I recently got word that at least one for-profit company (who shall remain nameless right now) is/was using the MusicBrainz web service in their paid commercial offering. Personally, I don’t think its OK for a for-profit company to be consuming the resources of a non-profit — we make all of our data and software available for companies to download and use for free (as in speech and beer). If someone wants to use our data for their product, they should do it with their own resources.
For the first set version of the Terms of Service, I would like to keep things simple and not add too many rules. Given that I would like to solicit feedback about adopting the following Terms of Service for the web service:
- The data returned by the web service is covered under the Creative Commons Attribution-NonCommercial 2.5 License.
- Applications that make their source code available under an OSI approved open source license are considered non-commercial.
- Applications that charge a registration or shareware fee and that donate at least 10% of their fees to the MetaBrainz Foundation are considered non-commercial. (e.g. Jaikoz and Magic-Tagger)
I’d like to get some feedback on this, so please leave a comment:
- Does this make sense philosophically?
- Do you spot any problems with this setup?
- What else should we consider?