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Posted by Brajeshwar 10/26/2024

Open washing – why companies pretend to be open source(www.theregister.com)
140 points | 88 comments
martin-t 10/26/2024|
The second goal is muddying the waters and making people not care.

Say you're deciding between two programs (or AI models)[0], you prefer an open source one, a colleague prefers one that just pretends to be open. You say your choice is preferable because it's open, he says the same about his choice. Then you say the dreaded "well, actually" and either you sound like a fundamentalist or an asshole.

[0]: None of those are truly open source because they're all trained on stolen data. And see? Now I sound like a fundamentalist.

cbsks 10/27/2024||
I was looking for a list of free AI models and I searched for “open ai models”, which is when I first understood the terrible genius of the “OpenAI” name.
Spivak 10/26/2024|||
I'm not sure why training on stolen data would disqualify them if said data was available or at minimum accurately specified what it was.
youoy 10/26/2024|||
If (stolen) data is available to download ok, that would be the accurate definition of open AI model. But "accurately specified" is not because you would need to trust that the person specifying it is actually honestly doing it. And I think we all know what happens to all that honesty when economic interests are in place.
martin-t 10/26/2024||||
The data is bound by licenses which affect how the resulting model can be used. I release most of my public code under AGPL so that, for most intents and purposes, anybody using it has to also make their code public and benefit society at large.

Now, with LLMs, anybody can launder my code and use it to build proprietary software for his own benefit without giving anything back. That is a violation of the spirit of AGPL and hopefully the law too.

Brian_K_White 10/26/2024|||
Available doesn't excuse anything. I don't know why people say it like it matters.

When CBS lets you watch a show on their web site, even for free and anonymously, they still own the show and did not grant you any right to re-distribute or re-use it.

What AIs do is also not fair use, because that isn't just about the size of a quote but about usage. A discussion is fair use, excerpting simply to pluck a cherry and present it as your own is not.

ErikBjare 10/28/2024||
Not a lawyer, but my (possibly poor) understanding was that courts were leaning towards it indeed being fair use?
Brian_K_White 10/28/2024||
Songs are copyrighted over the equivalent of a mere few bytes.

I shall write a book titled "The wizdom of BKW", and it will contain merely a single sentence plucked from many other famous and deeply insightful authors. Not a discussion or examination of them, and not even credited to any of them. The book will look like you asked me for advice and insights into human nature and philosophy, and all these gems of insight are my direct answer.

No single quote will be more than a sentence or two. A teeny tiny fraction of the 400-page books they came from.

I don't care if any law currently recognizes that as wrong, it is wrong.

myworkinisgood 10/26/2024||
Great point!
neilv 10/26/2024||
Open source was always a corporate-friendly compromise, but seemed like some of the people involved had a lot of integrity.

What we need is those open source people with integrity to put the smack down on those willfully abusing and destroying the terms.

If you can't do it with trademarks/certifications/licensing/memberships/etc., do it with mainstream journalism. Like might be being done here, except The Register has long had rare insider knowledge, and is relatively niche. You need to get the message out to everyone who's not already in the know, including lawmakers.

(Incidentally, the FSF also has integrity, but, besides prompting open source by being zero-compromise -- which is fine in their case -- they have an additional challenge of seeming to be clinically incapable of advocacy in situations that are aligned.)

pyeri 10/26/2024|
That compromise thing was like eons ago when folks like Bruce Perens and ESR tried to tow that fine line between commercial open source and free libre paradigms and were successful to a great degree.

But today, such nuance doesn't exist. The commercial ones have gone full commercial and making no qualms about it (thus the title of this post).

If this attitude continues, all commercial interests in FOSS will be seen with high scepticism unless they have a proven track record of being a good actor.

bubblesnort 10/26/2024||
Open source never had any of the ethics or philosophy that free software has.

Free software > open source.

trehalose 10/26/2024||
Do you think, if open source never existed, if there were only free software and non-free software, we wouldn't be arguing about whether AI corporations can truly call their free models free?
mrweasel 10/26/2024|||
Companies always seemed much more weary of "free software" as compared to open source. Probably because of the ambiguous meaning of free in English, honestly that is one of the reason we have open source as a concept.

Companies like the flexibility in "open source", even companies who release code as GPL rarely talk about "free software", they are open source companies.

pessimizer 10/26/2024|||
How could we? Free Software makes it clear that when you modify the Free thing and productize it, you have to share the modifications with the public under the same licensing. What's there to argue about? You're either doing that or you're not. If you find a loophole in the text, then the license gets updated, the loophole explicitly closed, and everybody who agrees moves to the new version.
jraph 10/26/2024|||
You are confusing Free Software with copyleft.

Free Software licenses and Open source licenses are essentially the same (apart a few odd examples).

The difference between the free software movement and the open source software movement is essentially philosophical.

pessimizer 10/26/2024||
> Free Software licenses and Open source licenses are essentially the same (apart a few odd examples).

Apart from every example of GPL software, which can't be used under the permissive terms of Open Source. The last person I replied to about this used the word "essentially" here, also. Is there a common source slogan for this belief?

Also, somebody should tell all of the people who keep rewriting GPL stuff in order to have an MIT version.

ensignavenger 10/27/2024|||
The GPL qualifies as Open Source, it meets all the requirements of the OSD and is on the OSI list of open source licenses.
jraph 10/27/2024|||
> Is there a common source slogan for this belief?

eh, no, but it's a quite common word to express that idea.

Also:

> for this belief?

> Also, somebody should tell all of the people

Would you consider you might be wrong here? We are several people telling you so.

ensignavenger 10/26/2024||||
Non-copyleft licenses can also qualify as Free Software under the FSF definition.
pessimizer 10/26/2024||
This is a technicality. Non-copyleft licenses can qualify as Free Software because they can be easily relicensed into Free Software (as well as into proprietary software.)
yejanll 10/27/2024||
They qualify as Free Software simply because they meet (though do not protect like copyleft) all 4 freedoms. The relicensing is more of a secondary point.
Ekaros 10/26/2024||||
Free is ambiguous term. It might be free in code and price. Or it might be free in price, but closed source. It could be free for me as private person, but not for business.

Is freeware free software? It is rather murky term for me.

josephcsible 10/26/2024||
The word "free" on its own is ambiguous, but in the phrase "free software", this is the single unambiguous definition: https://www.gnu.org/philosophy/free-sw.en.html

If it's just free in price, then "freeware" is the correct term.

Ekaros 10/27/2024||
Some one gave me a disc with software on it for free. To me that sounds like free software I received. Even if the code is entirely proprietary.

Or I download something like Irfanview for free from internet. That for consumer is free software to use...

It is clearly bad term when it can be used to mean entirely different thing in regular and common use.

goku12 10/27/2024||
That's entirely the fault of the English language. The same term when translated into many other languages (including my first language) creates no such confusion - because they have different words for free as in free beer and free as in free speech.

The point here is that that linguistic peculiarity in just one language doesn't make the word 'free software' invalid or unsuitable, as long as 'free software' is a recognizable term (which it is). This is why FSF makes this explicitly clear with an entire article.

arccy 10/26/2024|||
based on current license choice of projects, turns out most people don't agree...
mistrial9 10/26/2024||
in English, the word "free" has not served well.. suggested alternative "libre" ... oh, except LOSS does not sound great! seems challenging right now.. "free" has failed IMHO .. it is literally mocked by finance people no? every adult in the US and elsewhere must pay bills.. "free" is failing as a label
homebrewer 10/26/2024|||
Probably should have called it "freedom software" like "freedom fighter" or "freedom units" (as opposed to metric units).
bubblesnort 10/26/2024|||
It's not too late for that.
Ringz 10/26/2024||||
Don’t forget „Freedom Fries“.
anthk 10/26/2024|||
Fair software.
goku12 10/27/2024|||
The 'free' in free software has a very relevant meaning that cannot be represented adequately by the alternative word 'fair'.
ptman 10/27/2024|||
https://faircode.io/
pessimizer 10/26/2024|||
Free Software has been wildly and unimaginably successful, and undergirds the world economy.
mistrial9 10/26/2024||
certainly agree (to clarify)
an_d_rew 10/26/2024||
I have worked at multiple companies that vilified open source anything, while building their entire businesses on Linux, Java, Debian, and thousands of other "OSI Approved" software.

It's because, in my experience, the majority of businesses want to take but do not want to feel any obligation to give back or support.

Aeolun 10/26/2024|
Most businesses are started to earn money. Using free stuff while not giving anything away seems perfectly in line with those goals.
LtWorf 10/26/2024|||
> Most businesses are started to earn money.

I thought tech startups were started to con people into thinking they might earn money.

pessimizer 10/26/2024|||
Which was the entire purpose of Open Source, from conception, and the only way it is distinct from other licenses. Open Source is like Free Software, except you can use it without giving anything away.
dragonwriter 10/26/2024|||
> Open Source is like Free Software, except you can use it without giving anything away.

No, Open Source and Free Software are two names for essentially the same thing. The Free Software Foundation has a preference for licenses which go beyond its own Free Software Definition [0] and which are also "Copyleft" [1], but does not define Free Software in a way which requires that it also be Copyleft.

[0] https://www.gnu.org/philosophy/free-sw.en.html [1] https://www.gnu.org/licenses/copyleft.en.html

pessimizer 10/26/2024||
> No, Open Source and Free Software are two names for essentially the same thing.

This is not substantially true, which is why I assume you've added "essentially" in here. Open Source is Free Software, because anybody can take it and make it anything they want as long as they comply with the minimal license terms. Open Source can be proprietary, too, if somebody takes it, complies with the minimal license terms, and makes it proprietary.

dragonwriter 10/26/2024||
> This is not substantially true, which is why I assume you've added "essentially" in here.

No, it is. The OSI Open Source definition and the FSF Free Software definition are framed differently but require substantially the same things, and for virtually every license on which both have expressed an opinion, they have cone to the same conclusion as to whether it meets each organization’s requirements.

Free Software does not require a license that prevents proprietary re-licensing, that is an additional separate concern beyond the Free Software definition (Copyleft); the FSF generally prefers copyleft licenses, but recognizes non-copyleft licenses as Free Software licenses.

You seem to under the mistaken impression that copyleft is a requirement to meet the Free Software definition, but that has never been the case.

goku12 10/27/2024|||
To be clear, Open Source and Free Software aren't licenses. They are philosophies. FOSS licenses come in two major varieties - copyleft (like GPL) and permissive (like MIT). It's possible for either type of license to conform to both open source and free software philosophies. In fact, the vast majority of FOSS licenses - both copyleft and permissive - are endorsed by both camps (OSI and FSF). Also, both camps reject licenses for similar reasons - like for having proprietary terms (as in case of BSL).

The property of being able to keep changes to oneself is the property of permissive licenses, not opensource. Open source software under copyleft licenses cannot be modified and distributed while withholding changes. The inverse is applicable to FS under permissive license too.

The real difference between free software and open source is in how they treat the software. FS camp considers software as something that should give the users total freedom over the computing devices they own. The software shouldn't constrain or exploit the end user in any manner. This of course needs the source to be open.

OSS camp established open source because they realized the advantages of 'open' source, but didn't like the emphasis on freedom. That's more in line with corporate philosophy - take advantage of unaffiliated talent to increase code volume and quality, without making any commitment to user freedom. This is why many companies completely avoid the term free software. It's also easy to find 'open source' code that's very exploitative towards users, despite being open and using FSF-endorsed licenses.

mirekrusin 10/26/2024||
True, this needs clarification that currently doesn't exist for large models where training costs heavy millions and binary artifact is both precious and malleable – unlike ordinary compilation.

Regardless if – once OSI establishes their definition(s) – Meta will choose path of adherence or not, they still deserve a paragraph of praise for what they're doing.

As a side note OSI should also recognize that in the era of giant cloud providers protection from predatory market participants is also a thing and should exist as clear licensing option. Mongo, Elastic and Redis drama could be avoided in the future if there was a clear option to protect author side sustainability without affecting open source spirit for end users.

ps. I also believe that "Open <something>" should be protected phrase similar to how "Police", "Federal", "Government" or "Organic" is protected to not mislead the public so we don't have things like "OpenAI" nonsense.

mdaniel 10/26/2024||
I can more readily(?) accept ones which mis-label their announcements of "Open Source!!1 under My Awesome License 1.0beta" than I can rug-pulls. Look, if you wanna use some rights-harming license and just shit on the term "Open Source," that's bad, but from a certain perspective understandable if the marketing folks don't grok the nuances of Open Source. The world is filled with misguided people, and I can just command-w the window and never use your product

But if you accept contributions from the community for years, and ingrain your product in hundreds of thousands of workflows around the world, and only then decide "holy shit, salaries cost money, best yank our license" that should be a case of fraud and you should be civilly liable, in my opinion

teddyh 10/27/2024|
Companies whose products’ licenses permit rugpulls exist because the company wants to have the option to rugpull. If you don’t want to have the rug pulled on you, don’t use products with such licenses.
kvemkon 10/26/2024||
Related:

OSI readies controversial open-source AI definition (26.10.2024)

https://news.ycombinator.com/item?id=41951421

scirob 10/26/2024||
an agregious example is thirdweb who technically has the product open sourced but is written to not work without an API key and phone home to SAAS to check your API call limit..

https://github.com/thirdweb-dev/engine?tab=readme-ov-file https://portal.thirdweb.com/engine/self-host

It makes me sad becuase I was working on a getting a team together to build a real opensource and free alternative but once they found thirdweb they all got discouraged thinking that no one will understand why our real open product is diffierent

josephcsible 10/26/2024||
If it's open source, can't you just fork it and remove that antifeature?
BlueTemplar 10/26/2024|||
Another example why the 4 freedoms aren't good enough any more, and we need the 11 freedoms :

http://elevenfreedoms.org/freedoms/#runinisolation

LtWorf 10/26/2024||
What even is this thing?
Sytten 10/26/2024||
Direct consequence IMO of our failure to popularize good licenses in another concept like fair source that sits in-between open source and closed source. My small non-saas bootstrap company could not survive if it was OSS, but maybe fair source.
lordofgibbons 10/26/2024|
> The pair found that while a handful of lesser-known LLMs, such as AllenAI's OLMo and BigScience Workshop + HuggingFace with BloomZ could be considered open, most are not.

It's absolutely wild to think the deranged BigScience RAIL license, under which the Bloom LLM was released, is open in any way shape or form. It has more user-harming restrictions than basically any other LLM license out there.

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