Blog · Licensing
Open source vs source available
BSL, SSPL, Elastic — the new wave of source-available licenses. How they differ from open source, why HashiCorp and MongoDB moved, and what it means for adoption.
Published July 13, 2026 · ~5 min read
The 30-second version
Open source (per the OSI definition) = anyone can read, modify, and redistribute the code for any purpose, including commercial use.
Source available = you can read the code but there are restrictions on commercial use.
The BSL, SSPL, and Elastic License are source-available but NOT open source.
The three source-available licenses that matter in 2026
BSL — Business Source License
Used by HashiCorp for Terraform, Vault, and Consul. The structure: the code is BSL-licensed for 3-4 years, then converts to Apache 2.0 (which IS open source). During the BSL period, the restriction is: you can use the code for your own purposes, but you can't sell a competing product. After conversion, the code becomes fully open source. This is the "delayed open source" model — companies get a few years to monetize, then the code opens up.
SSPL — Server Side Public License
MongoDB's license since 2018. The restriction: if you offer the software as a service, you must publish the source of your entire service stack (not just the MongoDB parts). This is designed to make it impossible for cloud providers to offer MongoDB-as-a-service without publishing their own service code. Most companies avoid SSPL-licensed code because the service-stack requirement is unworkable.
Elastic License
Elastic's license since 2021. The restriction: you can use Elasticsearch for your own purposes, but you can't offer it as a hosted service. AWS (which had been offering Elasticsearch as a service) responded by forking Elasticsearch into OpenSearch. The Elastic License is more permissive than SSPL but more restrictive than BSL — it allows most internal use, just not the cloud-provider use case.
What this means for adoption
Adopting a source-available project is much harder than adopting an open source one:
- BSL: wait for the conversion period (3-4 years) or get an exception from the original maintainer.
- SSPL: the license is designed to prevent the most likely adoption scenarios. Adoption is rare.
- Elastic License: you can adopt the code, but you can't offer it as a service. This rules out cloud-provider adoption but allows internal use.
For most maintainers stepping back, the answer is still MIT or Apache 2.0 — the frictionless handoff model. The 41% revival rate from the 2019 arXiv study assumes a permissive license. With a source-available license, the rate is much lower.
Frequently asked questions
What's the difference between open source and source available?
Open source = any use. Source available = restrictions on commercial use.
Is the BSL open source?
Not by the OSI definition during the BSL period. It converts to Apache 2.0 after 3-4 years.
Why did MongoDB and Elastic move away from open source?
Cloud providers monetized their work without contributing back.
Can I adopt a project that's under BSL or SSPL?
Much harder than MIT/Apache. For BSL, wait for conversion. For SSPL, adoption is rare.
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