Let’s analyze and compare the differences between GPL and AGPL software. Regarding commercial applications, if I wish to use it in company projects and operations, which software license do you think is more suitable, considering two scenarios:
- Licensing for software we develop ourselves;
- Licensing for open-source software used in our infrastructure;
GPL vs AGPL Core Differences
GPL (GNU General Public License)
- Obligations triggered by “distribution”: You only need to provide source code when you distribute the software.
- Unrestricted internal use: Internal company use or modification of GPL software does not require making the source code public.
- “SaaS loophole”: Providing services over a network is not considered distribution, so source code does not need to be made public.
AGPL (GNU Affero General Public License)
- Network use also triggers obligations: Providing services over a network is also considered “distribution”.
- Plugs the SaaS loophole: Even if you don’t distribute the software, you must provide the source code as long as you allow users to access it over a network.
- Broader coverage: Almost any form of use may trigger open-source obligations.
Recommendations for Commercial Applications
1. Choosing a License for Self-Developed Software
Situations where GPL is suitable:
- You want the software to be widely adopted and contributed to.
- Your primary revenue model is through software licensing or support services.
- You don’t mind others providing SaaS services based on your software.
Situations where AGPL is suitable:
- You want to prevent cloud service providers from “free-riding”.
- You desire stronger copyleft protection.
- Your primary revenue model is SaaS/cloud-based, and you don’t want competitors directly using your code.
Business Advice: If your business model is SaaS/cloud services, the AGPL can better protect your commercial interests.
2. Using Open-Source Software for Infrastructure
Using GPL software:
- Lower risk: Internal use typically does not require making source code public.
- Watch for distribution: If you need to distribute a product containing GPL components, you must open-source it.
Using AGPL software:
- Higher risk: Providing network services may require making related code modifications public.
- Evaluate carefully: May expose core business logic.
Business Advice:
- For infrastructure software, prioritize permissive licenses like MIT, Apache, etc.
- If AGPL software must be used, ensure a thorough legal risk assessment.
- Consider commercial licensing as an alternative.
Summary Recommendations
- Self-developed software: Choose based on your business model. SaaS/cloud businesses lean towards AGPL; traditional software businesses can opt for GPL.
- Infrastructure: Try to avoid AGPL. Use GPL cautiously, carefully evaluating distribution scenarios. Prefer permissive licenses.