How to prevent unfair use of open source software licensed under Apache 2.0 [closed]

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I have released many open source software under Apache 2.0, now I'm providing a SaaS using that software.

Basically, I need to prevent people just taking my software and just rebrand it to provide it in SaaS, being in direct competition with my own SaaS.

AFAIK Apache 2.0 makes that possible, even the rebranding (changing my software name, logos, "powered by xxx" messages, etc. even rebranding the documentation), without making any contribution to the open source project.

How to prevent that? Does the Apache 2.0 consider this situation? Can my software be better "covered" by a different license?

Answer 1

You could add a license term similar to the term from the Affero GPL v3 mentioned here:

if you run the program on a server and let other users communicate with it there, your server must also allow them to download the source code corresponding to the program that it's running

You could also consider to put your programs fully under Affero GPL v3, or offer dual licensing.

If a competitor will follow your license terms is a completely different question, especially when he is located in a country with a different jurisdiction than yours. If you want to prevent yourself against such folks, you need to keep your source code in private.

Answer 2

Your only route is to abandon any desires of "open source" with your software.

There are no "mainstream" or common suitable open source licenses as freedom to use for any purpose, which includes competing against you, is considered a cornerstone requirement of free and open source software.

And of course if you use any libraries you'll have to check if a proprietary license is even an option.

I think this is also good reading: https://www.gnu.org/philosophy/open-source-misses-the-point.en.html

Answer 3

First of all, IANAL. If you need advice that you can rely on as being legally sound, then you should get it from a lawyer who specializes in international Copyright and IP law.

I can think of three possible approaches:

• Don't publish your source code at all. AFAIK, no open source licenses require you to do that.

• Publish your modifications to the upstream Apache 2.0 code-base using a restrictive license. It doesn't need to be open source.

• Publish under the Affero GPL v3 license. The problems with Affero GPL are:

  • It has the (so-called) "viral" properties of GPL ... if that concerns you.
  • FSF think that Affero is not compatible with regular GPL.

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Finally, someone suggested that you add clauses taken from Affero to a standard Apache license.

DON'T DO THAT!

You are liable to end up with a license that is self contradictory ... when interpreted according to sound legal principles. If that happens:

• Sensible people will treat your codebase as legally risky, and avoid using it entirely.
• Unscrupulous people may ignore your added conditions and "try their luck" in court.

Neither of these is a good outcome for you.

If you want to create your own custom license terms, you should get a lawyer to do it for you.