Lesson 11 of 13

Open and closed models

What open weights, open source, and closed models mean, what real model licenses allow, and the trade-offs in capability, cost, privacy, and safety. Compare licenses clause by clause.

Novice18 min

Builds on Where your AI runs and Safety in AI products

In this lesson you will

  • Tell apart closed models, open-weights models, and open source AI as the Open Source Initiative defines it
  • Read what common model licenses allow, from permissive to noncommercial, with use restrictions in between
  • Explain why this site uses open models, and what that requires of their licenses
  • Weigh open against closed models on capability, cost, privacy, control, and safety, with the evidence's strength in mind

Some AI models you can download and run on your own laptop. Others you can only reach through a company’s app or website. Both get called AI models, and both sometimes get called “open”. This lesson sorts out what each kind gives you, what you are allowed to do with it, and what you give up either way.

Closed, open weights, and open source

Closed models. A Closed modelA model whose weights are not released, so you can use it only through the company's app or API, under its terms of service, while it runs on the company's computers.Open in glossary is one you use through an app or a programming interface (an API) while it runs on the company’s computers, as in where your AI runs. You never see the weights. Terms of service decide what you may do, and the company can change the model at any time; OpenAI’s business terms, for example, say it “may update the Services periodically” (OpenAI).

Open weights. The trained parameters are published, and anyone can download them under a license. That is what Open weightsA model whose trained parameters are published for anyone to download, under a license that says what you may do with them. It does not mean the training data or code are published too.Open in glossary means: you get the finished model, not necessarily how it was made.

Open source. The Open Source Initiative, which maintains the Open Source Definition for software, released the Open source AIAs the Open Source Initiative defines it (2024): an AI system anyone may use for any purpose, study, modify, and share, released with its parameters, its complete code, and enough information about its training data to rebuild it.Open in glossary 1.0 on October 28, 2024 (OSI). It asks for four freedoms: to use the system “for any purpose and without having to ask for permission”, to study how it works, to modify it “for any purpose, including to change its output”, and to share it. And it asks for what you would need to change it properly: the parameters, “the complete source code used to train and run the system”, and information about the training data detailed enough “so that a skilled person can build a substantially equivalent system”.

By that test, many well-known open-weights models are not open source. When the OSI tested the definition, models such as Pythia, OLMo, and T5 passed, while Llama 2, Grok, Phi-2, and Mixtral did not, because they lacked required components (OSI).

  1. Fully closed

    Nothing; only the developer uses it.

  2. Gradual or staged

    Access in steps over time, for example small versions first.

  3. Hosted

    Use through the developer's own app or website.

  4. Cloud or API

    Programs can call it, and sometimes fine-tune it there.

  5. Downloadable

    The weights, to run and change on your own hardware.

  6. Fully open

    The weights plus the training data, code, and documentation.

Release is a gradient, not a switch (after Solaiman, 2023). Chat apps sit at hosted or API access; "open weights" means downloadable; open source in the Open Source Initiative's sense needs the last step's data information and code too.

What the licenses say

Downloading the weights is only the start. A Model licenseThe terms under which a model's weights may be used, changed, and shared, from permissive open source licenses such as Apache 2.0 to licenses with use restrictions, user limits, or a ban on commercial use.Open in glossary says what you may do with them, and licenses differ more than the word “open” suggests:

  • Classic open source licenses, such as MIT and Apache 2.0, allow any use, including selling, as long as you keep the copyright and license notices (Apache 2.0 also asks you to mark files you changed). They come from software, and they say nothing about a model’s outputs.
  • Custom open-weights licenses add conditions. Meta’s Llama 4 license requires a separate license, at Meta’s discretion, for any company that already had more than 700 million monthly users when the model was released (one that grows that large later is not covered), and makes users follow an Acceptable use policyA list of uses a model's provider forbids, such as fraud, weapons, or passing off outputs as human, which its license or terms make binding on users.Open in glossary. When Meta called Llama 2 open source, the OSI answered “it is not”, because its license restricts commercial use for some users and restricts use “for certain purposes” (OSI, July 2023). Google’s Gemma Terms of Use similarly carry a prohibited use policy, but Google released Gemma 4, in April 2026, under Apache 2.0 instead (Google).
  • Responsible AI licenses, such as OpenRAIL-M, allow use and sharing like an open source license but list uses that are forbidden, even when you only run the model, and every modified version must carry the same restrictions.
  • Noncommercial licenses, such as Creative Commons BY-NC, forbid use for commercial advantage. One family can mix licenses: Depth Anything V2 Small, which this site runs, is Apache 2.0, while its Base and Large versions are CC BY-NC 4.0.

Pick what you want to do and compare seven licenses and terms. Every answer quotes the clause it comes from.

Read the license

Choose what you want to do with a model. Each license's answer comes from its own text, quoted below.

Your plan

MIT License: allowed; Apache License 2.0: allowed; OpenRAIL-M (BigScience): allowed, with conditions; Llama 4 Community License: allowed, with conditions; Gemma Terms of Use: allowed, with conditions; CC BY-NC 4.0: not allowed; A closed model (OpenAI's terms): allowed, with conditions

  • MIT License

    Open source license

    Allowed

    • Use it in a product people pay for: Yes

      Selling is named in the grant. The one condition, keeping the notice, applies to copies you hand out.

      The text (Grant)
      Permission is hereby granted, free of charge, to any person obtaining a copy of this software ... to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software

    Used by: CLIP ViT-B/32 (on this site), DeepSeek-R1

  • Apache License 2.0

    Open source license

    Allowed

    • Use it in a product people pay for: Yes

      The patent grant names selling, and nothing limits commercial use. The notice conditions apply to copies you hand out.

      The text (Section 3)
      patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work

    Used by: SmolLM2 (on this site), Gemma 4, Qwen3, gpt-oss, OLMo 2

  • OpenRAIL-M (BigScience)

    Open license with use restrictions

    Allowed, with conditions

    • Use it in a product people pay for: With conditions

      Commercial use is not restricted, but neither you nor your users may use it for a restricted use, such as giving medical advice.

      The text (Section 5 and Attachment A)
      You cannot use the Model and the Derivatives of the Model for the specified restricted uses. ... You shall require all of Your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph (paragraph 5). ... (l) To provide medical advice and medical results interpretation

    Used by: Supertonic 2 (on this site)

  • Llama 4 Community License

    Custom open-weights license

    Allowed, with conditions

    • Use it in a product people pay for: With conditions

      Allowed if you show “Built with Llama”, include a copy of the agreement with any Llama files you share, and follow the acceptable use policy.

      The text (Section 1.b.i)
      If you distribute or make available the Llama Materials (or any derivative works thereof), or a product or service (including another AI model) that contains any of them, you shall (A) provide a copy of this Agreement with any such Llama Materials; and (B) prominently display “Built with Llama” on a related website, user interface, blogpost, about page, or product documentation.

    Used by: Llama 4 Scout and Maverick

  • Gemma Terms of Use

    Custom open-weights license

    Allowed, with conditions

    • Use it in a product people pay for: With conditions

      Allowed within the prohibited use policy, which Google may update; Google may also restrict use it believes breaks the terms.

      The text (Section 3.2)
      To the maximum extent permitted by law, Google reserves the right to restrict (remotely or otherwise) usage of any of the Gemma Services that Google reasonably believes are in violation of this Agreement.

    Used by: Gemma 1, 2, and 3

  • CC BY-NC 4.0

    Creative Commons license

    Not allowed

    • Use it in a product people pay for: No

      A product people pay for is commercial.

      The text (Section 1(i))
      NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation.

    Used by: Depth Anything V2 Base and Large

  • A closed model (OpenAI's terms)

    Terms of service; no weights. You cannot download the weights.

    Allowed, with conditions

    • Use it in a product people pay for: With conditions

      Allowed through the provider's paid service, under its business terms and usage policies.

      The text (Services Agreement, 2.2)
      This includes the right to use OpenAI’s API to integrate the Services into Customer Applications and to make Customer Applications available to End Users.

    Used by: GPT models in ChatGPT and the API

Allowed2
Allowed, with conditions4
Not allowed1

Challenges

0 of 4 complete

  1. Find a plan that every license with downloadable weights allows, but the closed model's terms forbid. (not yet)
  2. Find a plan that MIT and Apache 2.0 allow with no conditions, while every other license with downloadable weights attaches conditions. (not yet)
  3. Find a plan for more than 700 million users a month that the Llama 4 license allows. (not yet)
  4. Find a plan that OpenRAIL-M (the license of this site's speech model), Llama 4, and Gemma all forbid, but the MIT License allows. (not yet)

Try this

  • Choose only Download it and run it on your own computer. Every license with downloadable weights allows it, but only MIT and Apache 2.0 without conditions. Open the Llama 4 condition: it depends on where you live.
  • Add Use it in a product people pay for and find the one license that turns to no.
  • Choose Use its outputs to train another model and compare MIT’s silence with the closed model’s terms.
  • Choose Post what it writes as if a person wrote it. Which licenses care, and which have nothing to say?
Combining a license's answers for a planPython with the standard library
# What three licenses say about four actions, read from their texts.
# "silent" means the license does not address it, so it does not forbid it.
# Llama 4's "huge" is a condition, not a no: its separate license applies only
# to companies that already had over 700 million monthly users at release.
answers = {
    "Apache 2.0": {"run": "yes", "sell": "yes", "huge": "yes", "human": "silent"},
    "Llama 4": {"run": "conditions", "sell": "conditions", "huge": "conditions", "human": "no"},
    "CC BY-NC 4.0": {"run": "conditions", "sell": "no", "huge": "conditions", "human": "silent"},
}

def verdict(license, plan):
    found = [answers[license][action] for action in plan]
    if "no" in found:
        return "not allowed"
    if "conditions" in found:
        return "allowed, with conditions"
    return "allowed"

for plan in (["run"], ["run", "sell"], ["huge"], ["human"]):
    print(" + ".join(plan))
    for name in answers:
        print(f"  {name:13} {verdict(name, plan)}")
run
  Apache 2.0    allowed
  Llama 4       allowed, with conditions
  CC BY-NC 4.0  allowed, with conditions
run + sell
  Apache 2.0    allowed
  Llama 4       allowed, with conditions
  CC BY-NC 4.0  not allowed
huge
  Apache 2.0    allowed
  Llama 4       allowed, with conditions
  CC BY-NC 4.0  allowed, with conditions
human
  Apache 2.0    allowed
  Llama 4       not allowed
  CC BY-NC 4.0  allowed

What the comparison shows:

  • The classic open source licenses are short and permissive. They grant almost everything and ask you to keep notices. They were written for code and are silent about outputs.
  • The newer AI licenses reach further. Llama 4’s, Gemma’s, and OpenRAIL-M’s use restrictions apply to every use, even running the model on your own computer, and OpenRAIL-M and Gemma make a service built on the model pass them on to its users. Their terms follow the model into anything derived from it, and some reach its outputs: a model trained on Llama outputs and released must have a name starting with “Llama”.
  • Closed terms grant use of a service, not a model. OpenAI’s terms let you build paid products on its API and, as of January 2026, assign you its rights in the outputs, but forbid copying the service or using outputs to build competing models, with narrow exceptions.
  • Several terms forbid passing off outputs as human, the provenance question from the lesson on safety in AI products. MIT and Apache 2.0 say nothing about it.

The comparison is a reading of the texts for learning, as of October 2026, not legal advice. Licenses also change between releases, as Gemma’s did.

Why this site’s models are open

Every model on this site runs inside your browser, so its weights have to be downloadable. That rules out closed models. Several labs, such as the model microscope, also read the numbers inside a model while it runs, which only works with the actual weights. Here are the site’s models and their licenses, read from its model list:

ModelLicense
all-MiniLM-L6-v2
A small sentence-embedding model that maps text to 384 numbers.
Apache 2.0
SmolLM2-135M
A 135-million-parameter base language model from Hugging Face (2024), run from its original weights by this site's own engine.
Apache 2.0
SmolLM2-135M-Instruct
The chat version of SmolLM2-135M from Hugging Face (2024): the same 135 million parameters, fine-tuned on about 460,000 example conversations and then preference-tuned, run from its original weights by this site's own engine.
Apache 2.0
DeiT-Tiny
A 6-million-parameter vision transformer from Meta (2020) that sorts a photo into 1,000 ImageNet categories.
Apache 2.0
YOLOS-Tiny
A 6.5-million-parameter vision transformer (2021) that finds and boxes the 80 kinds of everyday objects in the COCO dataset.
Apache 2.0
CLIP ViT-B/32
A 2021 model from OpenAI that maps images and text into one shared space of 512 numbers, so a photo and its description land close together.
MIT
Depth Anything V2 Small
A 25-million-parameter model (2024) that estimates how near or far every pixel of a single photo is.
Apache 2.0
OWL-ViT B/32
A 153-million-parameter detector from Google (2022) built on CLIP, which draws a box around anything you name in words.
Apache 2.0
SAM 2.1 tiny
A 39-million-parameter segmentation model from Meta (2024) that outlines whatever object you click on.
Apache 2.0
BiRefNet lite
A 44-million-parameter model (2024) that finds the main subject of a picture and cuts it out with soft edges, here reading pictures at 512 by 512 pixels, half the size it was trained at.
MIT
ViTPose+ small
A vision transformer from the University of Sydney (2022) that finds 17 body keypoints, from the nose to the ankles, for one person in a box. About 24 million of its 33 million parameters compute COCO's 17 body keypoints; the rest are the parts of each layer trained for its other datasets, such as faces and hands or animals.
Apache 2.0
Whisper base.en
A 74-million-parameter English speech recognition model from OpenAI (2022), which turns speech into text.
Apache 2.0
Audio Spectrogram Transformer
An 87-million-parameter model from MIT (2021) that reads a sound's spectrogram in patches, like a vision transformer reads a photo, and scores 527 kinds of sound from AudioSet.
BSD 3-Clause
Supertonic 2
A 66-million-parameter text-to-speech model from Supertone (2026) that turns text into a voice by refining random noise in a few steps.
OpenRAIL-M
Janus-Pro-1B
A model from DeepSeek (2025) that can both describe and make pictures, built on a language model of about 1.5 billion parameters. It makes a 384 by 384 picture as 576 image tokens, one at a time.
MIT (code) and DeepSeek Model License (weights)
Janus-Pro-1B
A model from DeepSeek (2025) that can both describe and make pictures, built on a language model of about 1.5 billion parameters. To read a picture it turns it into 576 image tokens with a SigLIP vision encoder.
MIT (code) and DeepSeek Model License (weights)

Most are MIT or Apache 2.0. SmolLM2’s authors at Hugging Face also released the datasets they built for it (Allal and colleagues, 2025). Supertonic 2, the speech model, uses OpenRAIL-M, so the text to speech lab shows its use restrictions before you download it.

The trade-offs

Neither kind is better at everything. What the evidence says, as of October 2026:

Capability. The most capable models have usually been closed, with open-weights models some months behind. Epoch AI measured that since January 2026, the best open-weights models trailed the frontier by about four months on average on its capability index (Epoch AI, May 2026), and in 2025 that open models small enough for one gaming graphics card matched the frontier after 6 to 12 months (Epoch AI, August 2025). Gaps like these depend on which benchmarks are counted.

Cost. Open weights are free to download, but you pay for the hardware and electricity to run them, and a large model needs a lot of both. Closed models charge for each use and need no hardware of your own. Which is cheaper depends on how much you use the model.

Privacy and control. A model on your own device can work without sending your data anywhere, and the version you downloaded never changes unless you change it. A closed model’s provider sees what you send and can update or retire the model. The U.S. National Telecommunications and Information Administration counted privacy among the benefits of open weights, along with letting more people and smaller organizations do research and build products, and spreading control of the market beyond a few large developers (NTIA, July 2024).

Safety. Released weights cannot be recalled, and the safety training described in the previous lesson can be removed. Lermen and colleagues (2023) undid the safety training of Llama 2’s chat models with one GPU and less than $200. Closed models are not immune: Qi and colleagues (2024) broke GPT-3.5 Turbo’s guardrails by fine-tuning it on just 10 examples through OpenAI’s own service, for less than $0.20. What matters for policy is how much extra risk open weights add compared with what people can already do. Kapoor and colleagues (2024) found that current research is not enough to measure that well, and the NTIA found the evidence insufficient to justify restricting open weights at the time, and recommended monitoring the risks instead.

Law is starting to draw these lines too. The EU AI Act exempts general-purpose models released under a free and open-source license, with their weights published, from some documentation duties, but not from the copyright policy and training data summary every provider owes, and not if the model is judged to pose systemic risk (Regulation (EU) 2024/1689, Article 53).

Key ideas

  • Closed models are used through an app or API; open-weights models can be downloaded; open source AI, as the OSI defines it, also needs the freedom to use it for any purpose and enough about its data and code to rebuild it.
  • A model’s license decides what you may do. MIT and Apache 2.0 allow nearly anything with notices; OpenRAIL-M, Gemma’s terms, and Llama’s forbid listed uses, even when you only run the model, and Llama’s also singles out the largest companies; CC BY-NC forbids commercial use.
  • Licenses attach to each release, and they change.
  • This site needs open weights because every model runs in your browser, and some labs read inside the model.
  • Open weights give privacy, control, and room for research; closed models have led in capability and keep control with the provider. Released weights cannot be recalled, and how much risk that adds is still debated.

Check yourself

Pick an answer to see why it is right or wrong. Nothing is graded. Your first answer is saved in this browser so the question can come back for review.

1A company publishes a model's weights for anyone to download, under a license that forbids some uses and makes companies that already had more than 700 million monthly users ask for a separate license. By the Open Source Initiative's definition, is it open source?
2Which of these can you do with an open-weights model but not with a model you reach only through a company's API?
3Why do some researchers worry more about releasing weights than about offering the same model through an API?
4Depth Anything V2 Small is licensed Apache 2.0, and Depth Anything V2 Large is licensed CC BY-NC 4.0. You want to sell an app that estimates depth. What do the licenses say?

Progress is saved in this browser only.

Up nextHow AI sees, hears, and makes pictures
Next
AI from zero
  1. 1What is AI, really?
  2. 2Turning things into numbers
  3. 3Getting less wrong
  4. 4The artificial neuron
  5. 5Networks of neurons
  6. 6How a chatbot writes
  7. 7What AI gets wrong
  8. 8AI that takes actions
  9. 9Where your AI runs
  10. 10Safety in AI products
  11. 11Open and closed models
  12. 12How AI sees, hears, and makes pictures
  13. 13When someone attacks an AI app

Try "embedding", "softmax", "overfitting", or "backpropagation".