In the fast-evolving world of technology, open-source software is a cornerstone of innovation and collaboration. The freedoms granted by licenses like the MIT License have empowered developers to create and share their work without restrictive barriers

However, as the impact of technology on society and the environment becomes increasingly significant, perhaps there is a way to introduce incentives to the traditional licenses to include specific and measurable ethical restrictions on the use of software. The aim of this would be to encourage responsible and ethical organisations while maintaining the openness that fuels innovation.

Key Features of an Ideal Ethical Software License

An effective ethical software license would need to balance freedom with responsibility. Here are some key features such a license could include:

1. Freedom for Individuals and Small Organizations

The license should grant individuals and small organizations (e.g., those with fewer than 50 workers and less than $5 million USD in annual revenue) the same freedoms provided by permissive licenses like the MIT License. This would ensure that innovation and collaboration remain unhampered for smaller entities.

2. Ethical Conditions for Larger Organizations

Larger organizations, which have a more significant impact on society and the environment, would be required to meet specific ethical criteria to use, modify, or distribute the software. This would ensure that their increased capabilities and resources are used responsibly.

4. Controlled Redistribution

To maintain the integrity of these ethical standards, redistribution of the software would be allowed only if the recipient also meets the criteria for an individual, small organization, or qualifies as an ethical organization.

Criteria for Ethical Organizations

To implement such a license, we need clear and measurable criteria that define what it means to be an ethical organization. Further the aim should not be to restrict organisations from being able to use the software, but rather to encourage organisations that are not yet meeting the criteria to improve themselves so as to meet the criteria and allow themselves to use the software. Therefore, the license would need to have a definition that is achievable for organisations that are not yet socially good.

Here are some ideas for what a social good criteria could include:

1. Transparency and Accountability
2. Public disclosure of operational information, including financial statements and social responsibility initiatives.
3. Annual independent audits to verify the accuracy of disclosures and adherence to ethical standards.
4. Mechanisms for stakeholder engagement, including public consultations and feedback mechanisms.
5. Ethical Business Practices
6. Robust anti-corruption policies and regular training for workers.
7. Fair labor practices, including fair wages, union support, and safe working conditions, verified through third-party audits.
8. Ensuring suppliers and partners comply with ethical standards, including human rights and environmental considerations.
9. Environmental Sustainability
10. Specific targets for reducing the carbon footprint, verified through third-party audits.
11. Effective waste management strategies, including recycling and proper disposal of hazardous materials.
12. Measures to protect and promote biodiversity, such as habitat conservation and reforestation projects.
13. Social Impact
14. Promotion of diversity and inclusion within the workforce.
15. Governance and Ethical Leadership
16. Diverse representation on the board of directors.
17. Regular ethics training for all workers.
18. Robust whistleblower protection programs to report unethical behavior without fear of retaliation.

An Example License for Social Good ¹

To illustrate how such a license could work in practice, here’s the GOOD License (Good Organization Open Development License). This license embodies the principles discussed above providing a practical example of how ethical considerations can be integrated into software licensing.

Good Organization Open Development (GOOD) License Version 1.0

This software license (the "License") sets forth the terms and conditions under which you may use, copy, modify, and distribute the software (the "Software"). By using the Software, you agree to comply with the terms of this License.

1. Definitions
  a. Individual or Small Organization: An individual or an organization with fewer than 50 workers and less than $5 million USD in annual revenue.
  b. Large Organization: An organization that does not meet the criteria of an Individual or Small Organization.
  c. Social Good Organization: An organization that meets the criteria outlined in Appendix A of this License.
  d. Redistribution: The act of distributing the Software to any third party, including but not limited to making the Software available for download.
2. Grant of License
  a. Individuals and Small Organizations: You are granted a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, modify, and distribute the Software, provided that:
    i. You do not redistribute the Software in violation of Section 3.
  b. Large Organizations: You are granted a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, modify, and distribute the Software only if you meet the criteria of a Social Good Organization as defined in Appendix A, and provided that:
    i. You do not redistribute the Software in violation of Section 3.
    ii. You maintain compliance with the Social Good standards continuously while using the Software.
3. Redistribution
  a. Redistribution of the Software is permitted only if:
    i. The recipient meets the criteria of an Individual or Small Organization, or
    ii. The recipient is a Large Organization that meets the criteria of a Social Good Organization.
  b. Any distribution of the Software must include a copy of this License and must clearly state the terms and conditions under which the Software may be used.
4. Compliance and Verification
  a. Large Organizations must provide evidence of compliance with the Social Good standards upon request.
  b. Failure to comply with the terms of this License by a Large Organization results in the immediate termination of the License.
5. No Warranty
  a. The Software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement.
  b. In no event shall the authors or copyright holders be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the Software or the use or other dealings in the Software.

Appendix A: Criteria for a Social Good Organization
A Social Good Organization must meet the following criteria:

1. Transparency and Accountability:
  a. Publicly disclose detailed information about operations, including financial statements, environmental impact reports, and social responsibility initiatives.
  b. Undergo annual independent audits to verify the accuracy of disclosures and adherence to ethical standards.
  c. Establish and maintain mechanisms for stakeholder engagement, including regular public consultations and feedback mechanisms.
2. Ethical Business Practices:
  a. Implement and enforce robust anti-corruption policies, including regular training for workers and strict penalties for violations.
  b. Adhere to fair labor practices, including fair wages (i.e. pay ratio between highest and [mean] average worker to be no more than 20-to-1), safe working conditions (i.e. adherance to ISO 45001 Occupational Health and Safety), union support, and no child or forced labor, verified through third-party audits.
  c. Ensure that suppliers and partners adhere to ethical practices, including international human rights laws and environmental standards.
3. Environmental Sustainability:
  a. Commit to and achieve specific targets for reducing the carbon footprint, verified through third-party audits.
  b. Implement effective waste management strategies, including recycling, reducing single-use plastics, and proper disposal of hazardous materials, verified through third-party audits.
  c. Take measures to protect and promote biodiversity, such as habitat conservation, reforestation projects, and avoiding practices that harm ecosystems, verified through third-party audits.
4. Social Impact:
  b. Promote diversity and inclusion within the workforce, ensuring equal opportunities for all workers regardless of age, sex, gender, race, ethnicity, disability, pregnancy, marriage and civil partnership, or sexual orientation.
5. Governance and Ethical Leadership:
  a. Ensure the board of directors includes members from diverse backgrounds reflecting the community the organization employs and serves, ensuring a variety of perspectives in decision-making.
  b. Provide regular ethics training for all workers, emphasizing the importance of integrity, honesty, and ethical behavior.
  c. Establish and maintain a robust whistleblower protection program, ensuring that workers can report unethical behavior without fear of retaliation.
6. Ethical Practices:
  b. Develop and implement metrics to measure the social and environmental impact of activities, and publicly report on progress.

By complying with this License, you agree to the terms and conditions set forth above. This License constitutes the entire agreement between you and the authors regarding the Software, and supersedes any prior agreements or understandings.

To adopt the GOOD License for your software project, simply include the GOOD License text in your project’s repository and ensure that contributors and users are aware of the terms.

Alternatively, why not create your own license that adheres to your idea of a socially good organisation?

Footnotes

1. This license has not been verified by a legal authority and therefore cannot guarantee effectiveness, it is just an example to offer a sample of what a social good license could be like. ↩