[License-discuss] For Discussion: GNU Affero General Public License v3.0 with NonCommercial Exception

[Shao Kai]

Hello OSI community,

I am writing to open a discussion on a new license draft that I have been
working on: the GNU Affero General Public License v3.0 with NonCommercial
Exception (short name: AGPL-3.0-with-NonCommercial-Exception).

Overview

This license is a composite of the standard AGPLv3 (unmodified) and an
additional permission granted pursuant to AGPLv3 Section 7. The additional
permission exempts non-commercial use from the source code disclosure
obligations set forth in AGPLv3 Sections 5 and 13.

Core Principle

  - Non-commercial use (personal learning, internal business operations,
    free public services, nonprofit activities, etc.) -> no source code
    disclosure required.

  - Commercial use (selling products, providing fee-based SaaS, embedding
    in commercial offerings, etc.) -> source code disclosure required for
    the Derivative Work.

Rationale

AGPLv3 addresses the network service loophole by requiring source code
disclosure for all network services, regardless of whether they are
commercial or non-commercial. While this protects the community from
proprietary exploitation, it imposes a significant compliance burden on
legitimate non-commercial actors -- including educational institutions,
nonprofit organizations, and enterprises using software internally without
external distribution.

This license preserves AGPLv3's protections for the commercial ecosystem
while relieving non-commercial users of unnecessary compliance burdens.
Commercial use still triggers full AGPLv3 copyleft obligations, ensuring
that commercial entities that build products on the software must
contribute back to the community.

Comparison with AGPLv3

The key difference lies in when source code disclosure is required:

  - Internal use (no distribution):
      AGPLv3: No disclosure required.
      This License: No disclosure required.

  - Free public SaaS:
      AGPLv3: Disclosure required.
      This License: No disclosure required (exempt).

  - Commercial distribution:
      AGPLv3: Disclosure required.
      This License: Disclosure required.

  - Commercial SaaS:
      AGPLv3: Disclosure required.
      This License: Disclosure required.

In short, this License is more permissive for non-commercial and internal
uses, while preserving the same copyleft obligations for commercial
activities as AGPLv3.

Conformance with the Open Source Definition (OSD)

I have prepared a full analysis of the license's conformance with each of
the ten OSD criteria, which is available in the repository.

The key point I would like to highlight is OSD Section 6 (No Discrimination
Against Fields of Endeavor). This license does not restrict any field of
endeavor. All fields -- including business, research, education, and
non-profit -- are permitted to use the software. The additional permission
is a relaxation of obligations for non-commercial use, not a restriction on
commercial use. Commercial use is fully permitted; it merely carries the
same copyleft obligations that AGPLv3 already imposes.

Legal Review Status

This license has not yet been reviewed by independent legal counsel. It was
drafted based on the existing and OSI-approved AGPLv3 text, with the
additional permission structured to comply with AGPLv3 Section 7. I am
seeking community feedback to refine and validate the license before formal
submission.

Repository

The complete license text and supporting documentation are available at:

  https://github.com/OpenReciprocal/AGPL-3.0-with-NonCommercial-Exception

The repository contains:
  - Full license text (LICENSE)
  - README with core rules and quick reference
  - FAQ
  - OSI approval rationale and OSD conformance analysis
  - Compatibility matrix

Questions for the Community

  1. Does the non-commercial exemption as defined in the additional
     permission raise any concerns regarding OSD Section 6 (No
     Discrimination Against Fields of Endeavor)?

  2. Are the definitions of "Non-Commercial Purposes" and "Commercial
     Purposes" sufficiently clear and enforceable?

  3. Are there any compatibility issues with other OSI-approved licenses
     that I may have overlooked?

  4. Does the additional permission, as drafted pursuant to AGPLv3
     Section 7, properly maintain the integrity of the AGPLv3 while
     adding the intended exemption?

I welcome any feedback, questions, or suggestions for improvement. Thank
you for your time and consideration.

Best regards,

OpenReciprocal
https://github.com/OpenReciprocal
lemonhub.io at icloud.com