What the scripture and tradition have to say about Open Source;

First its important to start by defining what open source actually is (in brief): “Open source means that something - most commonly computer software - is created with a publicly accessible design or source code that anyone can view, inspect, modify, and share.” - Google quoting the Open Source Software handbook.

The more pedantic definition has 10 criteria that any piece of software must meet to qualify as open source. But the spirit behind the idea is generosity towards your fellow human. Richard Stallman, although famously an atheist, had this to say about Free Software (not the same as open source, but in the same family): “The fundamental rule of kindness is that if you have a useful program, you should share it with other people who could use it. Proprietary software is an injustice because it forbids you to cooperate with your neighbours.”

Even if you’re only vaguely familiar with the Judeo-Christian religion, you can already tell where I’m going with this.

Without trying very hard, I can paraphrase Stallman’s quote into “Love your neighbour as yourself”. For those not in the know, Jesus said that about 2000 years before Stallman. And of course He’s quoting Leviticus 19:18 - which is from another ~1400 years before that. Since Stallman was of Jewish ancestry, I’ll add that even Rabbi Simlai said “The Torah begins and ends with kindness” sometime between the 1st & 5th century CE.

Pausing for a moment on the idea that we must love our neighbours, let’s take a slight detour into the idea of patents and intellectual property. And while this isn’t really a commentary on “closed source - bad”, it is somewhat important to address the question of intellectual property. Patents aren’t a modern phenomenon. The first record of a patent traces back to 500 BC - bakers in Sybaris were granted a 1 year monopoly on unique baking recipes. Really!

And since lawyers are in charge of all this, let’s muddy the waters even more: There’s a clear difference between patents and copyright. Patents last 20 years, copyrights can last up to 95 years. And that’s before the lawyers get creative.

But why do these laws exist at all? It’s important to look further upstream from what is being copyrighted or patented, and ask “why?”. This is best described by the Halakhah in ‘hasagat gevul’ - literally ‘encroaching on a boundary’ - the Jewish community in the early 1500s was much savvier than those around and had put together an unofficial way to ban or excommunicate those who were found to be in breach. And unlike the monarchs of that time, their reasons were very different - it was to protect the capital investment of those who had spent the resources to get their printing presses up and running. This is a running theme through tradition where society was allowed to impose certain rules that forbade people from conducting business activities that would result in the harm of someone else’s livelihood. What’s key is the spirit behind the action more than just the action itself. Even then, the goal was still to ‘be kind to your neighbour’ - to save them from bankruptcy.

I can get behind this. However, this isn’t really ‘copyright’ or ‘patenting’ is it?

I’d now like to go a bit further upstream from the “why” and ask an even more fundamental question regarding ownership. What gives anyone who creates anything the right to claim ownership of it. As you roll your eyes, consider the very first pages of the book of Genesis: “and He breathed into his nostrils the breath of life” - our very life is a gift from God. It’s His ‘Ruach’. And if you haven’t caught on so far, it’s on loan. We give it back at the end of our life. So if our own breath isn’t ours how do we claim ownership of the things that we have made enabled by that breath. And the raw materials used to make everything we do, isn’t ours either.

One can argue about whether I’m stretching the claim here. But I’m not alone in my thinking:

Deuteronomy 8:18 reads: “But remember the Lord your God, for it is he who gives you the ability to produce wealth, and so confirms his covenant, which he swore to your ancestors, as it is today.”
Proverbs 3:27–28: “Do not withhold good from those to whom it is due, when it is in your power to act.” - Almost an obligation to give of what we possess.
Psalm 24:1: “The earth is the Lord’s, and everything in it, the world, and all who live in it.” - Everything belongs to God
Job 41:11: “Who has a claim against me that I must pay? Everything under heaven belongs to me.” - lol, never seen a more direct statement about who owns what…
Haggai 2:8: “‘The silver is mine and the gold is mine,’ declares the Lord Almighty.”

This is just a small sample of scripture where we are reminded that our very existence isn’t ours to own. Much less anything we make or create.

The Jubilee year is a wonderful reminder of how God intended things. If you’re gamer, think of it as a server reset - some people don’t like it. But for most, it’s a Godsend.

And while the scripture does affirm private property, enjoying the fruit of labour as well as protections against theft - the larger narrative is about mutual benefit. There’s an entire rabbit hole we can do down on this point.

So where does that leave us? Is it bad to want to create something and then have some kind of proprietorship over it? To be able to use one’s creation for material gain? I don’t think so. In fact, I hope to create things that I can use for financial gain as well. But one thing is clear - Scripture and tradition are very pro sharing. And therefore, pro open source. There is to be a middle ground, one where everyone wins. And if we have a positive-sum or abundance mindset, I think there’s room for all of us to benefit and grow.

Clearly, I find myself becoming more and more open source pilled with each passing day.

See you in the PRs.