Since you’ve brought your LLM to the table, I’ll bring mine
(Actually, I don’t really care which LLM is used. I used Gemini just to see what it would share.)
It’s been a while since I’ve done any licensing work. So many different models have evolved over the last decade that have different strategic value, I’ve left it to experts. I think about the problem now based on what is the desired outcome, what licensing models appear to fit it, what are some known tradeoffs, and what regrets I might have later with the decision. Where the model has been tested in the field and in courts, hearing from users and a review with a good IP attorney can be very helpful at arriving at an informed decision.
I dropped in your post into Gemini and added the following to it to help guide the response:
What do I get from the MPL that is more aligned with protecting my interests in the project that I would not get the Apache 2.0 license? While I am not as sensitive to competition today, is it possible that the move to Apache 2.0 may lead to "seller's remorse" later on due to unintended outcomes? What, if any, may those be?
TLDR - it suggests the MPL (I think walking through its reasoning is worthwhile.) BTW, I would not take this as solid legal strategy reasoning, but would use it to frame a discussion with someone who is a true expert, if clear confirmation matters. Here’s the full response:
The shift in licensing for your Node on FHIR project, particularly from GNU Affero v3.0 (AGPL) to Apache 2.0, with MPL as a consideration, involves significant implications. Let’s break down what MPL offers over Apache 2.0 and potential “seller’s remorse” scenarios.
What do you get from MPL that is more aligned with protecting your interests than Apache 2.0?
The core difference between MPL and Apache 2.0 lies in their copyleft nature:
Is it possible that the move to Apache 2.0 may lead to “seller’s remorse” later on due to unintended outcomes? What, if any, may those be?
Yes, absolutely. While your current focus has shifted, the long-term implications of Apache 2.0 could lead to “seller’s remorse.” Here are potential unintended outcomes:
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Loss of Core Project Momentum/Innovation:
- “Tragedy of the Commons” for Your Core: If adopters fix bugs or add common features to your core Node on FHIR v3 codebase, they are under no obligation to share those improvements back. This means your project might not benefit from external development, and common problems might be solved repeatedly in private silos.
- Stagnation of Public Repository: Your public repository might become less vibrant, as significant improvements and active development could be happening behind closed doors within various companies. You’d lose out on community-driven evolution of the core framework.
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Increased Maintenance Burden on You/Core Team:
- If others aren’t contributing back improvements, you or your new core team might bear the full burden of identifying and implementing common bug fixes and new features. You’d have to reinvent the wheel, rather than benefiting from distributed development.
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Competition from “Your Own Code”:
- While you’re less sensitive to direct competition now, imagine a scenario where a large company takes your Apache 2.0 licensed Node on FHIR v3, builds a highly customized and proprietary version with significant improvements, and then offers a competing service or product that is superior due to their internal advancements on your original code. You would have no claim to those improvements.
- This is particularly relevant if, down the line, you or your current team ever wanted to offer commercial support, premium features, or consulting services based on Node on FHIR. Competitors could be leveraging your foundational work without any reciprocity.
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Reduced Influence and Control:
- With Apache 2.0, you effectively relinquish much of your control over the future direction and evolution of the core project in the hands of others. While this might be fine for a permissive license, it means you’d have less leverage to guide the project’s development based on community contributions.
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Difficulty in Changing Licenses Later:
- Once you release under Apache 2.0, it’s extremely difficult, if not impossible, to unilaterally relicense to a more restrictive license (like MPL or AGPL) in the future for existing distributed versions. Users who received it under Apache 2.0 retain those rights. While you could release future versions under a different license, it creates fragmentation and potential adoption issues.
Conclusion:
Given your history and the desire for reciprocity in your past licensing, MPL seems like a more balanced compromise than Apache 2.0.
- MPL allows commercial adoption and proprietary additions (addressing the MITRE/CMS request for flexibility).
- MPL also ensures that improvements made to your core codebase are shared back, fostering a stronger community and potentially reducing your long-term maintenance burden.
The “seller’s remorse” with Apache 2.0 stems from the potential for your carefully crafted, rewritten codebase to be significantly improved upon by others without any obligation for those improvements to benefit the broader community or your core project, potentially leading to a fragmented ecosystem and missed opportunities for collaborative development.
Ultimately, the decision depends on your long-term vision for Node on FHIR v3. If you want a vibrant, actively improving open-source core that benefits from external contributions, MPL is a strong contender. If your primary goal is maximum adoption at all costs, even if it means minimal contributions back to the core, then Apache 2.0 fits the bill.
This is a thoughtful and relevant discussion, especially given the evolving landscape of open-source and the impact of LLMs. Let’s break down the differences between MPL 2.0 and Apache 2.0, and explore the potential for “seller’s remorse.”
MPL 2.0 vs. Apache 2.0: What You Get from MPL 2.0
The core difference lies in their “copyleft” nature:
Potential for “Seller’s Remorse” with Apache 2.0
Yes, the move to Apache 2.0 could lead to “seller’s remorse” later on, even if your current priorities have shifted. Here’s why and what those unintended outcomes might be:
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Loss of Community Contributions to the Core:
- The biggest risk: This is the most direct consequence. If your motivation for open source is to foster a community that contributes to and improves the core project, Apache 2.0 significantly reduces that incentive. Companies that make valuable improvements might keep them internal for competitive advantage, rather than contributing them back.
- Impact on your project’s vitality: Over time, your public codebase might stagnate compared to the proprietary forks that are being actively developed and improved behind closed doors. This could diminish the perceived value and relevance of your public release.
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Dilution of Your Influence and Control (over the “product”):
- Loss of leverage for collaboration: With AGPL, and even MPL, you had a certain leverage: if others wanted to use your code and benefit from its open-source nature, they had to play by certain rules (contribute back, etc.). With Apache, that leverage is gone. You might find yourself in a position where others are profiting significantly from your work, but you have no mechanism to encourage their collaboration or benefit from their advancements in a structured way.
- Competitors emerging from your own code: While you’re less sensitive to direct competition as a software engineer, think about it from a “product” or “ecosystem” perspective. If a company takes Node on FHIR v3 under Apache 2.0, heavily modifies it, and then offers it as a competing product or service, you have no recourse to benefit from their improvements or even to see what they’ve done. This could still feel like “seller’s remorse” if their version outcompetes yours in the market.
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Reduced Incentive for Others to Engage with Your Public Project:
- If companies can simply take and modify your code without giving back, what’s their incentive to participate in your public forums, report bugs, or even engage in discussions that might benefit your core development? They might just “take” the code and run with it.
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No Mechanism for Funding Future Core Development (through license strategy):
- Your previous dual-license strategy with AGPL was a way to potentially monetize your expertise or the proprietary extensions. While your current focus is different, an Apache 2.0 license closes off any future possibility of leveraging the license itself for direct revenue generation (e.g., through proprietary add-ons or support that rely on a strong copyleft core).
Why MPL 2.0 is a Good Compromise in Your Situation
Given your journey and current considerations, MPL 2.0 appears to be an excellent middle ground:
- Balances openness and protection: It is sufficiently open to encourage widespread adoption, especially by commercial entities, because it allows them to keep their own added-value proprietary.
- Encourages reciprocity where it matters: It ensures that any improvements made to your core Node on FHIR v3 codebase (the files you released under MPL 2.0) are contributed back, fostering a healthier, collectively improved core.
- Mitigates “seller’s remorse”: By ensuring modifications to your core come back, you retain a level of influence over the evolution of the foundational code and benefit from the community’s efforts, even if you’re not the primary developer anymore.
- CMS/MITRE compatibility: MPL 2.0 is generally well-regarded and understood in enterprise and government contexts, and its compatibility with other licenses (including GPL and Apache in many cases) makes it a pragmatic choice.
Recommendation
While the request from MITRE/CMS for Apache 2.0 is a strong pull due to potential adoption, your intuition to go with MPL 2.0 is well-founded. It truly splits the difference between your historical strong copyleft and a fully permissive license, offering a solid balance that protects your interests in the long run without significantly hindering adoption.
Clearly communicating the rationale for MPL 2.0 to the MITRE/CMS team, highlighting its benefits for community contributions to the core, while still allowing for proprietary extensions, could be a key to getting their buy-in. It demonstrates your commitment to open collaboration while retaining a mechanism for the continuous improvement and vitality of the foundational project you’ve poured so much into.