Would you not consider signing a CLA (without remuneration) if it binds a project to releasing your code under an OSI license? The only way they could have done better I think is by specifying AGPL instead. I’m not trying to argue that all CLAs are good here, but I don’t think that when they achieve the goals of the free software movement, they should be treated with suspicion or derision.

Honestly, all of the recent light shone on CLAs is a great thing. But there are still valid reasons to maintain a unified copyright for a project. None of these projects would have been able to move to AGPL without having used a CLA for that purpose. It also allows enforcement of that license via things like litigation, because you can have one entity on the docket, instead of a thousand contributors all defending their copyright.

I think the correct course of action isn’t to avoid signing one, but to force projects to commit to the social contract of open source in writing. I think there’s also a discussion that no one has earnestly talked about. A contributor license agreement is a contract between two parties, and under contract laws both parties must materially benefit. “I will get x, and you will get y”. This is known as consideration, and courts will nullify contracts that only benefit one of the parties. The only consideration I think there is to be found in most of the CLAs that have been brought up lately, is basically “your code will be merged into the project and released under it”. They don’t specify the continuation of open source, but it’s heavily implied by the aforementioned social contract. So when someone like RHEL goes and closes their source, they’ve essentially changed that contract to “you will sign over your copyright to us, and we will exploit your labour for profit”. That is not consideration, and it calls into question the validity of every single CLA signed. I genuinely think there’s grounds for every RHEL contributor that signed one to form a class and sue, and I would love to see FSF or EFF organising and supporting that sort of effort.

Back to Element for a second though, as far as I can see, their new CLA is a valid contract, because it gives a right to the contributor, that their code will always be released under an OSI license. So if a successful suit was brought against someone like RHEL, or Hashicorp, we could see other projects scramble to repeat Element here. That would be, in my opinion, a very good thing for the free software movement.

Yeah honestly these feelings are so bloody valid after the way they’ve been used lately. It’s always good to be sure of these things.