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Choosing My Licenses

Table of Contents

The previous post made the case: the license is not a formality β€” it is what separates a sustainable open model from one that quietly gives everything away. Now comes the harder part: actually choosing.

Code and writing serve different purposes, attract different kinds of use, and need different approaches.

ℹ️

This post was updated after initial publication. The writing license changed from CC BY-NC to CC BY-SA. The My Wishes section, writing criteria, SWOT analysis, and Alignment section have all been updated to reflect the change and its implications.

⚠️

This is not legal advice. Everything here reflects my own thinking and research as I work through a decision for my own work. If you are making licensing decisions for your own project, consult a lawyer.


My Wishes

Code and writing face different risks, and the wishes follow from that.

For code, the risk is extraction β€” a commercial operator running a hosted service, profiting without contributing back. What the license should do:

  • Anyone can use, fork, self-host, and build freely. No barriers for individuals, researchers, non-profits, or companies building something of their own.
  • Commercial operators who run it as a service must either keep their changes open or buy a license. Two paths, both available, neither hidden.
  • A compensation path exists alongside the open terms. Not a blanket restriction β€” a structured route to engagement.

For writing, the risk is obscurity β€” ideas that do not spread do not build credibility, attract contributors, or create the commercial relationships the model depends on. What the license should do:

  • Anyone can read, share, quote, translate, and adapt freely β€” including commercially. No permission barriers. Maximum reach.
  • Derivatives must carry the same open license forward β€” or buy out of that condition. Proprietary derivatives require a commercial license, creating the same dual-licensing path as the code.

Options

Code

For code, the specific risk is a commercial operator running the code as a hosted service β€” charging customers, keeping modifications private, contributing nothing back. βœ… meets the criterion, ⚠️ partial or conditional, ❌ does not.

  • Free to use β€” anyone can use, modify, and build without restriction; ⚠️ if free use is conditional (e.g. revenue or size threshold applies).
  • Covers SaaS β€” copyleft or restrictions trigger on network access, not just on distributing copies; ❌ if only distribution triggers the license or there is no restriction at all.
  • Compensation path β€” the license channels commercial exploitation toward payment rather than simply blocking it; ❌ if commercial use is only restricted or only freely permitted with no middle path.
  • OSI-approved β€” meets the Open Source Initiative definition; ❌ for source-available or proprietary-addendum licenses.
  • Dual licensing β€” copyleft leverage creates a meaningful paid commercial license option for operators who cannot accept the open terms; ⚠️ if dual licensing is technically possible but the leverage is weak.
License Description Free to use Covers SaaS Compensation path OSI-approved Dual licensing
MIT License Permissive. Anyone can use, modify, and distribute β€” including in proprietary software. No conditions beyond attribution. βœ… ❌ ❌ βœ… ❌
Berkeley Software Distribution 2/3-Clause (BSD) Permissive. Functionally equivalent to MIT License; the 3-clause variant adds a no-endorsement clause. Widely used in system software and libraries. βœ… ❌ ❌ βœ… ❌
Apache 2.0 Permissive with an explicit patent grant. Otherwise similar to MIT. βœ… ❌ ❌ βœ… ❌
Mozilla Public License 2.0 (MPL) File-level copyleft. Modifications to files covered by MPL must remain open; code in separate files can remain proprietary. βœ… ❌ ❌ βœ… ⚠️
GNU Lesser General Public License v3 (LGPL) Weak copyleft. Modifications to the library itself must remain open; software that merely uses it can remain proprietary. βœ… ❌ ❌ βœ… ⚠️
GNU General Public License v2 (GPL) Strong copyleft. Derivative works distributed to others must be distributed under GPL v2 (not v3 unless explicitly permitted). βœ… ❌ ⚠️ βœ… βœ…
GNU General Public License v3 (GPL) Strong copyleft with stronger patent and anti-tivoization clauses than v2. βœ… ❌ ⚠️ βœ… βœ…
GNU Affero General Public License v3 (AGPL) Network copyleft. Same as GPL, plus it triggers on software run over a network. Modifications must be published even if the software is only accessed as a service, never distributed. βœ… βœ… βœ… βœ… βœ…
Server Side Public License (SSPL) Extreme network copyleft. Like AGPL, but if you offer the software as a service you must open source the entire service stack β€” not just the software itself. Not OSI-approved. βœ… βœ… ⚠️ ❌ ⚠️
PolyForm Noncommercial Non-commercial use only. Any commercial use requires a separate license from the author. Not OSI-approved. ⚠️ βœ… ❌ ❌ ❌
PolyForm Small Business Free for companies below a defined revenue threshold (typically $1M/year). Larger companies must obtain a paid license. Not OSI-approved. ⚠️ βœ… βœ… ❌ ❌
Prosperity Public License Non-commercial use free, with a 30-day commercial evaluation period. Commercial use beyond that requires a paid license. Not OSI-approved. ⚠️ βœ… ❌ ❌ ❌
Commons Clause An addendum to a permissive license (typically MIT or Apache 2.0). Adds a restriction that the software cannot be sold commercially. βœ… ⚠️ ❌ ❌ ❌
O’Saasy MIT plus a clause reserving the right to offer the software as a competing SaaS product to the original author. Developed by DHH/37signals for Fizzy. Not OSI-approved. βœ… βœ… ❌ ❌ ❌
Sustainable Use License Source-available. Free to use for any purpose except competing with the author’s own hosted offering of the same software. Used by n8n. Not OSI-approved. βœ… βœ… ❌ ❌ ❌
Elastic License v2 (ELv2) Source-available. Free to use and distribute, except as a managed service or to bypass license enforcement. Not OSI-approved. βœ… βœ… ❌ ❌ ❌
Functional Source License (FSL) Source-available. Full use rights except competing commercially. Converts to Apache 2.0 after two years. Not OSI-approved. ⚠️ βœ… ❌ ❌ ❌
Business Source License (BSL/BUSL) Source-available. Commercial use restricted for a defined period, then converts to a permissive license. Not OSI-approved. ⚠️ βœ… ❌ ❌ ❌

Writing

For writing β€” blog posts, essays, and long-form pieces β€” the priority is reach: ideas spreading as widely as possible, being built on freely, with derivatives staying open. βœ… meets the criterion, ⚠️ partial or conditional, ❌ does not.

  • Free to share β€” anyone can redistribute the work without asking; ⚠️ if sharing is permitted only under specific conditions.
  • Allows adaptation β€” the work can be translated, remixed, or built upon commercially; ⚠️ if adaptations are restricted to non-commercial use only.
  • ShareAlike β€” derivatives must carry the same open license forward; ⚠️ if share-alike applies but is combined with other restrictions such as non-commercial.
  • Widely recognised β€” the license is broadly understood by readers, publishers, and platforms without explanation; ⚠️ if recognition is limited to specific communities.
License Description Free to share Allows adaptation ShareAlike Widely recognised
All Rights Reserved Default copyright. No use without explicit permission. ❌ ❌ ❌ βœ…
Custom License Author writes their own terms. Full control over what is permitted and what requires a license. ⚠️ ⚠️ ⚠️ ❌
CC Attribution (CC BY) Share and adapt freely β€” including commercially β€” with attribution. βœ… βœ… ❌ βœ…
CC Attribution-ShareAlike (CC BY-SA) Share and adapt freely with attribution; derivatives must carry the same license. The share-alike equivalent of copyleft. βœ… βœ… βœ… βœ…
GNU Free Documentation License (GFDL) Copyleft for written content β€” derivatives must carry the same license. Used by Wikipedia. βœ… βœ… βœ… ⚠️
CC Attribution-NonCommercial (CC BY-NC) Share and adapt freely for non-commercial purposes with attribution. Commercial use requires permission. βœ… ⚠️ ❌ βœ…
Peer Production License (PPL) Commons-based projects and nonprofits can use freely. Commercial entities must obtain a paid license from the author. βœ… ⚠️ ❌ ❌
CC Attribution-NonCommercial-ShareAlike (CC BY-NC-SA) Non-commercial use only, share-alike, with attribution. βœ… ⚠️ ⚠️ βœ…
CC Attribution-NoDerivatives (CC BY-ND) Share freely with attribution; no derivatives permitted. βœ… ❌ ❌ βœ…
CC Attribution-NonCommercial-NoDerivatives (CC BY-NC-ND) Non-commercial, no derivatives, attribution required. βœ… ❌ ❌ βœ…
Open Publication License (OPL) Older open content license, now largely superseded by CC. Optional clauses allowed restrictions on distribution and modification. ⚠️ ⚠️ ⚠️ ❌

My Decision

Across eighteen code licenses and eleven writing licenses, only one in each category satisfies every criterion. Not the most permissive, not without friction for some commercial actors β€” but the only one where none of the criteria came back as a cross.

Code

GNU Affero General Public License v3 (AGPL)

AGPL closes the SaaS loophole: most copyleft licenses only trigger on distribution, so a company can run the code as a commercial hosted service without ever sharing changes. AGPL treats network access the same as distribution β€” modifications must be published, or a commercial license must be purchased. That commercial license is the compensation path.

Exception: for utilities, libraries, or tooling where SaaS deployment is not the risk, MIT remains the right choice β€” permissive, minimal, and universally understood.

Strengths Closes the SaaS loophole directly. OSI-approved with legal precedent. Anyone can use, fork, self-host, and build freely β€” copyleft only engages on commercial exploitation. Dual licensing creates a structured paid path for operators who cannot accept the open terms.
Weaknesses Blanket corporate policies ban AGPL dependencies regardless of actual use case. Contributor hesitation: copyleft extends to modifications, which changes the calculus vs. MIT. Violations are not always externally visible β€” enforcement depends on community awareness, not legal infrastructure. No revenue sharing for contributors β€” anyone improving the codebase receives no share of commercial license income, creating a structural disincentive for skilled practitioners to contribute.
Opportunities Commercial operators who cannot accept AGPL terms become candidates for a paid license β€” two paths, both available, neither hidden. Strong community signal: AGPL attracts contributors aligned with a transparency-first stance. For this work, the commercial licensing conversation starts at the contact page.
Threats Some companies may avoid the codebase entirely rather than negotiate, reducing reach and adoption. Contributor pool smaller than permissive-licensed equivalents. As a solopreneur, acting on violations is largely impractical without community support.

Writing

CC Attribution-ShareAlike (CC BY-SA) 4.0

CC BY-SA keeps the ideas in maximum circulation while ensuring derivatives stay open. Anyone can read, quote, translate, adapt, and share freely β€” including commercially β€” as long as they carry the same license forward. Derivatives that cannot carry that license must be licensed commercially. That commercial license is the compensation path. The priority is reach: ideas spreading, being built on openly, and returning to the commons. The commercial path engages where it matters β€” at proprietary lock-in, not at open use.

Strengths Maximum reach β€” no commercial restriction means aggregators, platforms, and publishers can include the work freely. ShareAlike ensures derivatives cannot be locked down. Widely recognised CC brand. Copyleft for writing: the ideas compound in the open rather than behind permission walls.
Weaknesses Open commercial use β€” an article republished, a post translated, ideas built on openly β€” is free with no engagement required. The compensation path only engages when someone wants a proprietary derivative: a closed course, a locked compilation, a book not published under CC BY-SA.
Opportunities Broader distribution builds credibility faster. Contributors and adapters can use the work commercially and openly with no friction. Commercial actors who want proprietary derivatives β€” a closed course, a paid compilation kept under wraps β€” must buy a license, creating a direct commercial relationship on the same terms as AGPL.
Threats Commercial operators who share their derivatives openly under CC BY-SA can benefit freely β€” no engagement required. The compensation path only applies to those who want proprietary derivatives, a narrower pool than under CC BY-NC.

Alignment

The two licenses draw the same line, in different domains.

AGPL: use the code freely, fork it, self-host it, build on it β€” but run it as a commercial service and you must publish your changes or buy a commercial license. The leverage is the copyleft condition on network deployment.

CC BY-SA: use the writing freely, share it, adapt it, build on it β€” including commercially β€” but create a proprietary derivative and you must buy a commercial license. The leverage is the ShareAlike condition on derivatives.

Both licenses make the same offer: open use is free, closed commercial exploitation requires engagement. The risk each addresses is different β€” extraction for code, proprietary lock-in for writing β€” but the structure is the same. Two artifacts. Two license families. One principle. The terms are public and the reasoning is here. Anyone who wants to build a proprietary commercial relationship on top of this work knows where to start.


πŸ’¬

Working out how to license your own open-source code or writing? The right license depends on your model β€” and the wrong one can quietly give your work away. Leave a comment below, or get in touch to work through it privately. Follow my RSS feed to catch the rest of the open-source solopreneur series.