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A little known Server Side Public License (SSPL)

This is not a well known Licenses, and it has its controversy, but as with all things FOSS it is important to known and understand things like this.

The Server Side Public License is a software license created by MongoDB Inc. in October 2018. It was designed to address concerns about the use of open-source software by cloud service providers who offer software as a service (SaaS) without contributing back to the open-source community. The SSPL is based on the GNU Affero General Public License (AGPL), but it introduces significant modifications to expand the obligations of entities using SSPL-licensed software in network-based services.

The primary goal of the SSPL is to ensure that companies building services using SSPL-licensed software are required to share not only the source code of the licensed software but also the source code for all components used to deliver the service. This includes infrastructure, management tools, and other proprietary systems that enable the service.

Relationship to AGPL

The SSPL is derived from the AGPL, which already requires that users interacting with software over a network have access to its source code. However, the SSPL expands upon this requirement significantly. The most notable change is found in Section 13, which imposes additional obligations on service providers.

Section 13 Obligations

Under Section 13 of the SSPL, if an entity uses SSPL-licensed software to offer a service, it must make publicly available not only the source code of the licensed software but also the source code for all programs and systems used to provide that service.

That includes:

• Management and orchestration tools.
• APIs and user interfaces.
• Monitoring systems.
• Backup and storage mechanisms.
• Hosting infrastructure.

This requirement is so hat anyone using the service can recreate it entirely using the disclosed source code. The intent is to prevent companies from leveraging open-source software while keeping their proprietary systems closed.

Purpose and Motivation Behind SSPL

MongoDB introduced the SSPL as a response to perceived shortcomings in traditional open-source licenses like GPL and AGPL. These licenses focus on redistribution of modified software but do not adequately address scenarios where open-source software is used in proprietary SaaS offerings without sharing improvements or contributing back to the community. Cloud providers often use open-source software as part of their services while monetizing it without engaging with its development ecosystem.

The SSPL aims to enforce principles of fairness and reciprocity in open-source usage by ensuring that entities benefiting from SSPL-licensed software must contribute their entire service infrastructure back to the community. MongoDB argued that this approach protects developers' contributions from being exploited in closed systems while promoting collaboration.

Controversies and Criticism

One of the most significant controversies surrounding the SSPL is whether it qualifies as an open-source license. The Open Source Initiative (OSI), which defines criteria for open-source licenses, has not approved the SSPL as an open-source license. MongoDB initially sought OSI approval but later withdrew its submission after facing criticism from legal experts and members of the open-source community.

Critics argue that by requiring disclosure of all service-related components, the SSPL imposes overly restrictive conditions that go beyond traditional definitions of open source. Some believe this makes it more akin to a "source-available" license rather than a true open-source license.

Adoption Challenges

The introduction of the SSPL led several major Linux distributions, including Debian, Red Hat Enterprise Linux, and Fedora, to stop including MongoDB after its switch to SSPL licensing. These distributions cited concerns about compatibility with their policies on free and open-source software.

Some organizations have avoided adopting SSPL-licensed software due to fears about compliance burdens and legal risks associated with its stringent requirements.

Practical Implications

The SSPL introduces a new paradigm for licensing in cloud computing environments by targeting SaaS providers directly. While its intentions are clear—to protect developer contributions and ensure fairness—the license's strict copyleft provisions create practical challenges for adoption:

1. Companies using SSPL-licensed software must disclose extensive amounts of proprietary code if they offer services based on it. This could deter adoption among businesses seeking to protect their intellectual property.
2. Critics argue that such stringent requirements may stifle innovation by discouraging developers from using SSPL-licensed software or contributing to projects under this license.
3. The lack of OSI approval and debates about whether SSPL aligns with open-source principles have created uncertainty about its legal standing within the broader ecosystem.

The Server Side Public License represents an attempt by MongoDB to address perceived inequities in how open-source software is used by cloud providers. Requiring extensive disclosure of service-related source code, it tries to reinforce collaboration and reciprocity in open-source development. But, its controversial way has cuased debates about whether it aligns with established definitions of open source and whether its strict provisions hinder adoption and innovation.

Cloud computing continues to evolve, licenses like the SSPL highlight ongoing tensions between protecting developer contributions and enabling widespread use of open-source technologies. Its future impact will depend on how developers, organizations, and legal experts navigate these challenges in practice.