[License-discuss] DIscussion on FMLL v1.0: A License for Free Artificial Intelligence

[Mihail Poteha]

Hello,

I am an independent developer from Russia, and I am creating my own AI
license. To date, I have not found a license for Open AI. All existing
licenses, including OSAID, allow datasets to be withheld, either partially
or in full, thereby creating a “black box.” Such licenses also fail to
protect the rights holders of the datasets. I disagree with this approach.

For this reason, I am creating my own license for Free AI, called FMLL v1.0
(Free Machine Learning License version 1.0). It is a copyleft license that
requires developers to make datasets available while also respecting users’
freedoms.

FMLL addresses the problem of partial non-disclosure by introducing the
concepts of “Theoretical Reproducibility” and the “AI Body,” as well as by
distinguishing between a “User” and a “Third-Party Developer.”

The text of the License is provided below:


Free Machine Learning License v1.0 (FMLL v1.0)
Copyright © <year> <copyright holders>

Permission is granted to freely copy and distribute the text of this
License; modification of this License is prohibited.

Definitions
Artificial Intelligence Body (AI Body). The Artificial Intelligence Body
includes the entire source file of the language model, including the
portion created through machine learning, such as a file in GGUF format.
The Artificial Intelligence Body must include, without limitation,
absolutely all tools used in training, detailed instructions for building
the model, datasets, code, and the source file. The source file of the
language model must be fully reproducible by following the Author’s
instructions. A reproduced file must not differ from the source file
provided by the Author.

Third-Party Developer or User Modifications to the AI Body. Any
modification of the Artificial Intelligence Body by anyone other than the
Author constitutes a third-party developer modification to the AI Body.

Scope of the License. This License applies to the AI Body.

Model Output. A Model Output is solely the final product generated through
the operation of the AI Body, including, without limitation, text, video,
images, audio, and code. Third-party developer modifications may be used in
generating a Model Output. A Model Output is not part of the AI Body.

User. An entity that uses a language model licensed under this License. A
User is a third party.

Third-Party Developer. An entity that modifies the Artificial Intelligence
Body, makes its product available on the Internet, or uses the model for
commercial purposes. A Third-Party Developer is a third party.

Theoretical Reproducibility. A property of the model’s source file that, in
theory, makes it possible to recreate a complete copy of the language
model’s source file on the basis of the instructions and tools specified in
the AI Body. The Author must provide complete instructions describing the
process used to create the model’s source file. Reproducibility is
theoretical because the conditions available to the Author and those
available to the User or Third-Party Developer are highly likely to differ.
Theoretical Reproducibility means that, if the User were in the Author’s
position and followed the instructions under exactly the same
conditions—including the time, the characteristics of the machine-learning
data center, software versions, and other factors—the copy of the model’s
source file would not differ from the model’s original source file. In
practice, there is a high probability that a copy of the model’s source
file will differ from the original source file; however, Theoretical
Reproducibility ensures that such differences are minimized.

Modification and Improvement of the AI Body
Subject to the following conditions, Users and Third-Party Developers have
the following rights to modify and improve the AI Body. Users and
Third-Party Developers may:


use the AI Body for any purpose;

modify and study the AI Body;

distribute copies of the AI Body for any purpose; and

improve the AI Body and distribute the improved version.

However, whenever the AI Body is modified, the Third-Party Developer must
make its version of the AI Body publicly available, update the
instructions, and publish absolutely all modifications made. The AI Body
must be made openly available to anyone who wishes to access it. The
Third-Party Developer must preserve Theoretical Reproducibility.

Distribution of the AI Body. An AI Body licensed under this License must
have a source version that a User can build independently by following the
instructions provided by the Author of the AI Body, as specified in the
“Instructions” section. In other words, the AI Body must be Theoretically
Reproducible. Otherwise, this License is violated. If a Third-Party
Developer uses this AI Body in its project, the Third-Party Developer must
disclose such use in writing. An AI Body modified by a Third-Party
Developer must be compatible with FMLL v1.0 or another version of the FMLL.

Instructions. In the instructions, the Author of the model must describe
all steps used in creating the AI Body. The AI Body must be fully
reproducible. The Author must provide the original code, scripts, versions
of the software used, datasets, and any other tools used to create the
model. If the Author omits even one step, or describes a step in
insufficient detail and thereby compromises the Theoretical Reproducibility
of the AI Body, the Author has violated the terms of this License. A User
must be able to recreate a similar model by using the instructions,
materials, and tools included in the AI Body published by the Author of
that AI Body. This requirement is necessary to protect User freedom and
software transparency.

If the Author violates one or more terms of this License, this License
terminates unless the violation or violations are cured within 30 days
after their discovery by the Developer or after notice thereof is given to
the Developer.

Each time You convey the AI Body, the recipient automatically receives from
the applicable licensor the right to run, modify, and distribute the AI
Body, subject to compliance with this License. You are not responsible for
enforcing compliance with this License by third parties.

THE AI BODY IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL
THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING
FROM THE USE OF MODEL OUTPUTS AND/OR THE AI BODY, OR FROM ANY OTHER
DEALINGS IN THE AI BODY OR MODEL OUTPUTS.

Limitation of Liability
Except as otherwise required by applicable law or agreed to in writing by
the parties, neither a copyright holder nor any other person who modifies
and/or conveys the Program under the terms stated above shall be liable to
You for damages, including any general, special, incidental, or
consequential damages arising out of the use of, or inability to use, the
Program. Such damages include, without limitation, the loss or alteration
of data, losses sustained by You or third parties, and any failure of the
Program to interoperate with other software, even if the copyright holder
or other third party has been advised of the possibility of such damages.
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