Will Microsoft Ban Commercial Open Source from Its App Store?

Microsoft has "delayed enforcement" of what could be a controversial policy change, according to the Software Freedom Conservancy: A few weeks ago, Microsoft quietly updated its Microsoft [app] Store Policies, adding new policies (which go into effect next week), that include this text:

All pricing must be used to make money from open-source or other software that is free.

Wednesday, a number of Microsoft Store users discovered this and started asking questions. Quickly, those of us (including our own organization) that provide Free and Open Source Software (FOSS) via the Microsoft Store started asking our own questions too.... Since all (legitimate) FOSS is already available (at least in source code form) somewhere "for free" (as in "free beer"), this term (when enacted) will apply to all FOSS...

These app stores have been set up by Microsoft as a way to control the software market. App stores are the main way that commercial software distributors reach their customers. Microsoft has closed its grip on the distribution chain of software to make it harder for free software to find a home in the marketplace. App store users will come to believe that the only legitimate free software is non- commercial. This is an insult to all those trying to make a living writing software. This is not just a hypothetical thought. Many developers support their development through app store deployment, even though Microsoft recently forbid it in their store.

Microsoft disagrees with the idea that this is about limiting the sale of open source software to one true developer. Giorgio Sardo, General Manager of Apps at Microsoft, said early Thursday that a redrafted policy would mandate only toxic business models for free and open source software.

The Conservancy argues that FOSS "was designed specifically to allow both the original developers and downstream redistributors to profit fairly from the act of convenient redistribution (such as on app stores)." But it also speculates about the sincerity of Microsoft's intentions. "We're cognizant that Microsoft probably planned all this, anyway — including the community outrage followed by their usual political theater of feigned magnanimity."

The Conservancy's post Thursday received an update Friday about Microsoft's coming policy update: After we and others pointed out this problem, a Microsoft employee claimed via Twitter that they would "delay enforcement" of their new anti-FOSS regulation [giving as their reason that "it could be perceived differently than intended."] We do hope Microsoft will ultimately rectify the matter, and look forward to the change they intend to enact later. Twitter is a reasonable place to promote such a change once it's made, but an indication of non-enforcement by one executive on their personal account is a suboptimal approach. This is a precarious situation for FOSS projects who currently raise funds on the Microsoft Store; they deserve a definitive answer.

We call on Microsoft to publish a corrected policy now that addresses this point and move the roll-out date to at least two months into the future because of the tight timetable. September 16, 2022, is our suggestion. This will allow for a reasonable amount of time for the projects to digest the new policy and for Microsoft to get feedback from the affected projects.