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Many of my original nonderived projects are on GitHub and some projects are licenced under BSD, MIT or GPL. They use languages like Python, C and Java.

If I wanted to create a new product that was derived from an open source product or library, or server does the GPL, MIT or copyright prevent me from saying "if you earn money with this derived software, you must pay something to support my work" but otherwise my parts of the software is free for personal, open source, charity and noncommercial use.

Is it no longer open source?

Is it fair?

I would intend to make the instructions for building the DERIVED software public, the sources and binaries available and free to access.

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    @PhilipKendall I think this isn't quite a duplicate of that, since this asks (as I understand it) whether a derivative of a FOSS work can be placed under a proprietary license (which has importantly different answers for BSD and GPL). There might be a better duplicate, somewhere, that discusses the difference between permissive and copyleft licenses, though. – apsillers Jul 20 '23 at 22:22
  • @SamuelSquire, could we trouble you either to accept the answer below, or to clarify (preferably by adding to the question) what remains, to your mind, unanswered? – MadHatter Jul 25 '23 at 11:33
  • @Phillip, apsillers, and MadHatter, thanks for your attention to this question. I have accepted the answer below. I don't want to disallow commercial usage, I just want to be able to bill for the extensions to the derived work. Obviously need some way of contributing back too... – Samuel Squire Jul 25 '23 at 16:26

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Is it no longer open source?

Correct, what you describe is taking a free/open-licensed piece of software and then publishing a derivative of that work under a non-free/open proprietary license. I use "free" and "open" as defined by the Free Software Foundation and Open Source Initiative, both of which consider it outside their definitions to have to pay a third party whenever one person distributes the software to another.

Note there isn't any limitation, under these definitions, against charging money for copies of your software. Rather, these definitions don't permit you to limit others' ability to distribute or use the software, either for a price or gratis.

does the GPL, MIT or copyright prevent me from saying "if you earn money with this derived software, you must pay something to support my work" but otherwise my parts of the software is free for personal, open source, charity and noncommercial use.

In fact, the GPL and MIT licenses resolve this question differently. The GPL is a copyleft license, which means the GPL permits you to distribute derivative works only if you do so under the GPL as well, with no other requirements. In this way, you cannot introduce non-free terms to your derivative of a GPL-licensed work. By contrast, permissive licenses (like MIT, BSD, and Apache licenses) do allow you to distribute derivatives under less permissive terms, so you could introduce non-commercial terms (or any other non-free limitations) in the license for your derivative.

Note that even permissive licenses usually still require you to credit the upstream authors by preserving their copyright notices and original license terms, but do not forbid you from adding your own license terms.

Is it fair?

I will note that, within the FLOSS community, there can be a substantial cultural divide around whether allowing or forbidding the introduction of downstream limitations makes a license "more" or "less" free (i.e., either because it's so free that it even permits adding limitations, or because it's so free it would never admit any downstream limitations to that freedom).

Regardless of how you feel about this question, authors who license their work under permissive licenses have positively afforded you the right to carry out just such a plan as you describe in your question, and those authors who offer work under the GPL (or other strong copyleft licenses) have not allowed you do so.

apsillers
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    Regarding your first paragraph: To my understanding both FSF and OSI are fine with people having to pay to receive the software, as long as you don't get different terms based on how you intend to use the software. – Bart van Ingen Schenau Jul 21 '23 at 09:07
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    @BartvanIngenSchenau Great point to clarify; I added a new second paragraph and linked to the FSF's canonical article on the subject. – apsillers Jul 21 '23 at 12:40