The models they released in 2025 - https://huggingface.co/moonshotai/models - were clean MIT. They started doing the "modified MIT" thing in January 2026 with moonshotai/Kimi-K2-Thinking
"Modified MIT" is the perfect example of that.
I'm not saying it's unreasonable, or that you can't release under such a license - it's your software, use whatever license you like!
I'll call it "janky" when you do.
For people at the top of the tech pyramid, I could totally see why they'd want to put an end to all this "Open Source LLM" stuff.
If you want to assess the position of the U.S. Copyright Office for yourself, the relevant text can be found in the Compendium of U.S. Copyright Office Practices § 313.2, "Works That Lack Human Authorship"[2], which states:
> […] the Copyright Act protects “original works of authorship.” 17 U.S.C. § 102(a) (emphasis added). To qualify as a work of “authorship” a work must be created by a human being. See Burrow-Giles Lithographic Co., 111 U.S. at 58. Works that do not satisfy this requirement are not copyrightable.
> […] the Office will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author. The crucial question is “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine.” U.S. COPYRIGHT OFFICE, REPORT TO THE LIBRARIAN OF CONGRESS BY THE REGISTER OF COPYRIGHTS 5 (1965).
Oh, and there's also a bit in the following Section 313.3, "Works That Do Not Constitute Copyrightable Subject Matter"[2], which explicitly excludes mathematical principles, formulas, algorithms, and equations, along with DNA sequences and other genetic or chemical compounds, regardless of whether they are produced by humans or by nature. If one takes the perspective that machine learning models are algorithms, the conclusions on copyrightability are pretty clear.
[1] https://media.cadc.uscourts.gov/opinions/docs/2025/03/23-523...
[2] https://www.copyright.gov/comp3/chap300/ch300-copyrightable-...
It is a very rare (and ballsy, and perhaps incompetent) company that ignores their lawyers' recommendations to adhere to the letter of all of the software licenses they are bound to.
What was it?
1 - https://x.com/Kimi_Moonshot/status/2035074972943831491?lang=...