There’s no third option between FOSS and proprietary (unless there are licenses that match the Free Software definition but not the Open Source definition or vice versa, I suppose, but I’m not aware of any). All software that is not FOSS is proprietary by definition, whether the source is available or not. It’s not “disingenuous” to call FUTO software proprietary. It’s simply factual.
From a communication viewpoint, that is fair, but to my knowledge (from being a professional software developer), effectively any license that is not ‘open-source’ or ‘free’ is by definition proprietary.
Because those two terms describe licensing standards (the only established ones that I know of). Whereas I believe, “proprietary license” uses this meaning of proprietary:
Nonstandard and controlled by one particular organization.
So, they wrote that license themselves is the point. What it says in there is secondary in meaning.
This is so highly relevant because in legal disputes, there is certain license compatibilities which are known to be possible.
You can take a library licensed under the MIT license and use it in a project that uses the Apache-2.0 license and you’re perfectly fine. This is the foundation of why the open-source ecosystem exists at all.
But you cannot take the source code from FUTO and use it in a differently licensed project, because no legal precedents exist to support this. (I believe, the FUTO license also actively prohibits this in some way, but that’s beside the point.)
This has massive implications. Like, yeah, you can look at the code, but it is useless. If FUTO closes shop or enshittifies, you cannot fork their projects.
And because you cannot legally re-use their source code in other projects, likely no one looks at it in depth either.
It’s not a FOSS liscence, but saying it’s proprietary is also disingenuous, it’s source available.
There’s no third option between FOSS and proprietary (unless there are licenses that match the Free Software definition but not the Open Source definition or vice versa, I suppose, but I’m not aware of any). All software that is not FOSS is proprietary by definition, whether the source is available or not. It’s not “disingenuous” to call FUTO software proprietary. It’s simply factual.
Source availability is necessary but not sufficient for 2 of the 4 freedoms.
From a communication viewpoint, that is fair, but to my knowledge (from being a professional software developer), effectively any license that is not ‘open-source’ or ‘free’ is by definition proprietary.
Because those two terms describe licensing standards (the only established ones that I know of). Whereas I believe, “proprietary license” uses this meaning of proprietary:
So, they wrote that license themselves is the point. What it says in there is secondary in meaning.
This is so highly relevant because in legal disputes, there is certain license compatibilities which are known to be possible.
You can take a library licensed under the MIT license and use it in a project that uses the Apache-2.0 license and you’re perfectly fine. This is the foundation of why the open-source ecosystem exists at all.
But you cannot take the source code from FUTO and use it in a differently licensed project, because no legal precedents exist to support this. (I believe, the FUTO license also actively prohibits this in some way, but that’s beside the point.)
This has massive implications. Like, yeah, you can look at the code, but it is useless. If FUTO closes shop or enshittifies, you cannot fork their projects.
And because you cannot legally re-use their source code in other projects, likely no one looks at it in depth either.