Comment Contribution Bounties and other thoughts (Score 1) 85
One thing you could do is write up a custom license and have contribution bounties.
The license would go something like this:
- Only "Your Company" can sell either the code (any part of it), any derived works based on the code, or the binaries.
- Any party who pays for a license for the "Ultimate Plan" (or whatever you want to call it) gets a copy of the source code.
- Any party that does not have an "Ultimate Plan" does NOT get the source code, and MAY NOT distribute any binaries they get, whether purchased from you or given to them by others.
- Anyone who has a legit copy of the source code may distribute binaries (modified or originals) to any third-party they wish, royalty-free. That third party can only use and distribute the binaries but may not modify or view the code unless they also have an "Ultimate Plan" with Your Company.
- Anyone who distributes modified binaries to others containing changes that they themselves made using the source code, MUST provide the source code changes they made back to you (for free).
- Anyone who does NOT distribute modified binaries to others MAY do one of two things: either keep all their code/binary changes a "secret" (don't share them with anyone), OR they may submit them for a Contribution Bounty to Your Company. Your Company will look at the source code (without storing a copy of it or taking any ideas from it) and place a value on it, and offer a "take it or leave it" monetary compensation for the contribution. If accepted, Your Company will receive copyright attribution to the code, so you can do whatever you want with it. If refused, Your Company must destroy all copies of the code/binaries you got from them.
So we'd have situations like the following:
Scenario A: The University of Vulcan buys your Ultimate Plan and has the source code. Their researcher comes up with an innovative new algorithm that will make your software better. They use it and your product in a paper, and distribute their compiled binaries so other researchers can test it. As soon as they go to distribute modified binaries to third parties, they realize that they are now required to give you back the source code they changed. They comply with the license and do so. You win because you get code to enhance your product for free. The university wins because they can give away their modified copy of your product to other researchers as a way of demonstrating their work.
Scenario B: The University of Tassadar buys your Ultimate Plan and has the source code. Their researcher finds a neat security vulnerability in your product. They don't have any incentive to share it with anyone else, but they want to bring in some revenue from it, so they sell the vulnerability details and patch to fix it to you for $5000. The university wins because they got some money (and the guy can probably write a paper on it). You win because your product has one less security vulnerability.
Scenario C: An independent self-taught researcher wants to use your product. They are not a very advanced user so they don't have a special need to modify the code. For a reasonable price that a person making a living wage (or slightly less) can afford, they go to your site and purchase a "Basic Plan" that gives them access to the binaries and some type of support. The researcher wins because he got a good product at an affordable price. You win because you made money.
Scenario D: An independent researcher knows a friend who's also a researcher as part of a large institution with an Ultimate Plan. The independent guy wants to use your product, but is very poor. Since he knows the guy from the institution, he gets him to provide a binary, free of charge, so he can work on stuff that needs to use a product like this. The independent researcher benefits by getting access to your product for free without breaking his budget. The institution benefits by increasing its networking with the larger scientific community. You benefit because you already sold the university an Ultimate Plan (probably very expensive) to grant them the license to share the binaries in the first place.
A scheme like this is:
(1) Complicated,
(2) Hard to explain in just a few brief sentences,
(3) Likely to be deliberately skirted around by researchers looking just to "get a job done",
(4) Also pretty likely to be accidentally skirted around by people who do not really understand the full details of your license terms,
(5) Probably not going to net you any more money than if you made a much simpler and more straightforward marketing plan (either proprietary or open source).
This is my second submission to answering this
In conclusion, I'd say that you should not attempt any half-measures. Either go straight for a true Free and Open Source license (preferably copyleft, but hey, the Apache 2.0 license isn't bad), or lock it up and sell licenses. Don't do anything in between.