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Dual Licensing (Open Source + Commercial)

What is dual licensing?

Dual licensing is a software distribution strategy under which the same codebase is offered under two distinct licences: typically a copyleft open-source licence (e.g., GPL, AGPL) for non-commercial or community use, and a separate commercial licence for proprietary or enterprise use. Dual licensing lets vendors monetise software while preserving open-source community engagement; it requires the vendor to hold copyright (or have CLA-equivalent rights) to all contributions so it can grant both licences.

Mechanics of dual licensing

  • Copyright concentration: vendor must own (or have broad CLA-assignment of) all contributions to grant proprietary licences.
  • Open-source side: typically strong copyleft (GPL, AGPL) so that proprietary users cannot avoid the commercial licence by using the OSS terms in closed-source products.
  • Commercial side: bespoke EULA — no copyleft obligations, optional support/SLA, indemnity, professional services.
  • Trademark separation: distinct trademark policy reserves brand rights for paid version.

Famous dual-licensing examples

  • MySQL (Oracle, ex-Sun/MySQL AB): GPL v2 + commercial — the canonical dual-licensing case.
  • Qt (Qt Group): LGPL + commercial for proprietary integration.
  • MongoDB (until SSPL pivot 2018): AGPL + commercial; later abandoned dual-licence for Server Side Public License.
  • Elastic (until license change 2021): AGPL + commercial; later moved to Elastic License + SSPL.
  • Sentry, Plausible, Cal.com: modern AGPL + commercial dual-licence open-core companies.

Dual licensing as a business model

Dual licensing works when the open license is restrictive enough to make commercial licensing rational: the classic engine pairs GPL/AGPL-family copyleft (network use triggers source obligations) with a paid proprietary licence for companies that cannot or will not comply. The legal load-bearing wall is ownership — the licensor must hold rights to relicense every contribution, which is why serious dual-licensing projects run CLAs (contributor licence agreements) from day one; a popular project without CLAs has given its veto to every contributor. Diligence on open-core companies reads exactly this: licence inbound (CLA coverage), licence outbound (what the community edition permits), trademark control, and whether “open” marketing matches the licence reality after any relicensing events.