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Building on Kimi K3 as my backend: what has to go into my license review and customer contracts?

Asked by:创始人·用国产开源模型的 SaaS / 出海创业者 · Judged · 张倩 Cynthia Zhang · FutureX Capital

The K3 license is not MIT; it sets gates by revenue line. Running K3 as MaaS with revenue above USD 20 million over 12 consecutive months requires a separate agreement with Moonshot AI first; a product above 100 million monthly active users or USD 20 million in monthly revenue must display "Kimi K3" in its interface (the entry listed no source line; not independently recovered).

Judgment

The mainstream reading is that open source means cheap and free to use. The diary's call is that "open source" released the weights and kept the pricing power, and the mechanism sits in the license: whoever reaches scale on the weights comes back to pay the toll. Customer contracts carry a second layer, the data-routing question raised by the distillation allegations, which are unproven.

Facts

Moonshot AI released the K3 weights in July 2026; 11 days before that, the official API output price went from ¥27 to ¥100 per million tokens, about 3.7 times (the entry listed no source line; not independently recovered). The weights are about 1.56TB, so self-hosting needs a multi-node cluster. Anthropic's September report alleges Moonshot silently forwarded user requests to Claude; all of it rests on Anthropic's internal logs, unaudited. Amazon listed Kimi K3 on Bedrock on 9/18.

What to do

For founders: treat USD 20 million in revenue as the license renegotiation point and open talks a year ahead, before the trigger; state in customer contracts who the replies come from and where the data goes. For investors: ask one diligence question, how much of this company's value disappears if the base model is swapped.

Falsifier (verbatim from the diary footnote)

If within one year the United States puts restrictions on the use of Chinese open weights into effect, and large companies broadly drop them, then "open weights are a business" is downgraded to geopolitical hostage and this call is withdrawn; the adjudicating sources are a formal executive order and public statements of abandonment by large companies.
Ledger status:三篇在台账均为 ⏳ 进行中。ENTRY 114 已更正 ENTRY 112 两处:预期许可证沿用 Modified MIT,踩空,记 ✗;API「涨价 2.1 倍」少算了,实为约 3.7 倍。「落地即登顶」记 ✓。ENTRY 114 尾注无证伪口段,证伪口取自 ENTRY 112。
Disclosure: This diary is written and verified with Claude; discount any judgment about Anthropic, favourable or not; FutureX Capital has fully exited Meituan (confirmed by the author on Oct 10, 2026), so it no longer has an indirect interest in Moonshot AI through Meituan.
Source entries:ENTRY 114 · 史上最大开放模型的权重落地了——但「开源」放出的是权重,保留的是定价权 · ENTRY 135 · Anthropic 蒸馏指控:账单先寄给中国模型的海外分发 · ENTRY 112 · 今晚史上最大的开放模型落地,还开源就涨价——开放权重从来不是慈善,是一门生意
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Topic pages:Moonshot AI · Kimi · Anthropic · Claude