Your idea is morally good but, I think your missing the 'big picture'.

Your idea of an 'opensource protocol' is mis-guided. Gnutella IS an open protocol. the use of the protocol is free for anyone to use. The idea that one cannot recoup expenses incured to foreword their program/servant cannot be controlled by you.

It would be nice to have a network created by an open protocol that allowed only those who provided a free servants to connect but, we already have it(Gnutella), with one exception. The word 'open' does not guarrantee that only free servants can use the protocol. because free is free and companies like Vinnie's(bearshare) like free stuff to and cannot help but to put their hands in the cookie jar.

Basically what i'm saying is this:

the use of an 'opensource' protocol is just that, free to use that protocol for communication between servants, but you cannot stop someone from offering(for money) a servant that uses that 'open' protocol. remember, the protocol is just the way the servants communicate, it is not the servant itself, and as was stated in a post above, if you start blocking other servants, be them free or a for cost servant, then you are no better than bearshare, which prefers to connect to itself(other bearshares).