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mindcrash 3 days ago

That might still be an option, all code before a license change falls under the license at that time.

A new license legally becomes active once it has been made public (i.e. it is committed to the source tree) and is not retroactive (for legal reasons).

And because of this, unless the owner/maintainer is willing to nuke a huge chunk of the history within their public repository (with all repercussions which might come with it) it is still possible to make a safe fork of a open source / open core product suddenly moving into a different direction. Time travel to the point before the new license was added to the repository, and fork from that point in time.

The owner/maintainer involved might absolutely not like that but legally they have no choice to allow it, given the license and its permissions at that particular moment in time in the repo.

randomtoast 2 days ago | parent [-]

> That might still be an option, all code before a license change falls under the license at that time.

This is technically true, but as more time passes, it will be more and more unlikely that someone is willing to fork an old codebase, especially since the newer version has so many bugs already fixed and the old version gets outdated in many aspects fast.

So if there is not any active fork right now that is backed by a community, then it's more likely that we would see alternatives coming up like the one OP mentioned here.