Can I give the software gratis but charge for the source (and still be FOSS)?

Question

A friend and I developed a software which we would like to be free as in freedom.

We would like our software to be available to anyone for no money, but we would like to sell the source code to those interested in.

My goal then is :

1. Anyone has access to binary gratis
2. Anyone who wants the source from our version pays a fee

Would it still be a FOSS ? If not, what could be an alternative ?

EDIT : to be clearer

My goal is not to be the sole vendor of the software. I'm aware that once the sources are bought by someone, then this person can distribute it, modify it and sell it without restrictions. My hope is that while my sources are still being updated, it would be better for someone to get the "official" version.

Actually, my main concern is there are still functionalities to be implemented, I'm eager to have some user feedback, but I don't want to accept merge requests from outside our team and I'm a bit afraid of someone forking and doing a better/faster job at implementing new functionalities.

Answer 1

It sounds like you want to:

1. make compiled (non-source) software available gratis, without the source code
2. charge money for access to the source code, and (I think)
3. be the sole vendor of the source code

Unfortunately these terms do not meet the free software definition:

1+2 limits freedom 1 ("the freedom to study how the program works, and change it so it does your computing as you wish"). Simply put, you cannot give someone compiled software without giving them the source (and still call it free).

2 is not inherently a problem. You can charge for free software.

3 limits freedoms 2 and 3 (redistribution of original or modified source code).

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Business models for free software include:

• Provide the source libre and gratis, charge for access to compiled binaries. Users with the ability to compile themselves can choose to do so, rather than pay you. They are also potential competitors, contributors or employees.

• Provide source and compiled binaries libre and gratis. Charge for support and private modifications. Private modifications are still libre, your clients are again potential competitors, contributors, partners or employees.

• Charge for access to compiled binaries, and either include source code with compiled binaries, or give it, at no additional charge, to anyone who has bought compiled binaries and requests the source. Your clients are again potential competitors, contributors, partners or employees.

In general, free software business models must replace monopoly of the source code with some other value-add, typically convenience, support, service or hardware resources.

Answer 2

Whoever owns a GPL program should also be able to access the source code.

That is to say, if you want you can distribute the whole thing as paid, but distributing the program without the source code is making the user dependent on the program without having their freedoms. This is the exact reason for which GPL was introduced.

Answer 3

You wrote the software, so you can distribute it however you like. The question is "can you then honestly refer to it as FOSS"?

I submit that you can, provided that you distribute it - whether you charge for it or not - under a FOSS licence. If, for example, you distribute the binaries under the GNU GPL, you are not bound by the GPL, so you are not obligated to convey the source to anyone getting the binaries, and the FSF are clear that you may charge for the source (or for any other part of the program).

The catch is that if you are distributing the source under the GPL, you will probably only ever sell one copy. The GPL gives the right to redistribute the source to anyone in possession of it, and you cannot restrict that without losing the ability to honestly describe it as FOSS.