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Understanding the Facebook vs Apache Software Foundation License Kerfuffle

Disclaimers: I am not a lawyer. I’m not speaking for Facebook, the ASF, or CouchDB. This is a personal view on the matter.

tl;dr: Projects at the Apache Software Foundation can no longer use dependencies that are distributed under Facebook’s “BSD+Patents” license, including React.

Intent of this post

I’m trying to explain the situation in simple language and without bias. There is a lot of misinformation around this issue that I hope I can clear up here. If there is anything that I got wrong here, please do let me know.

What happened?

Why did it happen?

To understand the conflict, we need to examine what the ASF and Facebook respectively are trying to achieve with their policies and licenses.

Aside: I want to make doubly clear that I’m not trying to take sides in any of this, I’m merely explaining the underlying intentions of very dense legal texts. In my opinion, both Facebook and the ASF can do whatever they want in terms of licensing. And if their goals differ, that might lead to conflict, like in this case. That’s unfortunate, but that’s the messy world we live in.

The ASF Side

It is the ASF’s Policy, that anyone using Apache projects as a dependency for an Open Source or commercial project can do so without (m)any restrictions.

The Apache License 2.0 lists a few restrictions, briefly:

In return, the Apache License 2.0 then grants you a copyright license that lets you do whatever. This is what’s most relevant to other Open Source projects.

It also grants you a patent license, which is most relevant to commercial users of Apache projects.

As an example, this means I can take Apache CouchDB and release it as a new commercial and closed-source database JanDB. Given that I abide by the requirements mentioned in the Apache License 2.0 (as summarised above), with or without modifications, for free or for money or any other purpose I choose.

This “downstream freedom” is a major intention of why the ASF exists in the first place and is as such encoded in their policies and licenses.

Now, the Apache License 2.0 includes one more restriction and its part of the aforementioned patent license. If you are using an Apache project you can’t use any of your patents to claim that the ASF or anyone else who is using that same project is infringing on your patent without losing the patent license to the Apache Project.

In the JanDB example, if I hold a particular patent on database technology, I can’t sue any other CouchDB users over that patent, without also losing my patent license for CouchDB from the ASF. I can still sue them over other matters, including patents infringed on by other software the other companies are using.

In order to make it simpler for Apache projects to decide what kind of licenses its dependencies can have, the ASF has created a handy overview of allowed, and disallowed licenses, and everything in between. The disallowed licenses are classified as “Category X” licenses. This list includes a number of very popular Open Source licenses including the GPL family and many others.

The Facebook Side

Facebook’s focus with its BSD+Patents license is protection against so-called “frivolous” or “meritless” lawsuits. In short: if you are a big company with lots of money and exposure, enterprising assholes will try to come after you for whatever reason to legally extract some of that money or exposure. Patents are a prime vehicle for such asshattery.

The BSD+Patents license is designed to minimise these lawsuits for Facebook, and with the August 18th decision they have confirmed that this remains a high priority.

The Facebook patent clause has a similar restriction to what the Apache License 2.0 states, except, it is broader in definition. Whereas the Apache License 2.0 version specifically restricts its clause to “the Work” (say Apache CouchDB), the Facebook patent license is revoked when any “Patent Assertion” is brought up against Facebook.

So if you have a patent that you think some part of Facebook infringes upon, but is unrelated to your use of React, you lose your patent license to React when you decide to sue Facebook over that patent. In the Apache License 2.0 case, you only lose the patent license if you assert the same infringement for the project you are yourself licensing (say Apache CouchDB in the “JanDB” example).

In October 2014, Facebook switched React from the Apache License 2.0 to BSD+Patents explicitly, because it contains a broader protection and in October 2016 have confirmed their intentions in call between the ASF and Facebook.

What does that mean?

Projects at the Apache Software Foundation can not use any dependencies that are labelled as Category X by the ASF’s Legal team. This includes React + ecosystem projects that are also released by Facebook under the BSD+Patents license. Projects that already use such dependencies can not make any new releases past August 31st, 2017 including these dependencies, and have to migrate away from these dependencies now.

Affected projects are (at least): Cordova, Superset, TrafficControl, Ambari, Allura, Whimsy, Spot, Myriad, CouchDB, Lens, SensSoft, Sling.

FAQ

What are the options for ASF projects now?

  1. remove the dependency altogether, or find an alternative that has a compatible license, and deal with whatever extra work that needs to be done to make the migration.

  2. move to a plugin architecture where the BSD+Patents licensed plugin is maintained and distributed outside of the ASF, but can be added by end-users.

Aside: it is true that there are projects that have (or claim) API compatibility with React, that come with compatible licenses. “Just use X” is a common recommendation that ignores a bunch of realities:

Why didn’t the ASF do this sooner?

The ASF Legal team doesn’t proactively review any and all software licenses. This issue was brought up on April 20th, 2017, and resolved within the ASF by June 17th.

What does that mean for the license compatibility with other Apache License 2.0 licensed projects using React?

Nothing.

The incompatibility is between the BSD+Patents license and ASF policy.

What does this mean for my (open source or closed source) project that uses both ASF and React software.

Nothing.

What does this means for me/my Open Source project/my company that is using React?

Nothing.

Unless you are part of the ASF or another organisation that has a similar policy regarding the BSD+Patents license. There seem to be a few.

Why was RocksDB relicensed and React et.al. weren’t?

I can only speculate, but React is a much much larger target, was differently licensed from the get go, and Facebook is interested in having RocksDB support in Cassandra and seems to be contributing that work. But I wouldn’t know for sure.

Aren’t Software Patents just the worst?

Yes.

But I’d rather have the ASF and Facebook be upfront about their intentions than leaving things in the dark like most other Open Source projects and companies.

Sustainable Open Source: The Maintainers Perspective or: How I Learned to Stop Caring and Love Open Source

If you want your open source maintaining to be sustainable, you need to stop caring.

Wait what?

Nolan wrote a very in-depth description of what maintaining open source projects can feel like.

Mikeal suggests leaving projects is the solution, which I think is only the most extreme option.

I’m offering middle ground: stop caring.

I can relate to everything that Nolan is saying and I must know that Mikeal’s solution is always an option in order to be able to not care effectively.

Inbox Zero Redux

Before I stop caring though, I’d like to address a flaw in how I see people apply “Inbox Zero”. Nolan uses the powerful metaphor of people in front of your door with their problems.

Just because there are people with problems in front of your door, that doesn’t mean they are your problems. You can choose to make them yours, but you want to be very careful about what to care about. Ideally you don’t care about any of these problems and none of these people (more on the people later).

Inbox Zero doesn’t mean you have to have looked at everything, or even handled everything (like replied to every email or commented on every issue), but to have sorted everything into piles that you can work on in batches (it’s more efficient from a context-switch perspective) when you have the time.

When you have the time. This implies that you have to make time to actually resolve issues coming into your inbox. This also means: if you can’t make time, these issues are not going to get handled. And the only way to be okay with this is to stop caring about the issues.

And being very good about being able to bubble to the top what you do want to take time for.

GitHub Notifications, like Email, is often treated as a world-writable todo list. This works for small number of people writing issues, but with a semi successful open source project or multiple small ones, you easily surpass this being a useful model.

As a result I treat all my open source notifications and email as: I might not get to this.

Caring

This is from my perspective of maintaining two large-ish Open Source projects: Apache CouchDB and Hoodie and many many small projects I started, or contributed to. CouchDB even went through the birth of the NoSQL database category, so on top of all the Open Source stuff, I had a nascent venture capital infused industry to deal with.

All the advice I have here is for later-stage Open Source projects. For early stage projects, care is the only thing you can give them. But once you’ve shipped version 1.0.0 or even 2.0.0, once you wrote all the documentation, once people start using the project in production with success, once you’ve talked the 100th person through getting started on IRC or Slack, your priorities have to change.

Here’s the list of things I do care about in later-stage Open Source projects:

Not Caring

Here is a list of things that come up repeatedly, with any variety of urgency, anger, and frustration:

“Hey, I found [other database] works better for me.”: Great! I don’t care.

“Hey I’m building this app / solving this university assignment, can you help me with…”: No, don’t care.

“Hey, I see you haven’t released a new version in X days/weeks/months/years”: I don’t care.

“Hey, I found problem X in your tool”: I don’t care.

“Hey, I can’t get started with your thing”: I don’t care (I’ve already written the docs).

“Hey, I reported this issue, but nobody is picking it up”: I don’t care, send a PR and it might get better.

“Hey, I opened a PR and it doesn’t get merged”: I don’t care.

“Hey, I opened a PR and it doesn’t get merged, and now I’m frustrated and I blame you for stringing me along to spend so much time on this.”: I especially don’t care about guilt-tripping.

“Hey, I read on Hacker News…”: I don’t care.

“Hey, your project is shit.”: Don’t care, insta-block.

None of this is to say that I don’t try and address these people’s issues and concerns, as much as I can, too. But on my terms and in my time, and the only thing that lets me sleep at night is not caring about any of these things. I’ll get to them eventually, some may fall between the cracks.

It’s not nice from a project or people perspective, but short of leaving the project and leaving it all behind, I found this to be the only way to make my personal Open Source maintainership sustainable.

Ten Years with CouchDB

I read a lot of biographies. There is a pattern where people move on after ten years on a project, be it a band, a movie franchise, a company, or an open source project. Not everyone leaves whatever they are doing after ten years, but there is a definite trend.

A few years ago, when my ten years with CouchDB started showing up on the horizon, I started wondering whether I’d be one of the people that feel after ten years, they have given their project everything they had to give, and that they had to move on.

I started preparing for the fact that I might feel like I’m done with CouchDB. I started thinking about what that would mean in terms of transitioning my duties at the project.

I never got very far. A scenario where I wouldn’t be part of the CouchDB project just didn’t present itself. So while still being open minded about the ten year mark, I stopped worrying about it.

Getting Started

CouchDB 2.0 just came out. It is a major milestone in the project. In a way it is finally fulfilling CouchDB’s original vision. It occurred around my ten year anniversary, and from a timing point of view, it would be the perfect moment to move on.

But I never felt it. I never felt being done. Instead, I feel we are just getting started. We’ve got the basics down now and there are a large number of topic areas that we can pursue to make CouchDB a lot better for a great number of people.

From the Archive

My first contribution to CouchDB was a Unix-compatible build system (Linux, FreeBSD & Mac at the time). Custom Makefile and everything. It became part of CouchDB 0.5.0 and I threw in a Mac application as well.

I have since worked on every part of the project, and I have a long list of things I’d like to achieve before I feel I’ve given CouchDB everything I’ve got to give.

I feel like I’m just getting started.

Sustainable Open Source

Recently, two major open source projects in the JavaScript world have started pleas to contributions, because they were running out of people to move the projects forward.

Reading the issues and tweets around this, I accidentally a Twitter rant (*). Now I want to write this up with a little more detail.

All of this is based on the premise that the lifeblood of an open source project are the people who work on the project. If you disagree with that premise, you don’t have to keep reading (I’m not saying you are wrong, but you won’t get anything out of this).

Another premise here is that open source projects are largely contributed to by people in their spare time. Of course that’s not all open source projects, and those who have paid full- or part-time staff still benefit from this discussion, but I want to focus on the scenario where people contribute to projects, and create a benefit for the larger community, in their own time.

In the twitter rant, I postulated a list of priorities for open source projects, if they want to be run sustainably. Before I go into the priorities, let me explain what I mean by a sustainable open source project.

Sustainable Open Source Project

A sustainable open source project is one that, during its lifetime, does not run out of contributors. There are two factors here that make projects run out of people:

1. Existing people leave the project.
2. No new people join the project.

To keep people who are already contributing, there are few basics things you need to get right.

1. Care about them as people, rather than producers of contributions (whether it is code, or docs, or designs for the website).

For example: if somebody promised to do something at a certain time, but then life gets in the way: don’t chastise them, and don’t have a culture of where they are even afraid of telling you that they are missing the deadline. Support them in their hardship, be open and understanding of people’s limited time. You don’t have to become their counsellor, but caring about your collaborators as people instead of just the code they commit makes all the difference.

2. Make sure your contributors don’t burn out,

In open source projects there is always a lot to do, more than could ever be done in a reasonable amount of time, even if paid for full-time. That creates pressure for the people who care about moving the project forward, respond to all issues, review all pull requests, write all the docs, etc.

As the people who run an open source project, it is your responsibility that this pressure doesn’t eat up contributors. For example, observe whether people take a break from contributing. As in everything, you must take breaks to be successful long-term. Maybe have a policy where people have to take a week or two off from participating in the project every three months. I’m sure you can think of other ways that would work for you.

3, Make sure there are enough people who, together, can take on the workload of the project, even with people taking regular breaks. If you can’t get enough people together, reduce the scope of the project until it matches what your contributors can handle.

This specifically includes not only writing code, but writing docs, supporting end-users in issues, on Slack/IRC, StackOverflow etc, project marketing (updating the blog/twitter/tumblr), keeping drive-by contributors happy by reviewing pull requests and issues in a timely and friendly manner, and so on. There are ton of time-hogs that are not obvious in open source projects.

For larger projects this even includes press inquiries, legal topics (licensing and naming are just two of the very hairy topics that eat a lot of time, in my experience), coordination with other projects in the space, work on foundations (hello Node.js) etc.

tl;dr: Open Source projects are a lot more than just committing code to a repository somewhere. Make sure you have enough people to handle what you want to achieve.

4. Have a Code of Conduct and be prepared to enforce it. As with all human things, people are bound to disagree. A CoC will bind everyone to keep disagreements civil and productive. And yet, some people won’t play by the rules, or understand the rules in a different way. And with a potentially global audience, cultural difference will make this doubly complicated.

But: you have to have a Code of Conduct that explains what happens if somebody repeatedly violates it. And when that happens, you have to act on what you wrote down. In most extreme cases, this means expelling an individual from the community. This is one of the hardest things I’ve ever done while running an open source project, but it has to be done.

Getting new people to join the project

All of the above will help you retain people, once they are engaged with your project. Here are a few tips on how to make sure you have enough new people coming in to shoulder all the work, account for people taking breaks, and account for others losing interest, or having other commitments.

1. Always be recruiting.

As an open source project, your scarcest resource is people’s time and attention. In order to get anything done, you will need more people. And as everywhere else, recruiting is hard, so it has to be your top priority.

For example: there’s a tough bug in your code, you could sit down for an hour and fix it. Or you could sit down for an hour and write an issue that explains enough of the context of the project so someone else would be able to fix it. Do the latter and you have a chance of recruiting someone, while at the same time more than one person can learn about the project’s internals from the issue, maybe take that part of the issue and put it into your README under “developer documentation.”

There are many, many more opportunities on how to involve new people rather than “quickly doing it yourself”, try to find out which ones apply to your project.

2. Again: Care about the people first and their contributions second.

Naturally, newcomer’s contributions aren’t as complete or far-reaching than those of experienced contributors, so it is doubly important for you care about the people and their enthusiasm about your project more than that typo-fix they put on the website. We’ve turned someone who fixed a single typo on the website to a steady contributor and well respected community member that now helps out all over the project at Hoodie, for example.

At the Apache Software Foundation, where the CouchDB project is run, we have a mantra: Community over Code. — It is a hard learned lesson from running high-profile open source projects like the Apache Web Server, Hadoop or Lucene, for over 20 years now. The reasoning is simple: if the right people rally around an idea, the right code will follow. But without a community who cares, no ever so brilliant piece of code, is worth anything.

This takes very little of your time and makes all the difference.

3. Document your processes.

Have you ever been to a (tech-) event where you didn’t know anyone, but everyone else seemed to stand in groups and chat like old friends? — I’ve been to tons of them, and as an introvert, this is not a lot of fun, and even as an extrovert, this is a challenge.

Now imagine you want to contribute to an open source project where you see some people doing some work, but you don’t see why or how this is happening and where people talk about things.

Here are a few things that happen in your open source project that are handled implicitly. You personally have no problem with this, because you either invented the practices, or were around when they were established, but for a newcomer, these are impenetrable barriers to participating.

Releases. Someone somewhere puts a tag into git, a tarball on a website, or a package into your package manager. Who decides when that happens? What objective criteria need to be fulfilled before a new release is made? Who or what decides whether a particular contribution, feature, or bugfix makes it into the next (or any) release? Who decides on the tag? Who publishes the tarball or package?

If you don’t document all of this in detail, you won’t get anyone ever helping with this. Usually, much of this is very implicit, and by making it explicit by documenting it, you often find that you have some flaw in your procedure, that you can simplify or automate a certain aspect, but most of all, somebody else can join and help.

“Hey, we are stuck on step 3 of the release process, does somebody have time to do 4 and 5?”

Accepting and declining Issues, feature requests and pull requests. Who decides whether an issue is an issue? Who decides whether a particular feature is merged from a pull request, or against the direction the project wants to go in? What are your commit message, code-listing and test-coverage requirements (use GitHub’s CONTRIBUTING.md)?

Put as much of your project’s vision and direction in writing. Of course a lot of this will be in flux as you go along, but if you copiously document this, anyone can jump in at any time and make the right call.

At CouchDB, we even went so far as to document our decision making process as part of our bylaws, which explain how the project operates. If this seems overly tedious bureaucracy to you, you do have a point: this takes time, especially agreeing on everything in large community, but it is very worth it. Since establishing the bylaws, we’ve had numerous new contributors come in and work as part of the project as if they’ve been around forever, following the right procedures to get their initiatives to a successful conclusion and thus making CouchDB a lot better.

Make your communication channels explicit*. At the ASF we have a rule that every project decision must happen on the dev@ mailing list in order for everyone having a chance to read about it in their own time and join the conversation at a central and transparent point.

At the same time, we have a busy IRC channel where we discuss a lot of ideas in a higher-bandwidth environment. However, once we get out of the half-baked stage for anything, we write it up on dev@ and have everyone else who couldn’t e.g. be on IRC at that moment (because they are on the other side of the globe, or at work) catch up with everything and partake in the conversation. Yes, this slows things down a little, but it makes sure everyone has a chance to see everything and be heard.

Whatever your communication channels are, make sure they are documented in your README, on your website and documentation. Make it easy (and free) for people to join and explain the etiquette of the medium.

Special shout out to the FreeBSD project, which is outstanding at documenting their inner workings <3

Specifically reach out to people for “positions” you want to see filled. At Hoodie, we’ve recently decided that we’d like to have a dedicated editorial team that handles our website, twitter, tumblr, etc. because the rest of us didn’t really have the capacities to maintain them all, and previous attempts made us lose two community members getting overwhelmed with the responsibility, so now we are recruiting a team (c.f. taking on only so much that you have enough people to handle it, see above).

As a result, we published a dedicated “job ad” for the position. We are just getting started, but the response has been so overwhelmingly positive that I strongly believe we’ll be very successful going forward with this for other positions. Try it.

Culture

In an earlier life I was deeply involved in the PHP community. One of the prime places to get support for problems with PHP was the IRC channel #php on EFnet. IRC and EFnet in particular are notoriously hostile places (I know there are worse IRC networks, I don’t need to be reminded of them), and that culture translated to the #php channel.

I was young and just thought that’s how things are. So I helped people out, and made fun of people who didn’t seem to know there way around (“press F4 to make this chat go faster”). I’m not very proud of being part of a hostile culture in hindsight, but at the time, I thought that’s just how things are.

Over time, I learned how beneficial it is to not antagonise people who are trying to use your open source project. Maybe in the context of PHP it didn’t matter because it was so popular, but later on, this got me thinking.


BIG FAT DISCLAIMER INTERMISSION: This is not a generalisation about the PHP community. As any community, the PHP community goes through its ups and downs and has its good and bad actors, but overall, the people who work on and with PHP are a great bunch that I have learned from half a career’s worth of knowledge and experience. Senior developers have mentored me (a high school student at the time) and helped me understand a lot about the web, not just PHP. I’m eternally grateful for this. INTERMISSION END.


When I started out at CouchDB and we finally joined the ASF and it was standard procedure to have a user@ mailing list for end-user support, I remembered my days in the #php channel and decided that that’s not the culture I want to have there. So for the first three or so years, I tried to be involved with every thread on the mailing list, and showing exemplary behaviour, being nice to people, taking their issues seriously and trying to be helpful overall. After a while, people stuck around not to only ask questions, but to help with the answering as well, and to my complete delight, they mimicked my style.

My responsibilities since have shifted quite a bit and I’m no longer checking on the user@ mailing list day-to-day, but every time I join and read, I see the culture that I helped plant there seven years ago and it makes me very proud.

Culture isn’t just what happens to you, culture is what you make of it.

Whatever you want your culture to be for your open source project’s community, as the people who are most visible, it is up to you to lead by example.

Money

If you follow my premise of people being the biggest asset in open source and recruiting and retaining them is your first priority, then it follows that it would be really easy to grow your contributors.

The ratio of women in IT is about 17-25% (depending on the study), but the ratio of women in open source are 0.1-5%. For me that means: we have spare talent that isn’t participating in our projects that could help with all of the above.

Sadly, we don’t have good numbers (as far as I know, if you have them, please send them along!) for other groups of people who are underrepresented in technology and open source specifically, including, but not limited to, people of colour, LGBTQI+ people, people with disabilities, people who do private care work (for children or elderly family members), or people of lower economic status. All of this section equally applies to all of these groups and I’m just taking women as an example because we have the numbers there. Rest assured, the numbers are worse than they are for women in open source, so we have some work ahead of us.

The summary here for why this disparity exists is that most people in open source are young white guys from a upper-middle-class (in the EU sense) and above, like myself. We all have the privileges that allow us to spend our spare time, or even paid time, on open source projects, but as is evident by the numbers, that privilege doesn’t extend to your average single mother of two, or person of colour who couldn’t land a job in IT, despite the qualification.

One way out of this would be a way for people to get paid to work on open source projects, and especially those people who are underrepresented in tech, because their time needs to be paid for. But this also includes the dedicated individuals who were privileged enough to have enough time to work on an open source project that is now so popular that it demands so much of their time that they can’t do it in their spare time sustainably.

Unfortunately, I have no guidelines for this. Financing open source is an open topic and people have far-reaching opinions from wanting to keep money out of open source at all cost (rimshot) or not, and people who are already raising money for tech projects by marginalised people.

However, this is not a mainstream discussion yet, although smaller initiatives exist, even after the Heartbleed disaster. Even though OpenSSL is comfortably funded now, this was a purely reactionary initiative (that worked well, no qualms about that), but we have no strategy about how to address this and it’s about time that we started having this discussion.

So much of our work and infrastructure depends on Open Source, and it’s time we took the people doing this work as seriously as as the highly financed startups and corporations that depend on of all this freely available work.


Let’s make open source sustainable!

Why Technology Hype is a Good Thing

Hype for technologies is usually seen as a bad thing™.

While I don’t want to deny that there are downsides to this, I also see an upside.

tl;dr: Don’t consider a hype an annoying fashion, but rather a massively distributed mechanism for more quickly figuring out value.

Hype gets a technology and the ideas behind it exposure with a lot of people. Not all ideas are going to be good, and the more people take a good look at one, the earlier we will find out what is good and what isn’t.

History is full of this: XML started out as a document structuring format. But soon after it became popular, people started using it for everything, including computer to computer communication (SOAP, WS-*).

And that was very very very popular. Until we collectively realised that we’ve taken things a little too far. XML is a fine format for the things it was designed to do, but it is not a good generic data protocol format.

Some of the good ideas of XML survive though: Validation is still useful, but it is more optional in the JSON world we live today. There are enough cases where validation is not needed, or would be a prohibitive barrier to entry. We know that now. So we made it opt-in.

Another thing I see hyped these days (for a while now, actually) is Docker. I don’t have too much experience with it, but it appears that people are starting to do everything with Docker. And I’m excited about this. Not because I believe Docker is the end to all means, but because we will collectively find out more quickly what the good and not so good ideas behind Docker are.

The more popular something gets, the more critics it attracts. And in the view of the discourse of community learning and understanding, that’s a good thing. Criticism that has merit will spread, and we will all learn what the good ideas are.

In the JavaScript world, React is all the rage. At JSConf EU, we got a lot of proposals for React-ish talks, which is just another way of saying, people are doing everything with React.

We don’t know yet, what the good ideas behind React are going to be, so we have to have a little patience before things will shake out. But they will.

To hype!

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