If a product built on Llama 3 reaches more than 700 million monthly active users, the standard license no longer applies and you must separately ask Meta for permission to continue operating, which Meta can grant or deny at its discretion.
This analysis describes what Meta's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause creates a binding scaling threshold that terminates standard license rights for large platforms, requiring affirmative action to obtain continued authorization from Meta, with Meta retaining sole discretion over whether to grant that authorization.
Businesses operating large-scale platforms built on Llama 3 face a license discontinuity at 700 million monthly active users, at which point continued operation requires Meta's approval; if Meta declines or delays, the licensee's right to continue using Llama 3 in that product is not established under the standard agreement.
How other platforms handle this
You may use the Model Materials for commercial purposes. If the Monthly Active Users of your products or services developed using the Model Materials exceed one hundred million (100,000,000), you must request a license from DeepSeek, which DeepSeek may grant to you in its sole discretion.
If you are a company or any employee of a company with more than $1,000,000 USD a year in revenue, you must be subscribed to a "Pro" or "Mega" plan to own Your Assets.
You may monetize your videos on YouTube, Twitch, and other platforms. You may also sell your Mods if they are sold through the Marketplace or a similar platform we approve of. You cannot sell Mods by themselves outside of an approved platform.
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"If, on the Llama 3 version release date, the monthly active users of the products or services you have built using the Llama Materials are greater than 700 million monthly active users in the preceding calendar month, you must request a license from Meta, which Meta may grant to you in its sole discretion.— Excerpt from Meta's Llama Community License Agreement
(1) REGULATORY LANDSCAPE: This threshold provision does not directly engage a specific regulatory framework, but it creates a commercial dependency that may be relevant to merger review, competition analysis, and market structure assessments by antitrust authorities in the EU and US. The EU AI Act's provisions on general-purpose AI model access and interoperability may be relevant in jurisdictions where denial of a license at scale could constitute a market access issue. (2) GOVERNANCE EXPOSURE: High. The provision grants Meta sole discretion to approve or deny continued use at scale, creating a significant business continuity risk for any organization approaching or exceeding this threshold. This discretionary authority is not subject to defined criteria, timelines, or appeal mechanisms in the agreement. (3) JURISDICTION FLAGS: EU competition law may warrant evaluation of whether the sole discretion standard at this threshold could constitute an abuse of dominant position if Llama 3 achieves significant market penetration. US antitrust analysis may engage under similar conditions. The practical enforceability of this provision in jurisdictions with mandatory licensing regimes for critical digital infrastructure has not been established. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations integrating Llama 3 into products with growth potential approaching this threshold should establish early engagement protocols with Meta and include license continuity risk disclosures in investor materials, vendor agreements, and business continuity plans. (5) COMPLIANCE CONSIDERATIONS: Legal teams at scaling organizations should implement MAU monitoring systems calibrated to provide advance notice before the 700 million threshold is reached. The agreement does not specify how far in advance a license request must be submitted, which creates timing risk that compliance teams should address proactively.
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This clause creates a binding scaling threshold that terminates standard license rights for large platforms, requiring affirmative action to obtain continued authorization from Meta, with Meta retaining sole discretion over whether to grant that authorization.
Businesses operating large-scale platforms built on Llama 3 face a license discontinuity at 700 million monthly active users, at which point continued operation requires Meta's approval; if Meta declines or delays, the licensee's right to continue using Llama 3 in that product is not established under the standard agreement.
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