Introduction
The OpenMDW License [1] [2] [3] [4], developed by the Linux Foundation [1], addresses the inadequacies of existing open-source licenses for AI systems. It is specifically designed to cater to the unique complexities of machine-learning models and their associated components, collectively known as “Model Materials.”
Description
Existing open-source licenses are often inadequate for AI due to the complexity of AI systems, which encompass more than just software [3] [4]. The OpenMDW License [1] [2] [3] [4], developed by the Linux Foundation [1], is a permissive license specifically tailored for machine-learning models and their associated artifacts [2] [4], collectively termed “Model Materials.” This definition includes not only machine-learning models but also datasets [4], documentation [1] [2] [3] [4], preprocessing and inference code [2] [4], evaluation assets [2] [4], and supporting tools [2] [4]. The OpenMDW License aligns with the Open Source Initiative’s Open Source Definition and is part of the Model Openness Framework, which classifies AI models based on their completeness and openness [2] [3] [4], adhering to open science principles [2].
The OpenMDW License provides a royalty-free [3] [4], unrestricted right to use [2], modify [2], and distribute Model Materials under various intellectual property regimes [2] [3] [4], including copyright and patent rights [2]. This broad grant aims to clarify legal permissions for working with AI assets [2]. A key compliance obligation is the preservation of the license itself [2], necessitating that any redistribution includes a copy of the OpenMDW Agreement and all original copyright notices [2] [4]. There are no copyleft or share-alike requirements [2], allowing for maximum flexibility in derivative works [2] [3] [4], and it permits the release of additional materials under different open-source licenses without mandating the disclosure of training materials [1].
A notable feature of the OpenMDW License is its patent-litigation-termination clause [1] [3] [4], which revokes rights granted to a licensee if they initiate litigation claiming patent infringement against the Model Materials [4], except in defensive scenarios [2] [4]. This provision aims to promote open collaboration by discouraging aggressive patent litigation that could hinder the free use of models, even amid legal disputes [1].
Outputs generated from using Model Materials are free from license restrictions [2] [3] [4], and the license disclaims warranties and liabilities to the fullest extent allowed by law [2] [4], placing the onus of due diligence and rights clearance on the licensee [2] [4]. Despite its potential [1], the OpenMDW License has not yet achieved significant recognition and is absent from the SPDX license list [1]. However, it reflects open-source principles and seeks to streamline the licensing framework for AI models [1]. The evolving landscape of AI is likely to redefine the concept of open source and the types of licenses applicable to AI technologies [4], suggesting that traditional open-source principles may need to adapt to include essential non-code elements such as training data and model weights [4], as highlighted by the development of the Open Source AI Definition 1.0 [4].
Conclusion
The OpenMDW License represents a significant step towards addressing the unique challenges posed by AI systems in the realm of open-source licensing. By providing a comprehensive framework that includes a broad grant of rights and a patent-litigation-termination clause, it encourages innovation and collaboration while safeguarding against legal disputes. As AI continues to evolve, the OpenMDW License may play a crucial role in shaping the future of open-source principles, ensuring they remain relevant and effective in the context of AI technologies.
References
[1] https://thenewstack.io/openmdw-is-a-new-permissive-license-for-ai-models/
[2] https://www.lexology.com/library/detail.aspx?g=8baf2962-ecaa-42d3-9fe1-85ea3f178593
[3] https://www.jdsupra.com/legalnews/ai-drives-need-for-new-open-source-8437569/
[4] https://natlawreview.com/article/ai-drives-need-new-open-source-licenses-linux-publishes-openmdw-license
