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Lesson 04 of 05 · published

Open Weight vs Open Source — License Literacy

~9 min · licenses, literacy, open-source

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The categories that matter

Three categories matter and are often confused in casual writing.

TypeWeightsTraining codeDataModify & redistribute?
Open Source (OSI definition)AvailableAvailableAvailable or specifiedYes, fully
Open WeightAvailableUsually notUsually notVaries — check license
Closed / ProprietaryNot availableNot availableNot availableAPI access only

Most "open" LLMs are open-weight

LLaMA, Mistral, Qwen, DeepSeek — all release weights under custom community licenses with restrictions (commercial caps, naming requirements, compliance limits, sometimes sublicensing rules). They are not OSI-open-source. They are open-weight under specific terms.

True open-source LLMs are rare

OLMo from AI2 is the cleanest example: weights, training code, and full training-data documentation under permissive licenses. Smaller research-lab releases (BLOOM, Pythia) also qualify. Most production-grade LLMs do not.

Why this matters for production

  • Commercial use restrictions. Llama community license has clauses around 700M MAU. Some research-only licenses prohibit any commercial use.
  • Distillation restrictions. Some licenses prohibit using the model's outputs to train other models. This affects synthetic-data pipelines.
  • Naming and attribution. Llama-derived models often must include "Llama" in the name. This sounds minor but matters for branding.
  • Sublicense terms. If you distribute a fine-tune, what terms apply downstream? Often the original license must propagate.

The reading rule

Read the actual license file before commercial deployment. "Open-source" claims in marketing are often inaccurate. The license itself is the contract; the marketing language is not.

External links

Exercise

Pick three open-weight models you have used. Read each one's actual license file (LICENSE in the repo, not the marketing page). Note one specific restriction in each that you did not previously know about. This is the single most useful licensing-literacy exercise you can do.

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