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Why the ‘spirit’ of open source means much more than a license

Arguments about what is and isn’t “open source” are often resolved by deferring to the Open Source Initiative (OSI): If a piece of software is available under a license rubber stamped as “open source” by the OSI’s formal “definition,” then that software is open source.

But waters muddy when you get into the nuts and bolts of legal definitions versus the “spirit” of what open source really means. Indeed, there is significant nuance in the open source versus proprietary software debate: Has an “open source company” hamstrung its project by sliding core features behind a commercial paywall? How much transparency is there around the project’s development? And how much direct input does the “community” really have in a given project?

To many, open source is not just about the legal ability to use and modify code; the culture, transparency, and governance around it is paramount.

Android, the Open Source Project

Everyone knows about the Google-flavored version of Android that ships on smartphones and tablets, replete with an array of apps and services. The underlying Android Open Source Project (AOSP), released under a permissive Apache 2.0-license, is available for anyone to access, “fork,” and modify for their own hardware projects.

Android, by just about any definition, is about as open source as it gets. And Google has used this fact in its defense against anti-competition criticism, noting that Amazon has reappropriated Android for its own lineup of Fire-branded devices. But all this ignores separate “anti-fragmentation agreements” Google signed with hardware makers that restrict them from using forked versions of Android. And unlike something like Kubernetes that sits under an independent foundation with a diverse range of corporate and community contributors, Android sits under the direct control of Google without a great deal of transparency over roadmap or community input.

The AI Factor

These debates won’t be going anywhere anytime soon, as open source has emerged as a major focal point in the AI realm.

China’s DeepSeek arrived with a bang off the back of open source hype, and while the models’ MIT licenses are very much recognized as open source, there remains black holes around training data among other components. Which is why researchers at Hugging Face are trying to create an even “more open” version of DeepSeek’s reasoning model.

Meta, meanwhile, has long tooted its open source horn with regards to its Llama-branded large language models (LLMs), even though Llama isn’t open source by most estimations — the models, while perhaps more “open” than others, have commercial restrictions.

Clear Parameters

While there are clear arguments for applying additional criteria that incorporates the “spirit” of what open source is intended to be all about, having clear parameters — as defined by a license — keeps things simple and less subject to nuanced subjectivity.

How much community engagement would be necessary for something to be truly “open source”? On a practical and legal level, keeping the definition limited to the license makes sense.

Conclusion

The debate around what constitutes “open source” is far from over, and it seems that the Open Source Initiative’s definition will continue to be a benchmark for the industry. However, as the AI landscape continues to evolve, it is essential to consider the nuances of what it means to be open source in this context.

FAQs

Q: What is the Open Source Initiative (OSI)?
A: The Open Source Initiative (OSI) is a non-profit organization that defines and promotes open source software.

Q: What is the difference between open source and proprietary software?
A: Open source software is software that is available under a license that allows users to modify and distribute the code, whereas proprietary software is software that is owned and controlled by a single entity and is not available for modification or distribution.

Q: What is the significance of the Open Source Definition?
A: The Open Source Definition is a set of criteria that defines what constitutes open source software. It provides a clear and consistent way to determine whether software is open source or not.

Q: What is the role of the OSI in the open source community?
A: The OSI plays a crucial role in the open source community by providing a clear definition of open source software and promoting the use and adoption of open source software.

Q: How does the OSI definition of open source impact the industry?
A: The OSI definition of open source has a significant impact on the industry as it provides a clear and consistent way to determine whether software is open source or not. It also helps to promote the use and adoption of open source software and ensures that software is available for modification and distribution.

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