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This question isn't directly associated with MongoDB, please forgive my lack of OSS license expertise. I was curious if exceptions were allowed under licenses

by sbr464 8y ago

This question isn't directly associated with MongoDB, please forgive my lack of OSS license expertise. I was curious if exceptions were allowed under licenses like these. For example, if a company releases a GPL licensed product, (or SSPL etc) and wishes to create another product/service that they don't wish to open source, but it's based on the GPL/SSPL codebase. Could they make exceptions or separate license agreements to go around their own license choice? Would it be different if it were a third party they would like to give this exception to? In similar regard, would MongoDB have to prove that they are paying full licenses/Enterprise agreements to themselves to be able to run Atlas (their own cloud offering) and not open source Atlas? Or is there a self exclusion allowed etc? Or would they just sell themselves the licenses for $0.01 cent to get around the requirement? Truly interested in this question. Edit - and to clarify, not if the exception is stated directly in the license like a new modified MIT etc, but inherent to the existing popular OSS licenses.

Lazare 8y ago
If I own a block of code, I can release it under as many licenses as I like, even if those licenses would totally conflict, and then each one of my users will need to track which license they received it under and adhere to those terms (only). So yes, I can give Users 1, 4, and 5 a copy under the GPL, and then users 2 and 3 a copy under some commercial license, user 6 under some GPL incompatible copyleft license, no problem. The key is where you say "wishes to create another product/service that they don't wish to open source, but it's based on the GPL/SSPL codebase". You're not creating it based on the GPL codebase, you're creating it on the codebase you own. The fact you've previously licensed it under X, Y or Z licenses is irrelevant; you can always release it again, in whole or in part, with whatever license you like. (But of course, whatever you released under the GPL is still out there, under the GPL; there's no take backs!) And you can also, of course, use it yourself however you like. The key is ownership. If you own the copyright on the code, you're fine. If you don't, you must adhere strictly to the license which the actual owners granted you. To the extent that MongoDB (the company) owns the copyright on all the code, they're free to use it how they like, and release it as often as they like under whatever licenses they like.
- sbr464 8y ago
  Thanks for that detailed reply.
wongarsu 8y ago
You can allow the general public to use your code under the SSPL, give somebody else the same code under the GPL, give a proprietary licence to somebody else who paid you money, and use it yourself in a way that would violate any of those licences. Licences you give out can't really restrict you, since you own the copyright of the code. The piece in the puzzle that allows MongoDB Inc. to act like that is the Contributor Agreement [1] which makes any contributor assign copyright of contributions to MongoDB Inc. This way MongoDB Inc. is has all rights on the source code and can licence it to anyone under any licence. [1]: https://www.mongodb.com/legal/contributor-agreement https://www.mongodb.com/legal/contributor-agreement

by sbr464 8y ago

Lazare 8y ago

If I own a block of code, I can release it under as many licenses as I like, even if those licenses would totally conflict, and then each one of my users will need to track which license they received it under and adhere to those terms (only). So yes, I can give Users 1, 4, and 5 a copy under the GPL, and then users 2 and 3 a copy under some commercial license, user 6 under some GPL incompatible copyleft license, no problem. The key is where you say "wishes to create another product/service that they don't wish to open source, but it's based on the GPL/SSPL codebase". You're not creating it based on the GPL codebase, you're creating it on the codebase you own. The fact you've previously licensed it under X, Y or Z licenses is irrelevant; you can always release it again, in whole or in part, with whatever license you like. (But of course, whatever you released under the GPL is still out there, under the GPL; there's no take backs!) And you can also, of course, use it yourself however you like. The key is ownership. If you own the copyright on the code, you're fine. If you don't, you must adhere strictly to the license which the actual owners granted you. To the extent that MongoDB (the company) owns the copyright on all the code, they're free to use it how they like, and release it as often as they like under whatever licenses they like.

sbr464 8y ago
Thanks for that detailed reply.

wongarsu 8y ago

You can allow the general public to use your code under the SSPL, give somebody else the same code under the GPL, give a proprietary licence to somebody else who paid you money, and use it yourself in a way that would violate any of those licences. Licences you give out can't really restrict you, since you own the copyright of the code. The piece in the puzzle that allows MongoDB Inc. to act like that is the Contributor Agreement [1] which makes any contributor assign copyright of contributions to MongoDB Inc. This way MongoDB Inc. is has all rights on the source code and can licence it to anyone under any licence. [1]: https://www.mongodb.com/legal/contributor-agreement https://www.mongodb.com/legal/contributor-agreement