Ask HN: Startup shutting down, should we open source?

8 points by amadeoeoeo 10 hours ago

After 5 years of building and fighting for our startup, we’ve reached the end — the product will be shut down soon. I won’t mention names to keep this from sounding promotional. Let’s just say it’s a kind of website builder.

We’ve tried (unsuccessfully) to sell the codebase. Meanwhile, some of our most loyal users are now asking us to open source it. Part of me feels this would be a meaningful way to give back and ensure the project doesn’t completely disappear.

However, I can also foresee a lot of technical and legal complications, not to mention potential maintenance burdens.

Has anyone here been through this before? Any lessons, regrets, or advice?

Thanks a lot in advance!

(AI used to improve spelling)

toast0 6 hours ago

> However, I can also foresee a lot of technical and legal complications, not to mention potential maintenance burdens.

Shouldn't have a maintenance burden. That burden will be extinguished with the corporation.

If I were you, I'd put it on github with a corporate account, leave a readme that it's abandoned and then mark the repo read-only.

Let (interested) customers know and encourage them to fork it. Disable issues and pull requests before you publish.

Alternatively, put a source dump on your website, and let people know they can put it on Github, but you're not doing it. If nobody republishes it before the corporate site goes down, it is what it is.

  • brudgers 5 hours ago

    What you say makes sense if there actually is a corporate shield.

    Because “startup” is often used in a weak sense only to mean “new business,” there may not be corporate protections for the beneficial owners of this startup.

    If it is a Silicon Valley style startup, then the founders probably ought to talk to their investors because that relationship matters and the investors probably know something about open sourcing code bases from shut downs.

sexyman48 9 hours ago

I wouldn't do it. It'd be like a dead lover. Don't get suckered into prettying up her corpse on the off chance your opinion of necrophilia changes.

  • amadeoeoeo 9 hours ago

    lol. To be clear I like her the way she is... It did not work financially but I believe it is a neat piece of code. I keep "using it" myself regularly ;)

tukantje 3 hours ago

This really depends on what field the product is in.

In my opinion; if you can't sell it you could also try to hand it over to another company / third party. Finding someone to take over a project takes a bit of time but it'd allow for it to survive.

However you need legal advice, fast. First talk to a lawyer who understands this.

N_FI an hour ago

> some of our most loyal users are now asking us to open source it

In exchange of the code ask them to make a non profit organization and handle the rights to them. They will be responsibles for their security in case of vulnerabilities.

brudgers 5 hours ago

[random advice from the internet]

If you really want to put an open source project out in the world the right way, taking what you learned and building an appropriate code base might be a better route.

And if you don’t really want to put an open source project out in the world, that’s okay.

Your customers had an interest in paying you enough to stay in business. They did not pay enough (and maybe because you did not charge enough).

And to me, it seems like you are probably ready to move on and now is probably a good time for moving on. Good luck.

  • amadeoeoeo 4 hours ago

    What does "appropriate code base mean"? If I did it, then I would of course cleanse a bit here and there, make the corpse prettier as somebody wrote in another comment. More thant that, however, is an amount of work which is just not viable. Thanks!

    • brudgers 3 hours ago

      An open source code base built for long term collaboration is likely to be organized differently than a code base written under desperate business conditions (which a dying company is).

      Or to put it another way, if it’s not a hell-yes, it’s a No in practice. Even if you don’t want it to be one. Open source projects need enthusiasm. Only Google can get away with throwing code over the wall.

    • saulpw 3 hours ago

      Yeah, no one wants some abandoned open source project for a defunct business. The only value is in code that is living and maintained. So if you're not willing to make it a living, maintained codebase, then don't bother releasing your source code, it's not even worth 10 hours of your time, since no one will use it.

throwawayffffas 10 hours ago

Open source but make it clear that the project will not receive any updates. If any of your clients want to pick it up they will be able to fork it.

> Legal complications

If your code was written by you and you are not infringing on any patents and you don't have any client data in your repos, you should be fine I guess, but I am not a lawyer.

Just make it MIT and open it to the public. Make sure there are no keys or credentials in the repos either.

  • amadeoeoeo 9 hours ago

    Thanks for the advice. One fear I have is about security. Is the code is exposed, it will be way easier to exploit potential security flaws... I will not be able to just do nothing if this is the case .. Ill end up wanting it.

    • throwawayffffas 6 hours ago

      > It will be way easier to exploit potential security flaws.

      It will be also easier for other people to find them and report or fix them.

      In general it's a bad plan to rely on code secrecy for security. It's security through obscurity which never works out. All the cryptography schemes and algorithms are public. Most of the public internet runs on open source code. Transparency is a strength, not a weakness.

    • ezekg 7 hours ago

      What's to exploit? The company won't exist anymore...

      • amadeoeoeo 6 hours ago

        People's servers hosting it. I will not be officially responsible but anyway not nice. I may be just paranoid

Flundstrom2 9 hours ago

I would suggest putting it out as open source with a permissive license that don't require upstream commitment.

Because you don't want to become a maintainer. Just make it clear that it is provided as-is, without support.

It does after all represent a lot of value having been poured into it, worthy of a better ending than rm -rf, even if it didn't reach break-even.

five9s 9 hours ago

I think it could be a nice emotional ending to the journey if that's where you are. At least it's 'out there' in the world and you can move on. I'll be a one time effort to get it out there, but then can be community supported.

msgodel 5 hours ago

See if you can put it under the [a]GPL and create a consulting niche around it.

  • amadeoeoeo 4 hours ago

    That is interesting. May I ask what do you mean by "if you can"? Thx

    • msgodel 4 hours ago

      If you have the rights/if your customers will tolerate it.

      EDIT: to clarify as I realize that was pretty vague.

      1) Depending on how you use your dependencies you may have a licensing conflict that makes the GPL incompatible.

      2) I think your shareholders/VCs/whoever holds the equity (or if you're bankrupt the senior bondholders) probably own the copyright for the code so you would need their permission.

almosthere 9 hours ago

See if you can auction it off - at least you'll make some money that way.

sherdil2022 6 hours ago

What is the product and source code about?