Open Source My Ass! – Tencent’s “Open Source” Hy-MT2 is Just Another Proprietary Trap
Let’s look at the latest marketing stunt from Tencent. They are “open-sourcing” their Hy-MT2 models. Open “source” is a clever marketing term used by corporations to deceive the community and gain popularity, masking proprietary control with the illusion of freedom. It’s not about the free software movement; it’s about getting code into your infrastructure so you’re tied to their ecosystem.
Richard Stallman and the GNU project (https://www.gnu.org) have been telling us for decades that “open source” is often a pragmatic, values-neutral subset that misses the ethical point of free software. The Free Software Foundation argues that the critical issue is user freedom (justice), not just the availability of source code (pragmatism). When companies like Tencent say they are “Open Source,” they are using the trademark to confuse you. They want the community benefits of having developers fix their bugs and adapt their tools, without granting you the full suite of free (libre) software rights.
Let’s dissect this license to see why it is proprietary, not free.
1. It’s Not Truly “Open” (The Geographic Lock)
The license explicitly states in Section 1(l): “Territory” shall mean the worldwide territory, excluding the territory of the European Union.
This is a classic proprietary maneuver. If you are in the EU, your use of this software is unlicensed. You cannot legally use it, modify it, or distribute it within your own borders. Free software must be available for use by anyone, anywhere. By carving out the EU, Tencent is asserting territorial control over the digital commons. This is not freedom; it is a geo-political restriction on free (libre) software.
2. The “Big User” Tax (Freedom #2/3 Violation)
Section 4 is the kicker. It states:
If, on the Tencent HY version release date, the monthly active users of all products or services made available by or for Licensee is greater than 100 million monthly active users… You must request a license from Tencent, which Tencent may grant to You in its sole discretion…
This is a non-free restriction on redistribution.
- For small users: You can use it.
- For big users: You are at the mercy of Tencent’s discretion. They can deny you the right to distribute the modified software based on their whims, not your rights.
Free software (specifically the four essential freedoms) means you have the freedom to distribute copies of your copies (Freedom 2) and the freedom to distribute copies of your modified versions to others (Freedom 3). If a corporation can say, “You can only distribute this if we let you, and we might say no because you’re too big,” that is not free software. That is a licensed proprietary product with the source code attached.
3. Control Over Model Derivatives (Freedom #3)
Section 1(g) defines “Model Derivatives” broadly. It includes any model created by transfer of patterns, weights, or outputs. Crucially, look at Section 5(b):
You must not use the Tencent HY Works… to improve any other AI model (other than Tencent HY or Model Derivatives thereof).
This is a use restriction. Free software is defined by what you can do with the software, not what the license allows the licensor to do. If you cannot use the software to improve other models, you are not free to use the software for any purpose. This is a restriction on the field of use.
Furthermore, Section 6© contains a “patent trap” or “defensive patent” clause common in proprietary “open source” licenses. If you sue Tencent for IP infringement, the license terminates. This gives Tencent a weapon to sue you back by terminating your license, a power dynamic typical of proprietary control, not the egalitarian nature of the GNU GPL.
How People Can Be Accused and Abused
The ambiguity in “Model Derivatives” and the “100 million user” threshold creates a minefield for users.
The “Discretionary License” Abuse: Imagine you are a large tech company with 101 million users. You modify Hy-MT2 to add a feature. Under the free software ethos, you should be able to release that feature to the world. Under this license, Tencent can say, “We don’t grant you the license to distribute this modified version because you are too big.” They don’t even have to give a reason. They just say “no.” You are stuck using their version or paying them (if they decide to grant the license for a fee). This is proprietary control disguised as openness.
The “Model Derivative” Trap: If you train a small model on the output of Hy-MT2, Tencent might claim that small model is a “Model Derivative.” If so, and if you cross the 100 million user threshold, you are suddenly in violation of the license unless Tencent grants you permission. They can audit your usage and claim you are a “Derivative” user. Since the definition of “Model Derivative” includes “any other machine learning model which is created by transfer of patterns… to that model,” the scope is vague. They can accuse you of infringing their IP simply by using their weights to train something new, and then deny you the freedom to distribute your new model.
EU Exclusion: If you are a European developer, you can look at the code, but you cannot legally use it to build your product in your own country. You are effectively locked out. This is not free (libre) software. It is a regional proprietary grant.
Conclusion
Tencent is not giving you free software. They are giving you a licensed proprietary product where the source code is visible (“open”), but the freedoms are conditional, territorial, and subject to their corporate discretion. They use the term “Open Source” to get the PR benefits of the free software community (free labor, free testing) while retaining the rights of a proprietary vendor.
Stop falling for the “Open Source” marketing. Look at the rights. If you can’t distribute your modifications freely, and you can’t use it anywhere (EU), and the licensor can stop your distribution rights at will based on your size, it is proprietary.
Jean Louis, Free Software Supporter