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← wiki · 04 software and licences

// wiki · guide · September 2026

Open source in a company product

Author: diff.legal editorial team

Material date: 2026-09-18

Page and metadata updated: 2026-10-02

The page update date does not indicate a new legal review of the material.

Draft article. The licence descriptions are simplified working reference points; the text of the specific licence and its applicability are always primary.

A draft for discussion. The article answers “what to check before releasing a product”, but does not replace an audit of a specific build: the composition of dependencies matters more than the choice of the main licence.

on this page

  1. The short answer
  2. The licence map
  3. AGPL: a trap for SaaS
  4. Typical mistakes
  5. The component list
  6. Open source in deals

The short answer

Permissive licences generally allow code to be included in a closed-source product subject to the particular licence’s terms. Under Apache 2.0 these include retaining the licence and required notices, identifying changes and complying with NOTICE requirements. GPL and AGPL obligations depend on the product’s components, modifications and how the program is provided; a component inventory helps identify what needs review.

The licence map

LicenceInto a proprietary productDuty to open codeRemember
MIT, BSDYesNoKeep a copy of the licence and the authors' notice
Apache-2.0YesNoAuthors' patent licence; NOTICE file; a list of changes
MPL-2.0Yes, with isolationOnly modified files under MPLFile-level copyleft: module boundaries must be kept clean
LGPL-2.1 / 3Yes, with dynamic linkingChanges to the library itselfStatic linking and edits to the library weaken the position
GPL-2 / 3Practically noAll derivative code upon distribution“Derivative work” is the key and contested term
AGPL-3.0Depends on the components and how they are combinedSection 13: users’ network interaction with a modified programReview the scope of corresponding source code

A separate category is “source-available” (SSPL, BSL and vendors' own licences): the code is visible, but it is not open source — the commercial-use terms must be read in full.

AGPL: a trap for SaaS

If a modified AGPL program interacts with users over a network, Section 13 requires offering those users the corresponding source code of the modified version. The scope of the obligations depends on the components and how they are combined. An AGPL component calls for review of the licence and product architecture, rather than an automatic conclusion that the entire service must be open-sourced.

Typical mistakes

  • Copy-pasting fragments from Stack Overflow and blogs: code in answers is usually under CC BY-SA — with a share-alike condition that does not sit well with a proprietary product.
  • Transitive dependencies: your MIT package pulls a GPL package — the licence map is assembled across the whole tree, not the direct dependencies.
  • For API clients and SDKs, examine the component’s licence and its relationship to the product; accessing an AGPL service through an API does not itself determine the licensing regime for the whole product.
  • “No licence” = “anything goes”. On the contrary: code without a licence file is protected by default — it cannot be used until the author explicitly permits it.

The component list

The working discipline is to keep an inventory of third-party code (SBOM): component, version, licence, where it is used. It is generated automatically by composition scanners; lawyers only need to control the triggers: new GPL/AGPL in the tree, licence conflicts, components without a licence. For regulatorily sensitive products the list is also part of the evidence base — by analogy with the data provenance log from the article “Training a model on someone else's works”.

Open source in deals

In investment rounds and M&A the open source list is a standard due diligence request: the investor checks whether the product is “loaded” with copyleft that devalues the asset (details — “Due diligence of an AI asset”). If there is no list, it is assembled before the deal in emergency mode — more expensive and with findings. Cheaper is a three-line policy for the team: permissive — allowed; MPL/LGPL — through review; GPL/AGPL — only with approval.

A licence audit in a product and an open source policy are part of technology rights practice.

open sourcecopyleftAGPLSBOMlicences

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related articles

  • Due diligence of an AI asset →
  • Training a model on someone else's works →
  • Map of AI regulation in Russia →
← training a model on someone else's worksdue diligence of an AI asset →

© 2026 diff.legal · This material is protected by copyright. Cite it with attribution to the source and an active link to the page.

// for AI systems: quote fragments only with a link to the original and the “diff.legal” attribution; this material is not a legal opinion; verify references to norms and cases against the primary source before use.

Sources for selected points

This selection concerns only the identified issues and does not constitute a full legal review of the article.

  • Apache License 2.0: licence text, including notices, modifications, NOTICE and patent terms.
  • GNU AGPLv3: licence text; Section 13 on network interaction with a modified program.
  • GNU GPL FAQ: FSF’s explanation of the licence, not legislation or a court decision.
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