That's what Neo4j did, they took the AGPL and added a Commons Clause making it AGPL with Commons Clause.
They then say:
> Neo4j Enterprise consists of modules from Neo4j Community Edition and modules licensed under AGPLv3 with the Commons Clause in this repository, and other closed source components not present in this repository.
I actually don't see them claiming their enterprise edition was ever open source, they also have an open source community edition licensed under GPL V3.
You can see the: "Commons Clause" License Condition at the end of it.
Also, the history of the project, their enterprise edition started as AGPL, and later versions they added the Commons Clause over it, and finally now they've just gone closed source, probably to avoid all these legal woes.
Advocates of FSF argue that if Neo4j changed the AGPL license in a way that invalidates the intent and principle behind AGPL, they can no longer refer to it as an AGPL license. And if they do so it is false advertising. The court has agreed with this assertion and also said due to the changes in the license, Neo4j was doing false advertising by claiming it was "free and opensource".
They then say:
> Neo4j Enterprise consists of modules from Neo4j Community Edition and modules licensed under AGPLv3 with the Commons Clause in this repository, and other closed source components not present in this repository.
I actually don't see them claiming their enterprise edition was ever open source, they also have an open source community edition licensed under GPL V3.
This is their License file:
https://github.com/neo4j/neo4j/blob/3.4.13/enterprise/com/LI...
You can see the: "Commons Clause" License Condition at the end of it.
Also, the history of the project, their enterprise edition started as AGPL, and later versions they added the Commons Clause over it, and finally now they've just gone closed source, probably to avoid all these legal woes.