Standard open licenses treat all users as formally equal. But when a researcher in Nairobi and a multinational technology company are offered the same terms of use for a language dataset, the result is not democratization but value extraction. This is the equity gap at the heart of the Paradox of Open. The Nwulite Obodo Open Data License (NOODL) directly responds to this challenge.
This report analyses the NOODL license, a tiered licensing framework developed for African language datasets, as an experiment in open data licensing and a contribution to emerging approaches to data commons governance. It is our second study that looks in detail in how components of a public AI stack can be created and governed (the first study concerned the development of AI models in Poland)
Developed in consultation with African language communities, NOODL builds on Creative Commons licensing but introduces a tiered framework of obligations based on users’ geographic and economic position. For users in the Global South, it applies permissive open terms. For users in high-income countries, it requires benefit or value sharing with the data community. Rather than treating all users identically, NOODL assumes that meaningful openness requires differentiation based on capacity and power.
This report examines NOODL as an experiment in open licensing with relevance beyond its immediate context: it points to the need to go beyond the binary of open vs closed. The analysis situates the license within the broader debate on democratizing AI, the growing ecosystem of commons-based data governance experiments, and Open Future’s own framework for commons-based data set governance. It also assesses the enforcement and adoption challenges NOODL faces, and considers what a healthier licensing ecosystem might look like: one that supports context-sensitive experimentation.
NOODL is currently applied to a single dataset. Its significance does not lie in scale, but in what it opens up: space to think beyond the “one size fits all” model that has defined open licensing for over two decades.
The work on this report has been commissioned by the Mozilla Foundation and supported by GIZ.