibility (Barrer License Format)
This enables developers and organizations to release software that:
- MUST remain free forever
- Cannot be monetized or paywalled
- Can still support service-based business models
- Is protected from commercial exploitation
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COMPARISON WITH SIMILAR OSI-APPROVED LICENSES
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Most Similar License: GNU General Public License v3.0 (GPL-3.0)
Similarities:
- Copyleft: Derivatives must use compatible license
- Source code must be available
- Patent grant with defensive termination
- Attribution requirements
- Warranty disclaimer and liability limitations
Key Differences:
1. COMMERCIALIZATION CLAUSE (Primary Difference)
GPL-3.0: Allows selling software and derivatives
BSL: Explicitly prohibits ANY commercialization of software
Rationale: GPL permits companies to sell GPL software, which can lead to
free community work being repackaged and sold. BSL prevents this entirely.
2. SERVICE EXCEPTION (New Addition)
GPL-3.0: Silent on services vs. software distinction
BSL: Explicitly allows charging for services while prohibiting charging
for software itself
Rationale: Clarifies that support, consulting, training, and integration
services CAN be monetized, but software access must remain free.
3. ENFORCEMENT PROVISIONS (Enhanced)
GPL-3.0: Relies on copyright law enforcement
BSL: Adds specific provisions for public disclosure, profit recovery,
and community protection mechanisms
Rationale: Stronger deterrent against violations, especially commercial
exploitation.
4. PRESENTATION FORMAT (Accessibility)
GPL-3.0: Legal language only
BSL: Uses Barrer License Format (BLF) - plain language summary first,
then legal terms
Rationale: Makes license accessible to non-lawyers, especially students,
hobbyists, and international developers.
Other Considered Licenses:
Creative Commons BY-NC-SA 4.0:
- Not designed for software
- "Non-commercial" is less precisely defined
- Lacks patent provisions
- Not OSI-approved
AGPL-3.0:
- Focuses on network use (SaaS loophole)
- Still allows commercialization
- More complex copyleft requirements
- BSL is simpler and more focused
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LEGAL REVIEW AND DRAFTING PROCESS
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Legal Review Status: Self-drafted with extensive legal research
Process:
1. Reviewed existing OSI-approved licenses (MIT, Apache, BSD, GPL family)
2. Studied Creative Commons licenses for accessibility approaches
3. Researched software license case law regarding enforceability
4. Consulted open source licensing best practices documentation
5. Drafted in plain language first, then added formal legal language
6. Reviewed for compliance with Open Source Definition
NOT drafted by an attorney, but:
- Based on established legal language from GPL and other proven licenses
- Structured to be clear and enforceable
- Uses standard warranty disclaimers and liability limitations
- Includes patent grant following OSI best practices
We acknowledge this may require refinement based on OSI feedback and
community discussion.
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COMPLIANCE WITH OPEN SOURCE DEFINITION (OSD)
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We believe BSL complies with all 10 criteria of the Open Source Definition:
1. Free Redistribution: ✓ Allows free distribution
2. Source Code: ✓ Source must be available
3. Derived Works: ✓ Allows modifications and derivatives
4. Integrity of Author's Source: ✓ Attribution required
5. No Discrimination Against Persons or Groups: ✓ No restrictions
6. No Discrimination Against Fields of Endeavor: ⚠️ *See Note Below*
7. Distribution of License: ✓ License travels with software
8. License Must Not Be Specific to a Product: ✓ General license
9. License Must Not Restrict Other Software: ✓ No restrictions
10. License Must Be Technology-Neutral: ✓ Technology neutral
*Note on OSD Criterion 6 (Fields of Endeavor):
The anti-commercialization clause may be seen as restricting the "commercial
software business" field of endeavor. However, we argue:
a) The restriction is on MONETIZING THE SOFTWARE ITSELF, not on using it in
commercial contexts. Companies can use BSL software in commercial products,
commercial services, and commercial environments - they just cannot SELL
THE SOFTWARE.
b) Similar to GPL's copyleft restrictions on proprietary derivatives, BSL
restricts commercialization to preserve software freedom.
c) The "service exception" allows commercial business models (support,
consulting, training) around the software.
d) This protects against exploitation that harms the open source ecosystem.
We acknowledge this is the most likely point of discussion and welcome
feedback from the committee and community on whether the anti-commercialization
clause is compatible with OSD criterion 6.
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WHY THIS LICENSE MATTERS
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Use Cases:
1. Projects that MUST remain free (educational tools, accessibility software)
2. Protection against commercial exploitation of community work
3. Service-based business models that keep software free
4. Government and academic software meant for public good
Philosophy:
"If it's free, it's free. Period."
BarrerSoftware has two paid products (Velocity Panel, CleanVM Enterprise) that
fund all our other work. Everything else we create is free and MUST remain free.
BSL ensures what we give to the community stays with the community.
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FORMATTING NOTE: BARRER LICENSE FORMAT (BLF)
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This license uses Barrer License Format (BLF), our proposed presentation
standard for software licenses. BLF presents human-readable terms first,
followed by formal legal language, both equally binding.
We believe this format improves accessibility without affecting legal validity.
More information: https://barrersoftware.com/blf.html
(BLF itself is not part of this license submission - it's a presentation
wrapper that can be applied to any license. We may submit it separately as a
recommended practice.)
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REQUEST
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We respectfully request:
1. Review of the BarrerSoftware License (BSL) v1.0
2. Public discussion on the license-review mailing list
3. Feedback on compliance with the Open Source Definition, particularly
regarding criterion 6 (Fields of Endeavor)
4. Approval as an OSI-approved license, if appropriate
We are committed to:
- Participating actively in the discussion
- Addressing concerns and making revisions as needed
- Maintaining the license long-term as steward
- Using this license for all BarrerSoftware free software projects
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CONTACT INFORMATION
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Submitter: Daniel Elliott
Organization: BarrerSoftware
Email: legal at barrersoftware.com
Website: https://barrersoftware.com
GitHub: https://github.com/barrersoftware
We welcome all feedback and discussion.
Thank you for considering the BarrerSoftware License.
Respectfully,
Daniel Elliott
On behalf of BarrerSoftware
🏴☠️ Building bridges, not walls
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ATTACHMENT: BSL-LICENSE.txt (see attached file)
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THE BARRERSOFTWARE LICENSE (BSL) - Version 1.0-BLF
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Copyright (c) 2025 BarrerSoftware
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SIMPLE TERMS (Human-Readable Summary)
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Core Principle: "If it's free, it's free. Period."
✅ YOU CAN:
• Use this software for anything
• Study how it works
• Modify and improve it
• Share it with others
• Contribute improvements back
❌ YOU CANNOT:
• Sell this software or charge for it
• Create paid versions or tiers
• Monetize it in ANY way
• Bundle it with paid products (unless this stays free)
• Charge for downloads or access
⚠️ IMPORTANT:
• Modified versions MUST stay free forever
• Must keep this license and attribution
• You CAN charge for SERVICES (support, training, consulting)
• You CANNOT charge for the SOFTWARE itself
That's it. Free software stays free. Forever.
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And now, for the lawyers...
(The simple terms above and formal terms below are both legally binding)
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THE BARRERSOFTWARE LICENSE (BSL)
Version 1.0
PREAMBLE
This license governs software released by BarrerSoftware that is designated
as FREE software.
Core Principle: "If it's free, it's free. Period."
Software under this license is provided to the community at zero cost and
MUST remain at zero cost forever.
GRANT OF RIGHTS
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to:
• USE - Use the software for any purpose
• STUDY - Examine how the software works
• MODIFY - Make changes and improvements
• DISTRIBUTE - Share copies with others
• CONTRIBUTE - Submit improvements back
MANDATORY RESTRICTIONS
1. NO COMMERCIALIZATION
YOU MUST NOT:
❌ Sell this software or any derivative work
❌ Charge fees for access to this software
❌ Create paid tiers, editions, or versions
❌ Implement subscription or licensing models
❌ Bundle with paid products (unless this remains free)
❌ Charge for downloads, installations, or usage
❌ Monetize this software in ANY form
This software MUST remain free.
2. PERPETUAL FREE STATUS
Any modified or derivative version MUST:
• Remain under this license (or compatible)
• Stay free of charge forever
• Include this license in full
• Maintain attribution to BarrerSoftware
3. SERVICE EXCEPTION
You MAY charge for SERVICES, not SOFTWARE:
✅ Technical support contracts
✅ Installation and setup services
✅ Training and education
✅ Custom integration work
✅ Consulting services
❌ The software itself must remain free
ATTRIBUTION REQUIREMENTS
You MUST:
• Keep copyright notices intact
• Include this license with all copies
• Credit BarrerSoftware in documentation
• Link to original source repository
You MUST NOT:
• Remove or alter copyright notices
• Claim you created the original software
• Imply BarrerSoftware endorses your version
PATENT GRANT
BarrerSoftware grants you a perpetual, worldwide, non-exclusive, no-charge,
royalty-free patent license to use, make, have made, import, and distribute
this software.
If you initiate patent litigation against BarrerSoftware or this software,
this license terminates immediately.
RATIONALE
Why This License Exists:
1. Built on free resources
- We use public specifications
- We study open source code
- We learn from community work
- What was given freely, must remain free
2. Accessibility matters
- Students can't always afford software
- Developing countries need access
- Hobbyists deserve good tools
- Everyone should have opportunity
3. Community over commerce
- We profit from 2 paid products only
- Everything else is free
- If we don't profit from it, no one should
- Fair and ethical
The Problem We're Solving:
We've observed companies:
• Fork free/open source software
• Add minimal "enterprise features"
• Charge significant fees
• Profit from community work
BarrerSoftware will not allow this exploitation of free software.
ENFORCEMENT
Violations (particularly commercialization) will result in:
1. Public disclosure
- Violator name published
- Violation details shared
- Community warned
2. Legal action
- Immediate cease and desist
- Injunction to stop distribution
- Recovery of all profits made
- Legal fees paid by violator
3. Permanent ban
- Excluded from BarrerSoftware ecosystem
- No future license grants
- Community blacklist
Zero tolerance policy.
REPORTING VIOLATIONS
If you encounter a paid version of BarrerSoftware free software:
Report immediately:
• Email: legal at barrersoftware.com
• Subject: "BSL Violation - [Software Name]"
• Include: Evidence, links, pricing, screenshots
We will:
• Investigate within 24 hours
• Take immediate action
• Protect free access for all
• Update community on resolution
DISCLAIMER
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL BARRERSOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
COMPATIBILITY
Compatible Licenses:
• BarrerSoftware License (this license)
• GNU GPL v3.0 (with non-commercial addendum)
• Creative Commons BY-NC-SA 4.0
• Any license that prohibits commercialization
Incompatible Licenses:
❌ MIT License (too permissive)
❌ Apache 2.0 (allows commercialization)
❌ BSD Licenses (allow commercialization)
❌ Any license permitting sale
SPECIAL PROVISIONS
BarrerSoftware Paid Products:
BarrerSoftware has TWO paid products:
• Velocity Panel
• CleanVM Enterprise
These are NOT under this license. All other BarrerSoftware software is free
and under this license or compatible.
Educational Use:
Academic institutions MAY:
• Use in courses (free)
• Include in curriculum (free)
• Provide to students (free)
• Research and modify (free)
Academic institutions MUST NOT:
• Charge students for software access
• Include in paid course materials only
• Require purchase for participation
Education must remain accessible.
Government Use:
Government agencies MAY:
• Use for any purpose (free)
• Deploy widely (free)
• Modify for needs (free)
Government agencies MUST NOT:
• Charge other agencies for access
• Sell to contractors
• Create paid derivatives
Public software for public good.
PHILOSOPHY
"If it's free, it's free. Period."
What we build for the community stays with the community.
No exploitation. No paywalls. No profit.
Community over commerce.
Access over revenue.
Forever free.
CONTACT
BarrerSoftware
• Website: https://barrersoftware.com
• GitHub: https://github.com/barrersoftware
• License questions: legal at barrersoftware.com
• General: contact at barrersoftware.com
VERSION HISTORY
v1.0 (2025) - Initial release
🏴☠️ BarrerSoftware - Building bridges, not walls
What is given freely, must remain free.
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APPENDIX: LEGAL FORMALITIES
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(The human-readable license above is legally binding and takes precedence)
PRIMACY CLAUSE
This appendix does not supersede, modify, or contradict the main license text
above. In case of any conflict between this appendix and the human-readable
license terms, the human-readable terms shall govern and control.
FORMAL GRANT OF LICENSE
WHEREAS the Licensor, BarrerSoftware (hereinafter "Licensor"), holds copyright
in certain software (hereinafter "the Software"), and
WHEREAS Licensor desires to grant permission for use, modification, and
distribution of the Software subject to certain restrictions, and
WHEREAS Licensee (any person or entity obtaining a copy of the Software)
desires to use the Software under the terms herein,
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, Licensor hereby grants to Licensee a perpetual, worldwide,
non-exclusive, royalty-free license to:
• Use the Software for any lawful purpose;
• Study the source code and internal workings of the Software;
• Modify, adapt, or create derivative works based upon the Software;
• Distribute copies of the Software or derivative works;
• Contribute modifications back to the original project.
RESTRICTION ON COMMERCIAL EXPLOITATION
Notwithstanding the grant of license above, Licensee shall NOT:
• Sell, offer for sale, or otherwise commercially distribute the Software
or any derivative work thereof;
• Charge any fee, subscription, or other monetary consideration for access
to, use of, or distribution of the Software;
• Create or market paid editions, tiers, or versions of the Software;
• Bundle the Software with paid products or services unless the Software
component remains freely accessible;
• Monetize the Software through any means including but not limited to
advertising, data collection, or indirect revenue generation.
CLARIFICATION ON SERVICES
Licensee may charge for services related to the Software (including but not
limited to technical support, installation, training, integration, and
consulting) provided that the Software itself remains free of charge and the
service fees are clearly for labor and expertise, not for software licensing.
ATTRIBUTION AND COPYRIGHT NOTICE
Licensee shall:
• Retain all copyright notices, license text, and attribution in all copies
and derivative works;
• Credit BarrerSoftware as the original author in all documentation and
derivative works;
• Include a hyperlink or reference to the original source repository;
• Not misrepresent the origin of the Software or claim authorship of code
written by Licensor.
PATENT GRANT AND DEFENSIVE TERMINATION
Subject to the terms herein, Licensor grants Licensee a perpetual, worldwide,
non-exclusive, no-charge, royalty-free patent license to make, have made, use,
offer to sell, import, and otherwise transfer the Software, where such license
applies only to those patent claims licensable by Licensor that are necessarily
infringed by their contribution(s) alone or by combination of their
contribution(s) with the Software.
If Licensee institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Software or a
contribution incorporated within the Software constitutes direct or contributory
patent infringement, then any patent licenses granted to Licensee under this
License for that Software shall terminate as of the date such litigation is
filed.
PERPETUAL FREE STATUS AND COPYLEFT
Any modified version or derivative work of the Software MUST:
• Remain licensed under this License or a compatible license that prohibits
commercialization;
• Remain free of charge in perpetuity;
• Include the full text of this License;
• Maintain attribution to BarrerSoftware.
For purposes of this License, "compatible license" means any license that
includes substantially similar restrictions on commercial exploitation and
requirements for perpetual free availability.
WARRANTY DISCLAIMER
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY CLAIM, DAMAGES,
OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE,
ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SEVERABILITY
If any provision of this License is held to be unenforceable or invalid, that
provision shall be reformed to the minimum extent necessary to make it
enforceable and valid, and the remaining provisions shall remain in full force
and effect.
GOVERNING LAW AND JURISDICTION
This License shall be governed by and construed in accordance with the laws of
the jurisdiction in which BarrerSoftware operates, without regard to its
conflict of law provisions. Any disputes arising under or related to this
License shall be subject to the exclusive jurisdiction of the courts in that
jurisdiction.
ENTIRE AGREEMENT
This License, including the human-readable terms above and this formal appendix,
constitutes the entire agreement between Licensor and Licensee with respect to
the Software and supersedes all prior or contemporaneous understandings
regarding such subject matter.
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END OF LICENSE
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Note: This license uses Barrer License Format (BLF) - a presentation standard
that puts human-readable terms first, followed by formal legal language. Both
sections are equally legally binding. Learn more at: barrersoftware.com/blf.html
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