WHEREAS the owner of an open source software project, program, or app (“Owner” or “Owners”) depends upon the preservation of their logos and other identifying elements in the promotion of their work, and
WHEREAS “open source licensing” means that others (“Vendor” or “Vendors”) are legally entitled to use said open source software project, program, or app as they see fit, provided licensing terms are properly observed, and
WHEREAS Vendor may wish to “private label” Owner’s work by substituting Vendor’s logo and other identifying elements in place of Owner’s logo and other identifying elements in Vendor’s version of the work, and
WHEREAS it is agreed by participants in the Osmio Open Source Fair Trade Initiative that Owner is entitled to compensation in cases where Vendor earns revenue through the use of such “private labeled” versions of Owner’s work by such
substitution, and
WHEREAS the City of Osmio and its Osmio Open Source Fair Trade Initiative have created a graphical seal as a means to assist in the governance of such substitution and in the governance thereof;
NOW THEREFORE the Osmio Open Source Fair Trade Initiative herewith sets forth the rules and guidelines whereby such compensation shall be assessed and paid, and such graphical seal shall be used.
In order to use the graphical seal of the Osmio Open Source Fair Trade Initiative on Vendor’s site, app, product or service, Vendor agrees that if vendor offers a product or service upon open source software using Vendor’s own identity
elements (name, logo, etc.) then Vendor owes to Owner a commission on that portion of gross collected revenue which is directly attributable to the open source code.
By displaying the graphical seal on Vendor’s site, app, product or service, Vendor is letting Vendor’s users know that Vendor plays fair with open source.
Vendor agrees to commission rates as follows:
- Owner’s code used verbatim as Vendor’s sole product with no significant changes other than identity elements and no indication of Owner’s identity: 16%
- Owner’s code used verbatim with no significant changes other than identity elements and no indication of Owner’s identity: 12%
- Owner’s code used verbatim with no significant changes other than identity elements but with an indication of Owner’s identity: 10%
- Owner’s code used with significant changes: 8%
- Portions of Owner’s code used in Vendor’s product: 1%-7%, proportional to the significance of Owner’s code in Vendor’s product
In addition, Vendor agrees to pay the City of Osmio a fee of 0.1% to 1.6% of gross collected revenue (10% of commission paid to Owner).
Interpretations of the rule are to be made by Vendor.
Absolute precision in the application of this ordinance will be difficult, and therefore interpretations will not be subject to GAAP or other sets of rules provided by the accounting professions.
If subsequently Owner feels that Vendor’s interpretation is unfair, Owner may ask the Osmio Fair Trade Commission to review the case and issue a ruling, which must be adhered to by Vendor in order to continue use of the Seal.