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 protections.
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
The goal is not to restrict who can use the work. It is to make sure that anyone who profits from it has to engage β not take and disappear.
Concretely, what I want from any license I choose:
- Anyone can use, learn from, and build on the work. No permission needed. No barriers for individuals, researchers, non-profits, or companies building something of their own.
- Commercial operators who profit from the work must engage. The open terms are one path: keep changes open. A commercial license is another: pay for the right to keep them private. Both paths are available; neither is hidden.
- The line is compensation, not permission. Use the work freely. Build with it freely. The moment the work itself becomes a commercial product someone else is selling without engaging with me, that is where the license draws the line.
These are not restrictions on what the work can become. They are conditions on who gets to profit from it.
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. β meets the criterion, β οΈ partial or conditional, β does not.
- Free to use β anyone can use, modify, and build without restriction; β οΈ 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; β 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; β if commercial use is only restricted or only freely permitted with no middle path.
- OSI-approved β meets the Open Source Initiative definition; β 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; β οΈ 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. | β | β | β | β | β |
| 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. | β | β | β | β | β |
| Apache 2.0 | Permissive with an explicit patent grant. Otherwise similar to MIT. | β | β | β | β | β |
| 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. | β | β | β | β | β οΈ |
| 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. | β | β | β | β | β οΈ |
| GNU General Public License v2 (GPL) | Strong copyleft. Derivative works distributed to others must be distributed under GPL v2 (not v3 unless explicitly permitted). | β | β | β οΈ | β | β |
| GNU General Public License v3 (GPL) | Strong copyleft with stronger patent and anti-tivoization clauses than v2. | β | β | β οΈ | β | β |
| 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. | β | β | β | β | β |
| 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. | β | β | β οΈ | β | β οΈ |
| PolyForm Noncommercial | Non-commercial use only. Any commercial use requires a separate license from the author. Not OSI-approved. | β οΈ | β | β | β | β |
| PolyForm Small Business | Free for companies below a defined revenue threshold (typically $1M/year). Larger companies must obtain a paid license. Not OSI-approved. | β οΈ | β | β | β | β |
| 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. | β οΈ | β | β | β | β |
| Commons Clause | An addendum to a permissive license (typically MIT or Apache 2.0). Adds a restriction that the software cannot be sold commercially. | β | β οΈ | β | β | β |
| OβSaasy | 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. | β | β | β | β | β |
| Sustainable Use License | Source-available. Free to use for any purpose except competing with the authorβs own hosted offering of the same software. Used by n8n. Not OSI-approved. | β | β | β | β | β |
| Elastic License v2 (ELv2) | Source-available. Free to use and distribute, except as a managed service or to bypass license enforcement. Not OSI-approved. | β | β | β | β | β |
| Functional Source License (FSL) | Source-available. Full use rights except competing commercially. Converts to Apache 2.0 after two years. Not OSI-approved. | β οΈ | β | β | β | β |
| Business Source License (BSL/BUSL) | Source-available. Commercial use restricted for a defined period, then converts to a permissive license. Not OSI-approved. | β οΈ | β | β | β | β |
Writing
For writing β blog posts, essays, and long-form pieces β the risk is commercial repackaging rather than SaaS deployment: someone compiling that work into a paid book or sold course without asking. β meets the criterion, β οΈ partial or conditional, β does not.
- Free to share β anyone can redistribute the work without asking; β οΈ if sharing is permitted but under specific conditions only.
- Allows adaptation β the work can be translated, remixed, or built upon; β οΈ if adaptations are permitted but must carry the same license (share-alike).
- NC protection β commercial use requires explicit permission from the author; β οΈ if commercial protection is present but ambiguous or conditional.
- Widely recognised β the license is broadly understood by readers, publishers, and platforms without explanation; β οΈ if recognition is limited to specific communities.
| License | Description | Free to share | Allows adaptation | NC protection | Widely recognised |
|---|---|---|---|---|---|
| All Rights Reserved | Default copyright. No use without explicit permission. | β | β | β | β |
| Custom License | Author writes their own terms. Full control over what is permitted and what requires a license. | β οΈ | β οΈ | β οΈ | β |
| CC Attribution (CC BY) | Share and adapt freely β including commercially β with attribution. | β | β | β | β |
| CC Attribution-ShareAlike (CC BY-SA) | Share and adapt freely with attribution; derivatives must carry the same license. The share-alike equivalent of copyleft. | β | β | β | β |
| GNU Free Documentation License (GFDL) | Copyleft for written content β derivatives must carry the same license. Used by Wikipedia. | β | β | β | β οΈ |
| CC Attribution-NonCommercial (CC BY-NC) | Share and adapt freely for non-commercial purposes with attribution. Commercial use requires permission. | β | β | β | β |
| Peer Production License (PPL) | Commons-based projects and nonprofits can use freely. Commercial entities must obtain a paid license from the author. | β | β | β | β |
| CC Attribution-NonCommercial-ShareAlike (CC BY-NC-SA) | Non-commercial use only, share-alike, with attribution. | β | β οΈ | β | β |
| CC Attribution-NoDerivatives (CC BY-ND) | Share freely with attribution; no derivatives permitted. | β | β | β | β |
| CC Attribution-NonCommercial-NoDerivatives (CC BY-NC-ND) | Non-commercial, no derivatives, attribution required. | β | β | β | β |
| Open Publication License (OPL) | Older open content license, now largely superseded by CC. Optional clauses allowed restrictions on distribution and modification. | β οΈ | β οΈ | β οΈ | β |
My Decision
Across eighteen code licenses and eleven writing licenses, only one in each category satisfies every criterion. Not the most well-known, not the most permissive, not the easiest to explain at a dinner party 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 or Apache 2.0 remains the right choice.
| 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 or Apache. Violations are not always externally visible β enforcement depends on community awareness, not legal infrastructure. |
| 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-NonCommercial (CC BY-NC) 4.0
CC BY-NC keeps the ideas in open circulation while reserving commercial rights. Anyone can read, quote, translate, adapt, and share freely β as long as the use stays non-commercial. What requires permission is commercial repackaging: a paid book, a sold course, a licensed content product. The individual pieces are not the product; the curation, sequencing, and assembly are β and the license does not give that away for free.
| Strengths | Widely recognised β readers know what CC means without having to look it up. Allows free sharing, quoting, and adaptation, keeping ideas in circulation. Reserves commercial repackaging rights explicitly. Straightforward to apply: one license covers all published writing. |
| Weaknesses | βNonCommercialβ is genuinely ambiguous at the edges: bloggers with ads, funded researchers, nonprofits running paid courses all sit in contested territory. Some legitimate re-users will self-censor unnecessarily; others may not realise they need permission. |
| Opportunities | Commercial operators who want to compile, license, or build a course from the writing must engage β creating a direct commercial relationship. CC brand recognition lowers the barrier for good-faith re-users to understand and comply. |
| Threats | Aggregators and platforms that operate commercially may exclude NC-licensed content by default, reducing distribution reach. Broader reach in those channels would require the more permissive CC BY β a deliberate trade-off accepted here in favour of commercial control. |
Alignment
Both licenses express the same position: the work is open for anyone building in good faith, and commercially closed to anyone who wants to profit from it without engaging.
That is not a restriction on commerce. It is a rejection of extraction β the model where a company takes what someone else built, packages it, charges for it, and contributes nothing back. Both licenses draw the same line, just in different domains.
AGPL draws it in code: use it, fork it, self-host it freely β but run it as a commercial service and you must publish your changes or buy a license. CC BY-NC draws it in writing: share it, quote it, adapt it freely β but compile it into a commercial product and you must ask first.
Two artifacts. Two license families. One principle. The terms are public and the reasoning is here. Anyone who wants to build a commercial relationship on top of this work knows where to start.
Working out how to license your own open-source code or published writing? The right license depends on your model β and the wrong one can quietly give your work away. Get in touch to work through it.
The next posts in this series continue building out the open-source solopreneur model β from these licensing decisions into how the work gets structured, shipped, and shared in the open. Follow my RSS feed to catch them when they land.