Hi Simon,

And to add to Bryan's articulate observations, you stated:

 > As "open source" is about source at first, the aim is to refocus the 
debate
 > on the availability of sources.

I observe that open source is a philosophy not a technical approach. It 
is a philosophy that identifies that providing source code as publicly 
available results in code that is more secure, more maintainable, 
higher-quality and supports more innovation.  I tell my students that 
when you work on open source, you are joining a community rather than 
working on a project. That the focus is on the culture, not the code.

Just my 2 cents.

Heidi

On 5/19/26 10:06, Bryan G. Behrenshausen wrote:
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>
>
> Hi Simon,
>
> Thanks for your response. I enjoyed reading it (even if I largely 
> disagree
> with the direction of your argument).
>
> A have a few additional notes for you to consider as you work on your 
> paper.
>
> > "As creating new terminology is a well-established tradition in 
> disputes
> > surrounding the meaning of open source, one might suggest doing so 
> here —
> > yet we believe instead that along with the democratisation of other 
> openness
> > movements we are witnessing the evolution of a concept that is, all 
> things
> > considered, relatively new."
>
> I understand this point, surely; however I would also suggest that 
> "creating
> new terminology in a well-established tradition" is not really what 
> you are
> doing. You are seeking to enter into a well-established tradition and
> re-define core concepts that practitioners have debated for decades, 
> and for
> which they have developed a fairly specific working understanding. So I
> suppose (as a thought experiment) I would ask: Why not actually take 
> the tack
> you describe and coin a new term for what you are advocating, rather than
> piggyback on a term with such a well-documented (and fraught, as you 
> note)
> history?
>
> If this question sounds a bit defensive, I suppose that's because it 
> is. Those
> of us who care deeply about open source (as a concept, as a political
> philosophy, as an economic model, etc.) tend to be hyper-aware of 
> attempts to
> shift and erode its meaning in ways that co-opt, undercut, and 
> occasionally
> undermine the principles on which it is built (e.g., what's "open" about
> OpenAI?). Some of us like to call it "open washing": the attempt to 
> use the
> (again, as you note) definitionally slippery nature of "open" to advance
> versions of the concept that do not account for some of the values and
> principles open source practitioners advocate. So in response to this:
>
> > Like it or not, other movements are way more open regarding this 
> openness
> > spectrum/degree of openness. I doubt it would be wise to carry over 
> these
> > semantic conflicts emerging around the OSD into these other domains.
>
> I would simply emphasize that this is not _only_ a question of 
> semantics. It
> is a question of semantics, for sure—a question of "what this thing 
> means and
> doesn't mean"—but that meaning has real, effective, powerful 
> consequences for
> how people are dis/empowered when they engage with the tools that 
> shape their
> relationships to each other and the world. This is why the definition 
> of open
> source matters so much to those of us who have invested years of our 
> lives and
> careers in it.
>
> Just a technical note here:
>
> > Because the core of these notions is the availability of source 
> file/code,
> > all of these terminologies are confusing and simply social 
> constructs around
> > the OSD. Source available, based on the OSI view, is not really the 
> absence
> > of ability to modify; it's restriction around it (unclear and undefined
> > notion[s] anyway).
>
> This is not technically correct; you are conflating two tenets of the 
> OSD:
> necessity of the ability to modify (and distribute) and necessity of
> non-discrimination. For something to be open source, it must: 
> expressly grant
> the right to modify and distribute derivative works (see criterion 3 
> of the
> OSD, *and* not restrict usage based on, e.g. "field of endeavor"—see 
> criteria
> 5 and 6 of the OSD).
>
> > As "open source" is about source at first, the aim is to refocus the 
> debate
> > on the availability of sources.
>
> I understand your aim here, but again I will (hopefully as gently as 
> possible)
> suggest that this is not, in my view, a very productive move. It 
> siphons key
> values from the current working definition of open source (ability to 
> share
> modifications, restrictions on discrimination). See my notes above 
> about the
> importance of retaining these dimensions of the definition.
>
> > And like with software, we see this similar pattern between the 
> editable
> > format and its rendered/compiled/compressed one.
>
> Yes, this is true for sure. But it is a case of necessary and sufficient
> conditions. The availability of (editable) source code is a necessary
> condition for something to be considered open source, but that 
> criterion alone
> it is not sufficient for meeting the definition. Open source is much 
> more a
> legal and political designation (an issue of licensing and rights) than a
> technical one (the presence of source and binary), though of course it 
> is both
> of these.
>
> > But what if sources are released without granting these rights, I'm 
> not sure
> > what should be said and this ambiguity is intentional to allow these 
> debates
> > to take shape.
>
> There is no ambiguity here with respect to the OSI and the OSD. If 
> source code
> is released without the concomitant ability to modify and subsequently
> distribute those modifications, or with the provisions that would 
> restrict how
> the software is used, then it is not open source. It is "source 
> available" at
> best.
>
> I hope these notes are useful to your continued research.
>
> Bryan
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