First, let me start with the standard lawyer fare of stating that I’m not providing any legal advice. Without knowing the particulars of the business model, goals, etc, being able to provide an ample legal solution is simply not possible.
With that said, open source software does have a proven track record. Companies can be built upon the model. Yes it may be fraught with challenges, but with it come benefits as well.
It is the model that pretends to be open to the community, but is in fact a wolf in sheep’s clothing, that bother me greatly. Many developers will likely not understand the potential threat of something like the Commons Clause. If for no other reason than the name itself seems innocuous. Perhaps @mrjn does not fully understand, at least that is my read given his earlier response.
Perhaps there is a place for something like this clause. I can see it for something like ratel. A tool that is used by developers, but not made to be reused. The database itself is fundamentally different. Its purpose is to be embedded into a larger stack. That Clause has now compromised that stack. It is entirely inappropriate for any project where the developer may want to attract business from the public. Even if it were an entirely internal sysyem with no public facing UI, it’s broad nature might still be far reaching enough to taint it.
Speaking for myself, with this license, I cannot see building anything other than a proof of concept, housed in my machine, for my usage only. Even that I would be wary of. “Substantial” is a vague word that can be interpreted (and had been) differently by different courts in different jurisdictions. I would not be willing to risk myself or my business over that word.
Yes, dgraph is nice. But as long as it remains under a restrictive license, I cannot advocate its adoption, nor implement it myself. There are many other open source alternatives.
If I were to advise dgraph I would start by making sure there was a clear identity and set of company goals. And if I were asked about adopting this Clause, I would ask why? Because in the end I don’t think it does what they want. With a clear perspective, only then can the appropriate license be chosen. I won’t surmise as to my thoughts on how or why it was adopted. I choose to believe it was with an innocent heart and that @mrjn believes what he said. But again, for me, that is not enough.