[HN Gopher] Amazon: Not OK - Why we had to change Elastic licensing
       ___________________________________________________________________
        
       Amazon: Not OK - Why we had to change Elastic licensing
        
       Author : buro9
       Score  : 1169 points
       Date   : 2021-01-19 14:40 UTC (8 hours ago)
        
 (HTM) web link (www.elastic.co)
 (TXT) w3m dump (www.elastic.co)
        
       | onenightnine wrote:
       | i met someone who talked about how amazon aws appears bigger than
       | what it is
        
       | kache_ wrote:
       | It's the same deal with cloudant and IBM cloud. Rebranding
       | couchDB as their own. Putting on a web UI on top of it and
       | rebranding it entirely.
        
       | dustinmoris wrote:
       | I really like Elasticsearch. I run it myself hosted in a
       | Kubernetes cluster using the Kubernetes Operator developed by
       | Elastic, so I'm one of the people who uses Elasticsearch
       | extensively without being a paying customer, but to be fair that
       | is part of the reason why I opted for it. I think Elastic has
       | become victim of its own success if I may say so. Running
       | Elasticsearch self hosted is fairly easy, either on actual
       | hardware or VMs or in a container cluster. Their documentation is
       | exceptionally good and the wide adoption means that a lot of
       | issues people might run into have already been solved or answered
       | on StackOverflow and other online forums. If Elasticsearch wasn't
       | such a great product then Amazon would also struggle more with
       | providing a managed version in their cloud.
       | 
       | I think trademark violations are pretty bad and a real punch
       | below the belt, but I'm not a lawyer so I don't know if that is
       | actually happening. Amazon also offers Redis as a service, so
       | does Azure. They both have Redis in the name. They also offer MS
       | SQL as a service, however that has a proprietary license which
       | the end customer pays for so it's an unfair comparison. I wonder
       | if the monetisation strategy, which is basically Elastic Cloud,
       | is the best option for Elastic. They are essentially providing a
       | mini managed Elasticsearch cluster which is away from the rest of
       | the infrastructure which development teams are already
       | maintaining. Of course they will be competing with Amazon then
       | and likely going to lose, since Amazon has so much more. Other
       | OSS products have found more lucrative and less costly
       | monetisation models than operating your own cloud hosting
       | provider. I hope Elastic will find a way to sustain themselves in
       | a way which makes the owners happy, because their product is
       | really good.
        
         | hello_moto wrote:
         | > If Elasticsearch wasn't such a great product then Amazon
         | would also struggle more with providing a managed version in
         | their cloud.
         | 
         | They do struggle a little bit on their AWS ES offerings if you
         | go across certain threshold.
         | 
         | > I wonder if the monetisation strategy, which is basically
         | Elastic Cloud, is the best option for Elastic.
         | 
         | Redis has RedisLab (cloud) and I can tell you AWS EC Redis does
         | eat some of their customers through various reasons.
        
       | runningmike wrote:
       | "Our license change is aimed at preventing companies from taking
       | our Elasticsearch and Kibana products and providing them directly
       | as a service without collaborating with us." Change to AGPL was
       | imho the logical solution...
        
       | r-w wrote:
       | I wonder if you can send them a cease-and-desist.
        
       | blabitty wrote:
       | Sounds like Amazon did misrepresent their relationship with
       | elastic intentionally, which is abusive. It was also unnecessary
       | in my opinion because the AWS service is so much easier to use -
       | no licensing to worry about at all as an end consumer. Compare
       | with running ELK yourself where you quickly discover that you
       | will need to buy a license and possibly support to get any usable
       | enterprise features at all.
        
       | 0xmohit wrote:
       | This reminds of a somewhat recent instance:
       | 
       | AWS forked my project and launched it as its own service
       | 
       | [0] https://twitter.com/tim_nolet/status/1317061818574082050
        
       | mcintyre1994 wrote:
       | > We collaborate with cloud service providers, including
       | Microsoft, Google, Alibaba, Tencent, Clever Cloud, and others. We
       | have shown we can find a way to do it. We even work with other
       | parts of Amazon. We are always open to doing that; it just needs
       | to be OK.
       | 
       | I'm not sure if I'm reading too much into this but it sort of
       | feels like they don't want/expect to keep offering the proper AWS
       | integration that their elastic.co product has now. I know at work
       | we have something hosted by them in AWS and I assume that's
       | inside our VPC and we'd need that feature to keep using them.
       | 
       | If they do still think that feature is important then saying they
       | "work with other parts of Amazon" feels like it's really under-
       | selling that collaboration/integration with AWS.
        
       | pronik wrote:
       | I'm not surprised, having had the exact same debate about MongoDB
       | a couple of years back.
       | 
       | Elastic has iterated over and over, taking years to remove
       | obvious problems with their products, building heavily on the
       | community for input about their needs, but still managing to
       | ignore them for a long time. I still remember searching for
       | anything that's not Kibana since their interface has been
       | dreadful (and probably still is). I remember people turning away
       | from Logstash to Fluentd and others pretty early, but don't know
       | the exact reasons. I remember when pretty important and frankly
       | "core" stuff like authentication and authorization among others
       | moved into Shield and other specialized commercial plugins.
       | 
       | They have leveraged almost a decade of developer good-will to
       | cope with their inherent architectural problems and to fight for
       | introducing "weird open source software" in their respective
       | companies and ultimately give them their street cred of "logging
       | aggregation == ELK". Now, after most of their stack "just works"
       | like people expect it to, they throw it all away, putting people
       | who fought for them in license jeopardy while pointing the finger
       | at Amazon? I don't have any sympathy for this. It's your
       | business, if it fails, nobody is at fault but yourself,
       | especially if you a 14B behemoth. May the exodus begin, it's long
       | overdue.
        
       | jbverschoor wrote:
       | Maybe microsoft and google would like to pitch in some legal
       | support
        
       | emphatizer2000 wrote:
       | Lots of hosts offer "Wordpress Hosting" - is that fundamentally
       | different from offering Elasticsearch?
       | 
       | I don't think merely using the name of an open source product is
       | such a huge ethical issue? It's the same all those Wordpress
       | hosts do.
       | 
       | The other things (claiming a cooperation exists, stealing from
       | commercial code) seem more questionable, but also unrelated to
       | the actual open source license.
        
       | Pet_Ant wrote:
       | > Our license change is aimed at preventing companies from taking
       | our Elasticsearch and Kibana products and providing them directly
       | as a service without collaborating with us.
       | 
       | I feel like I just said this a few days ago:
       | https://news.ycombinator.com/item?id=25796849
       | 
       | The main value of open source to businesses is that support is
       | truly commodified and there is no one with a stranglehold on it.
       | ElasticSearch is trying to remove what makes open source
       | appealing to businesses. No one wants to build their
       | infrastructure on something with expensive IBM/Oracle-costing
       | support. Basically, from now on, ElasticSearch has removed that
       | benefit from their product and businesses are at risk. It's now
       | much less appealing... is the remaining niche profitable? Only
       | time will tell.
       | 
       | Note, why businesses find open-source appealing is not why
       | developers find it appealing, or private individuals.
        
         | viro wrote:
         | >The main value of open source to businesses is that support is
         | truly commodified
         | 
         | No, Thats not true at all. Most open source companies survive
         | off of support contracts. It's why companies choose rhel over
         | centos.
        
         | [deleted]
        
         | kemitchell wrote:
         | > No one wants to build their infrastructure on something with
         | expensive IBM/Oracle-costing support.
         | 
         | What's stopping you from running Elastic without paying for
         | support under the new license?
        
           | richardwhiuk wrote:
           | You might need to open-source your entire service.
        
             | kemitchell wrote:
             | In a narrow set of use cases, yes. In the vast majority of
             | use cases---building applications with Elastic for data---
             | no.
        
         | tw04 wrote:
         | I'll be honest, I've never heard a single business say the
         | reason they use open source is because support is commodified.
         | It's generally cost or functionality, and quite frankly they
         | want a go-to support expert, not a list of support options.
         | 
         | Redhat didn't become huge because people had all sorts of
         | options for third party support. In fact, I can't say I've ever
         | come across a single enterprise who: uses third party support
         | for their RHEL installed base, has asked for third party
         | support for their RHEL installed base.
        
           | Pet_Ant wrote:
           | CentOS and WhiteBox Linux were 3rd party sources of RHEL and
           | to a large part Linux distros are interchangeable which makes
           | them commodities. Not perfect commodities, but still close.
           | RHEL with subscription vs Debian & burdening yours ops guys
           | are choices available. VMS has no such choice.
        
             | tw04 wrote:
             | But he didn't say: businesses use open source because they
             | can find compatible binaries from multiple entities. He
             | said it commodified support. CentOS and WhiteBox never
             | promised or offered enterprise support agreements that I'm
             | aware of. And if they did, I can't say I ever ran across
             | anyone utilizing it in the wild.
        
       | thayne wrote:
       | > We have differentiated with proprietary features, and now we
       | see these feature designs serving as "inspiration" for Amazon
       | 
       | I am sympathetic to many of Elastic's complaints, but not this
       | one. If you make an open-core product, you have to expect that
       | others will attempt to make competing, possibly open source,
       | alternatives to your proprietary components.
        
       | pfsalter wrote:
       | Nice to see someone at least standing up to the behemoth that is
       | Amazon
        
       | StavrosK wrote:
       | Apart from the general consternation about an OSS license
       | becoming non-OSS, can we also talk about the problem that
       | companies are formed, invest a whole lot of resources into
       | creating a product, open-source it, and then have Amazon eat into
       | their profits by just installing and maintaining that product as
       | a service?
       | 
       | No matter how you slice it, I think Amazon is bad for us end-
       | users, and Elastic is good. Elastic could have released ES as
       | closed source, but they didn't, and the OSS ecosystem is better
       | for it. They were hoping to make money off their product, which I
       | don't think anyone can fault them for, but instead Amazon came in
       | and took a bunch of that money while not giving anything back.
       | 
       | Now Elastic is not happy, and I wouldn't be either. As an end
       | user, I'm grateful the circumstances exist that allow companies
       | to make a living from OSS, and I want to encourage that. AWS is
       | the fly in the ointment there, and I don't see how blaming
       | Elastic for not giving us stuff for free any more is anything
       | other than entitled. We should be grateful that ES is OSS at all,
       | and we should want an environment where companies that produce
       | OSS can thrive, instead of blaming them for wanting to get paid
       | for the work that they release freely into the world.
       | 
       | Amazon hinders that, period. I don't think Elastic is in the
       | wrong here, I think Amazon is.
        
         | pjc50 wrote:
         | This is almost, but not quite, the "Tivoization" that prompted
         | the creation of the GPL3.
         | 
         | The requirement to give something back and/or avoid taking
         | profit from the work of others is something the OSS world has a
         | complicated relationship to. GPL is quite clear that there's a
         | requirement to pass on source changes, if not explicitly to
         | give them back, and many people were outraged by even this
         | limited requirement and instead chose licenses which imposed no
         | requirements at all.
         | 
         | Similarly, people want their work to be used for free by
         | everyone .. but haven't really considered that this results in
         | them working for the Bezos fortune, for free. Or the US
         | military, for free.
         | 
         | There aren't simple clear answers to these questions, only a
         | slowly evolving discussion.
        
           | StavrosK wrote:
           | > There aren't simple clear answers to these questions, only
           | a slowly evolving discussion.
           | 
           | Certainly, and I think that if we want OSS to thrive we need
           | to move towards a future where it's easy for companies to
           | make a return on their investment by releasing OSS. I think
           | Amazon and all the "I provide your software as a service"
           | providers eat into that and hinder that future.
           | 
           | Yes, GPLv3 was meant to fight Tivoization, but it never
           | anticipated providers providing services on an OSS product
           | without contributing significantly, _in combination with_ the
           | companies that develop the OSS hoping to make money off the
           | same hosted service that the former undercuts.
           | 
           | Basically, monetization strategies for OSS are few, and one
           | that is beneficial for both the company and the consumer is
           | providing hosted services. A third company that doesn't have
           | to develop the software is usually a good enough competitor,
           | but since the developer has the obvious support/knowledge
           | advantage, they can still compete. This breaks down when
           | Amazon comes in with its lock-in advantage and sucsk all the
           | money away from the developer.
           | 
           | This is why we're seeing these new licenses, because there's
           | no way currently to be "OSS except Amazon". I think we do
           | need to figure out some way.
        
             | fakedang wrote:
             | I believe in a previous thread, someone suggested OSS
             | except companies having this much of a revenue (since
             | market cap is a bit of a variable metric). Why wouldn't
             | that be a viable model?
        
               | lacker wrote:
               | I wouldn't use software like that. Imagine you build a
               | company using some software, and it was free until you
               | hit $X in revenue. One day far down the road, your
               | company is doing well and you start to get close to $X.
               | You realize you have to acquire a license, ask them for
               | one, and now... you just have to pay whatever they ask
               | for? You're locked in to someone who could quote you
               | whatever price they want. Unless it's really easy to rip
               | out this software, it seems like a huge pain.
        
               | pydry wrote:
               | Easy to work around with "hollywood accounting". Amazon
               | could license the software from a shell company they own
               | that makes very little revenue.
        
               | StavrosK wrote:
               | I would love that, and think it's a great model
               | (basically "you don't have to pay us if/while you aren't
               | making money from this"), but as far as I understand it,
               | it's hard to enforce. Amazon can just make a subsidiary
               | that makes less than that amount (or no money at all) and
               | skirt that requirement.
        
               | SpicyLemonZest wrote:
               | It would be a much stronger restriction than they're
               | looking for. If no developer at Amazon, Google, etc. is
               | allowed to even _use_ Elasticsearch, that severely
               | impairs the viability of the project. (Depending on the
               | revenue threshold, it could end up being a problem for
               | Elastic too - they 're not exactly a small company.)
        
             | SpicyLemonZest wrote:
             | But imagine where we'd be if this discussion had happened
             | 30 years ago, in the days when the monetization model was
             | charging a distribution fee. How much of the modern
             | Internet would have had to be excluded from free software
             | licensing to protect that? I have no issue with tweaking
             | OSS licenses to respond to the circumstances of the times,
             | but tweaking them in order to ensure I can make lots of
             | money seems anti-competitive and anti-innovative.
        
               | StavrosK wrote:
               | I agree, but I think it's generally "tweaking the rules
               | so they can stay alive" at this point, ie not about
               | increasing an already big revenue stream.
        
               | SpicyLemonZest wrote:
               | That's certainly what it looks like Elastic is trying to
               | imply, but their revenue was over $400 million last year.
        
               | toomuchtodo wrote:
               | For comparison, AWS does about $40B/year in revenue.
        
             | jabl wrote:
             | > Yes, GPLv3 was meant to fight Tivoization, but it never
             | anticipated providers providing services on an OSS product
             | without contributing significantly
             | 
             | Well, the so-called "service provider loophole" was
             | certainly well-known when GPLv3 was drafted. That's why
             | AGPLv2 was created some years prior. IIRC early GPLv3
             | drafts contained AGPL-style language, but several of the
             | companies involved in the GPLv3 drafting process (such as
             | Google) objected, and those clauses were withdrawn from the
             | final GPLv3.
        
           | ABeeSea wrote:
           | > many people were outraged by even this limited requirement
           | 
           | It isn't a limited requirements. There is a very real legal
           | risk that using GPL software in an enterprise code base means
           | you have to open source of your entire code base. That is an
           | unacceptable risk for almost any business so GPL software
           | doesn't get used.
        
             | lacker wrote:
             | _That is an unacceptable risk for almost any business so
             | GPL software doesn't get used._
             | 
             | Plenty of companies use Linux... this seems like something
             | people worried about in the 90's but have now generally
             | accepted.
        
               | ABeeSea wrote:
               | Linux system libraries are released under Lesser GPL
               | and/or have exemptions for linking that the general GPL
               | does not have. I worked at $bigtechco$ and anything
               | GPL/AGPL was expressly forbidden by the lawyers.
        
             | 35fbe7d3d5b9 wrote:
             | > That is an unacceptable risk for almost any business so
             | GPL software doesn't get used.
             | 
             | And this, right there, is how MySQL AB was purchased for a
             | billion dollars in 2008: you dual-license your software.
             | Release it under a copyleft license that bigco's don't want
             | to touch (AGPL3 is tempting today!), and offer a commercial
             | license that gives your customers the freedom to use it as
             | they need.
        
             | Blackthorn wrote:
             | So the companies can simply buy an alternate licence.
             | What's the problem? They end up giving back in terms of $$$
             | then.
        
               | warkdarrior wrote:
               | Some projects do not offer alternate/dual licensing.
        
               | pydry wrote:
               | I'm pretty sure a lot of projects would be open to doing
               | it if offered $$$.
        
             | pjc50 wrote:
             | Well .. yes. That's the license fee. If you incorporate
             | Oracle code or Nintendo characters in your software you'll
             | get sued as well. So no you can't use GPLd libraries
             | without contributing forward. This is intentional and the
             | purpose of copyleft.
             | 
             | GPL allows you to "use" but not "make derived works".
        
               | ABeeSea wrote:
               | And most companies have decided that the fee of opening
               | their entire code base to use a single GPL library isn't
               | worth it. That is heft license fee if you have invested
               | billions into creating your company's source code.
        
         | specialist wrote:
         | Amazon convinces investors to eschew profits. Unusual. Result:
         | lower cost of capital.
         | 
         | Amazon benefits from extended tax holiday. Result: lower cost
         | of doing business.
         | 
         | Amazon appropriates FOSS. Result: lower cost of development.
         | 
         | Amazon knocks off successful products, competing with their own
         | partners in their own walled garden. Result: lower cost of
         | product development.
         | 
         | Amazon allows counterfeit products, fake reviews, and other
         | fraud. Result: lower cost of operations.
         | 
         | Amazon uses gig workers. Result: lower cost of labor.
         | 
         | I'm sensing a pattern...
         | 
         | Amazon's success, their prime (pun!) advantage, is built on
         | aggressively avoiding costs normally incurred by other
         | businesses. They perfected WalMart's strategy.
         | 
         | Sure, they've done some clever stuff. Throw enough spaghetti,
         | some of it will stick. Free shipping with Prime membership is
         | akin to Tencent's freemium (genius). And figuring out how to
         | sell excess capacity was cool.
         | 
         | I'm sure a lot of other leaders would share Bezos' tolerance
         | for risk, commitment to long term plans, if only they weren't
         | micromanaged by Wall St.
        
           | pjmlp wrote:
           | HNers praise how great Amazon is for product XYZ.
           | 
           | HNers praise how great Amazon is for Graviton.
           | 
           | HNers praise how great Amazon is for leaving Azure and GCP on
           | the dust.
           | 
           | HNers praise how great Amazon is for FOSS project XYZ.
           | 
           | HNers bash Amazon because yet another project made the wrong
           | assumptions how to make money out of MIT/BSD style licenses.
           | 
           | Yep, I am seeing a pattern definitely.
        
             | samatman wrote:
             | This kind of critique is basically never valid.
             | 
             | Any time I've seen it, it's glaringly obvious that HN users
             | come down on both sides of the issue.
             | 
             | Pattern-matching detractors of your position as dominant in
             | a particular venue's discussion is a common partisan
             | failure mode. Doesn't mean you have to succumb to it.
        
               | johncena33 wrote:
               | Sorry I hate to disagree. HN has lost its way last few
               | years. The amount of FUD spread against Google on HN is
               | mind-boggling. Every single day there is at least one
               | anti-Google post on HN front page. Most of the content is
               | the old broken record. I simple hide these posts from
               | newsfeed. But the moderators have chosen to look other
               | way.
               | 
               | On top of that, lots of discussion has become simply low-
               | quality. The comments on technical posts turn into
               | complaining about something not related to the technical
               | content rather about the product. The amount of
               | complaining and whining is through the roof. Mods should
               | look into "Whine Wednesday" type threads to keep the off-
               | topic whinings and complaining invading every single
               | thread.
        
             | specialist wrote:
             | I apologize. I'm simply trying to understand and explain,
             | if only to myself, to better calibrate expectations.
             | 
             | I do not criticize or defend Amazon's parasitic
             | relationship with FOSS. Frankly, I don't yet see how it can
             | be any other way. I just merely acknowledge the plain
             | truth. And that Amazon is better at this than the other
             | belligerents.
             | 
             | While I'm a very happy Amazon Prime customer, I'd never be
             | an employee or otherwise do business with Amazon. I just
             | feel like there's no way for me to benefit proportionally.
             | Per the parable of the lion's share.
             | 
             | > _...the wrong assumptions how to make money out of MIT
             | /BSD style licenses._
             | 
             | Go on.
             | 
             | I'm hoping someone, anyone will discuss Peter Hintjens'
             | (ZeroMQ) advice.
             | 
             | I have three projects in my back pocket. Once seen, their
             | secret sauce is trivially reproduced. I can think of no way
             | to publish them as anything other than FOSS. Not even as a
             | service. Nor can I figure out how to pay rent working on
             | them.
             | 
             | Which is a pity. These three tools are pretty neat.
        
           | remram wrote:
           | Any single entry on that "clever stuff" lists directly hurts
           | someone and destroy the ecosystem in the long run.
        
             | astrange wrote:
             | Getting investors to give Bezos free money for being Bezos
             | was actually pretty good for customers and got everyone
             | free one-day shipping. Amazon is an investor charity like
             | Uber, not a business.
        
               | peterwoerner wrote:
               | Right now it is better for the customers, but that
               | doesn't mean it will continue to be this. You assume that
               | once/if Bezos crushes the rest of the competitors he
               | won't start significantly increasing prices.
               | 
               | We saw something similar in the 90s where health care
               | prices plummeted as the now winners developed and
               | convinced the public that their monopolies were good. Now
               | they are able increase prices by 15-20%/yr into the
               | foreseeable future.
               | 
               | This is not a prediction (per se), but a statement that
               | we should realize that monopolistic might be good for the
               | consumer in the short term but bad in the long term.
        
             | specialist wrote:
             | Poor phrasing on my part. I mean decisions which weren't
             | obviously correct beforehand.
             | 
             | I certainly didn't grok AWS for way too long.
             | 
             | And there was plenty of concern trolling about free
             | shipping, eg "how long can they sustain this loss
             | leader?!". Very long when you have free capital, certainly
             | more than anyone else. It fortuitously parlayed into
             | amazing customer retention and upselling. What Prof G
             | (Scott Galloway) has coined the rundle (recurring revenue
             | bundle). Proved so effective, in fact, that everyone's now
             | doing subscriptions for everything.
        
           | ako wrote:
           | Yes, and we are all voting with our wallets by buying the
           | cheapest products. Just like with China. And just like with
           | Chinese production, we'll regret it when it's too late.
        
         | spullara wrote:
         | If you ask me, these license changes are bait and switch. If
         | they had started with this license it wouldn't have the same
         | adoption, now they are pulling it.
        
         | lacker wrote:
         | _Amazon came in and took a bunch of that money while not giving
         | anything back._
         | 
         | Amazon is giving a lot back to the community, though. They are
         | providing a really valuable service when they provide open
         | source software as a service. They aren't giving back to
         | _Elastic_ the company, but it 's important to note the
         | difference, because Amazon isn't being a bad actor here. I
         | think it's reasonable for both Amazon and Elastic to act the
         | way they do, and I think the competition between their
         | respective business models will end up in a better set of
         | products available to developers.
        
           | cmiles74 wrote:
           | I would bet that if Elastic disappeared we'd see this
           | offering stagnate. Amazon has put time and energy into work
           | making the service but little (AFAICT) into the Elasticsearch
           | product itself.
           | 
           | In my opinion this is a short-sighted way for Amazon to do
           | business. If Elastic makes every new feature unusable by
           | Amazon, do to licensing restrictions, Amazon's product will
           | fall behind.
        
         | 7952 wrote:
         | Would anyone consider licenses the specifically exclude certain
         | companies?
        
           | Doctor_Fegg wrote:
           | WTFPL effectively does that. Big companies won't touch it.
        
         | tolmasky wrote:
         | I don't think there's "right" and "wrong", but bizarre
         | (entitled?) expectations. A natural part of Open Source is that
         | someone may come in and make way more money off of something
         | than you do. In fact, Amazon makes way more money off of Linux
         | than Linus ever did. But you don't even have to go that far,
         | many completely unrelated YC companies made way more money off
         | of Linux than Linus did, and could arguably have not pulled
         | that off without Linux being a free OS that you don't even have
         | to _think about_ since it 's so ingrained in hosting. But when
         | the _intent_ of Open Source is  "to increase the quality of
         | software around the world", this is considered a _good result_.
         | However, when the _intent_ of Open Source is some nebulous
         | initial hyper-growth to then hope you can offer hosting, the
         | expectations just aren 't set correctly. Unfortunately, the
         | open source strategy does not magically offer the right result
         | based on the _intent_ of the author.
         | 
         | If Linus all of a sudden woke up tomorrow and said "Hey, I just
         | realized that I'm not being paid a cut by literally every
         | single company in Silicon Valley, that is _NOT OK_ , I am going
         | to shift gears and remove non-contributor code and start
         | releasing Linux as closed source from now on", I feel people
         | would be less forgiving than they are to these _much less
         | impactful companies_. But Linus would be as  "right" as they
         | are, arguably more so.
         | 
         | Many of these companies are simply learning that maybe all
         | those "dinosaurs" of the 90s might have been onto something
         | with commercial licensing, which ultimately seems to be what
         | they actually want: to _charge_ money for their software. Sure,
         | it doesn 't get you free contributions and ready-made
         | communities, but it gets you money, which is what a company is
         | supposed to do. And that's fine! It's just not Open Source.
        
           | HotHotLava wrote:
           | Linus' original license did forbid making _any_ money off the
           | kernel:
           | 
           | > - You may not distibute[sic] this for a fee, not even
           | "handling" costs.
           | 
           | Also I think the GPL was pretty important to the kernel,
           | since many companies, especially in the 90s, probably would
           | have kept contributions private and their code closed without
           | that gentle push.
        
             | pjmlp wrote:
             | Without it, we would have all the big UNIXes still around,
             | adopting BSD code as they already were doing.
        
               | jabl wrote:
               | Maybe they would still be around in some form, yes,
               | although the mass market advantages of x86 would still
               | have killed of the traditional RISC Unix workstation
               | market etc.
               | 
               | OTOH maybe eventually most people would have switched to
               | FreeBSD (or whatever free *BSD would have been the
               | "mainstream" choice), just like they switched to Linux in
               | our universe, since they thought that whatever value add
               | provided by some proprietary unix wasn't worth it
               | anymore.
               | 
               | In a hypothetical copyleft-free universe, sure, there
               | would be a lot more companies using OSS to create
               | proprietary products without having to think about what
               | is a derivative work, linking and distribution
               | restrictions. OTOH all those proprietary companies
               | playing the "commodify your complement" game against each
               | other would ensure that the quantity and quantity of OSS
               | would continually be increasing as well, forcing those
               | companies to continually innovate lest they lose their
               | market to the free OSS alternatives. To repeat,
               | hypothetically speaking, as we don't have an alternate
               | universe to run such experiments in.
        
         | pythonaut_16 wrote:
         | > Amazon came in and took a bunch of that money while not
         | giving anything back
         | 
         | Amazon took no money from them; they competed on potential
         | revenues.
         | 
         | I think people are upset, not because they don't clearly
         | understand Elastic's motivations, but because Elastic is trying
         | to paint Amazon as the bad guy for using the license Elastic
         | offered. Amazon benefited from Elastic's open license, but so
         | did Elastic. Being open source has greatly benefited Elastic's
         | own business and growth.
         | 
         | That isn't to say that Amazon's size and practices around open
         | source aren't cause for concern, just that Elastic come across
         | as very disingenuous when they try to lay all the blame on
         | Amazon while proclaiming how dedicated they are to "openness".
        
         | 35fbe7d3d5b9 wrote:
         | > companies are formed, invest a whole lot of resources into
         | creating a product, open-source it, and then have Amazon eat
         | into their profits by just installing and maintaining that
         | product as a service?
         | 
         | Why should we be mad at Amazon for adhering to the terms of the
         | license that the ES developers chose?
         | 
         | Software isn't born under the terms of Apache 2/MIT/BSD/a
         | similarly permissive license. The people who developed it chose
         | that license.
        
           | forgetfulness wrote:
           | Because while it's true that Amazon is following the terms of
           | the license, it's having real repercussions in that the
           | people actually maintaining the Software are seeing decreased
           | ability to grow the product because a huge company, belonging
           | to the second richest man in the world, is offering it as
           | part of their vertically-integrated oligopoly.
           | 
           | Reducing it to an issue of following license terms is short
           | sighted, it's having negative repercussions on the software
           | ecosystem and it's a dimension that has to be considered
           | beyond merely a discussion on copyleft and the extent of it.
        
             | brabel wrote:
             | > the people actually maintaining the Software are seeing
             | decreased ability to grow the product because a huge
             | company, belonging to the second richest man in the world,
             | is offering it as part of their vertically-integrated
             | oligopoly.
             | 
             | When you choose an OSS license, you're giving permission to
             | any company or person to exploit your product in any way
             | they want, this is how OSS works.
             | 
             | Amazon is not the only one that can do this and I would be
             | surprised if other cloud vendors didn't also offer ES and
             | other popular OSS software to their customers.
             | 
             | Do you expect that just because you created some OSS you
             | deserve some kind of exclusivity on profits made from it??
             | If you do, you need to understand you need to use a non-OSS
             | license. This seems to be what Elastic has finally
             | realised, but a bit late.
        
               | forgetfulness wrote:
               | Yes but that's what I'm talking about. That's a core
               | principle in OSS so far but you can't sweep the issues of
               | fairness to the people doing the actual work nor the
               | issue of contributing to increasing the power of
               | organizations whose interests are more likely counter to
               | people's freedom and welfare.
               | 
               | I know that prominent figures in FOSS have expressed the
               | sentiment that you have to suck it up, but you know, the
               | people actually living through this have a say.
               | 
               | Thus, licensing changes and a conversation on their moral
               | standing.
        
               | 35fbe7d3d5b9 wrote:
               | You cannot release your software under the terms of a
               | permissive license, then when faced with a large company
               | following the terms of the license, complain that you
               | should get first crack at monetization.
               | 
               | That seems to be the fundamental problem with this whole
               | tempest in a teapot: people have decided on an idea of
               | what "free software" means in their hearts, and many
               | people think it's about "fairness" and "protecting the
               | little guy". That is noble and good, but isn't extensible
               | to an existing large body of software with licenses that
               | clearly spell out how free they are or are not.
               | 
               | But what is great is that if you don't like the state of
               | affairs you _don 't_ have to suck it up: you just have to
               | pick a license that is better suited to your goals.
               | 
               | I have a handful of open source projects on my public
               | Github. They fall into two categories for me:
               | 
               | * Software that is trivial, uninteresting, or easy to
               | replicate: these I've released under the terms of the ISC
               | license (2-clause BSD). I have no expectation it will
               | ever come to much, so I'm happy to free it - if it ever
               | turns up in the license file of the iPhone or a Tesla or
               | something I'll say "cool!" (but it won't because it's not
               | that good ;)) Hopefully someone uses it and it makes
               | their life easier.
               | 
               | * Software that is non-trivial, interesting, or difficult
               | to replicate: I've freed it all under the terms of the
               | AGPLv3 and placed a "business use? contact me about the
               | license" note at the top. If I ever decided to work
               | towards building a product around the software (but I
               | won't because it's not that good ;)) I'd look at a dual-
               | licensing strategy, but in the meantime it's out there
               | for anyone to extend and carry forward and build things
               | on. But I know that the AGPLv3 essentially means FAANG
               | will never touch it because the risk is disproportionate
               | for the reward of using it.
               | 
               | This feels right to me. Your calculus may be different so
               | you can license as you'd wish.
        
             | 35fbe7d3d5b9 wrote:
             | > Reducing it to an issue of following license terms is
             | short sighted
             | 
             | It's really not: the license terms are the root of the
             | problem you are pointing out. We can either voice our
             | (righteous, but ultimately pointless) anger or we can try
             | to analyze what's happening and how to fix it. So let's do
             | the latter.
             | 
             | Amazon offers a fully managed ElasticSearch service running
             | on the core ES code because ElasticSearch was, up to this
             | point, released under the Apache 2.0 license which _fully
             | supports Amazon 's right to do this_.
             | 
             | Amazon offers a fully managed MongoDB _compatible_ database
             | called DocumentDB. It is _not_ based on MongoDB - Amazon
             | reimplemented the core functionality but maintained the
             | MongoDB API layer.
             | 
             | MongoDB Inc. makes the forceful point that it is not a drop
             | in replacement[1] but a rather crippled product that lags
             | behind what MongoDB can do and continues to diverge. This
             | is likely very good marketing for MongoDB and probably
             | helps their company succeed :)
             | 
             | Why did Amazon do this? Why would Amazon use the core ES
             | code but go through a more difficult reimplementation for
             | Mongo?
             | 
             | Because MongoDB's core was licensed under the terms of the
             | AGPL3, but all the drivers that implemented the API
             | functionality were implemented under terms of the Apache
             | 2.0 license.
             | 
             | Beginning to see the solution?
             | 
             | [1]: https://www.mongodb.com/atlas-vs-amazon-documentdb
        
           | StavrosK wrote:
           | > Why should we be mad at Amazon for adhering to the terms of
           | the license that the ES developers chose?
           | 
           | We shouldn't. But you can't have your cake and eat it too,
           | and say "well these are the terms you chose so why be mad at
           | someone following them" and then ALSO say "hey, you can't
           | change your terms!".
           | 
           | They're their terms, they can change them if they want to.
        
             | 35fbe7d3d5b9 wrote:
             | > But you can't have your cake and eat it too, and say
             | "well these are the terms you chose so why be mad at
             | someone following them" and then ALSO say "hey, you can't
             | change your terms!".
             | 
             | I haven't said that. And as far as I know, Amazon hasn't
             | either. Have I missed something from them?
             | 
             | You seem to be the only person passing value judgements:
             | 
             | > Amazon hinders that, period. I don't think Elastic is in
             | the wrong here, I think Amazon is.
             | 
             | This is incorrect: Amazon used Elastic per terms of the
             | license. Elastic didn't care for an infringement on their
             | business, so they've relicensed. No one is in the wrong
             | here.
        
               | StavrosK wrote:
               | > I haven't said that. And as far as I know, Amazon
               | hasn't either. Have I missed something from them?
               | 
               | I'm talking about the general sentiment here. Either
               | Amazon have been playing by the rules and Elastic is
               | within their rights to change those rules, so no problem
               | anywhere, or Amazon has been harming a part of the OSS
               | ecosystem and forced Elastic to make an unpopular change.
               | 
               | > Amazon used Elastic per terms of the license
               | 
               | Maybe I shouldn't have used "in the wrong" and said "is
               | the problem" instead. I don't so much care about whether
               | the rules are being followed as I care that more
               | companies are encouraged to release their software as OSS
               | because they can make money for it. That's a win-win
               | situation to me.
        
               | brabel wrote:
               | > I care that more companies are encouraged to release
               | their software as OSS because they can make money for it.
               | 
               | But they can't! Tell me how many companies make profit
               | off purely OSS... RedHat maybe? What else?
               | 
               | And even if they can, they shouldn't be surprised when
               | competitors use their OSS for their own benefit because
               | OSS explicitly allows for that. Making money off OSS is a
               | red herring, just because it works in a couple isolated
               | cases, doesn't mean it's a viable business strategy.
        
               | smichel17 wrote:
               | Fundamentally, there's no "profit" to be made in OSS, nor
               | public goods in general. If you try to charge for more
               | than "at cost", someone else can and will come along and
               | undercut you.
               | 
               | Why the scare quotes? Well, I don't mean _all_ profit
               | according to definition, but specifically the  "returns
               | for investors" type. _Company profits._ Technically you
               | can run a sole proprietorship, and make (say) $100k in
               | profit.. or you could structure as a corporation, pay
               | yourself a $100k salary, and make no profit. It 's all
               | the same money, but it's two ways of looking at the
               | portion that I would like to describe as fair
               | compensation to a human for the work they do. When I say
               | "at cost", I don't mean that it's fundamentally
               | impossible to make a living working on OSS; I mean it's
               | fundamentally impossible to _get filthy rich_ with it.
               | 
               | And in my opinion that's a good thing. In my experience,
               | "getting filthy rich" / providing outsized returns to
               | investors almost always comes at someone else's expense.
               | Usually the little guy. It happens when the poor sod
               | paying you can't afford to switch to a competitor, so
               | you're able to wring them dry. The counter-argument goes
               | that we need the "filthy rich" incentive to motivate
               | people to make these things. I think it likely increases
               | the rate of innovation, but I think the amount of cool
               | and useful OSS written by people in their spare time is
               | evidence enough that profit is not a _requirement_ in
               | that area, only financial security.
               | 
               | There is a problem, though, where it's currently very
               | difficult to even make a living wage working on OSS
               | (again, or public goods in general). I think can be
               | solved, and I am working on a project trying to solve
               | this (as a volunteer; we could use help). I'll cut it
               | here (I spent far too much time writing this comment
               | already...), but you can read more at
               | https://wiki.snowdrift.coop
        
         | tootie wrote:
         | From a purely utilitarian perspective, I can live without
         | Elastic far easier than I could live without AWS. From a legal
         | perspective, AWS are faultless in using OSS for their own
         | purposes. The only losers are Elastic's investors. And there's
         | no way they couldn't have seen this coming with their business
         | model as it is.
        
           | twobitshifter wrote:
           | I think Amazon infringed on the trademark. I'm not sure how
           | that didn't lead to an agreement between ES and Amazon.
           | Perhaps Amazon just had the better lawyers.
        
         | nenolod wrote:
         | Amazon contributed code to Elasticsearch. They are certainly
         | allowed to profit from their code contributions.
        
         | ryanmarsh wrote:
         | On the one hand I don't like the idea of a company like Amazon
         | exploiting (in the classic sense) open source. I've not seen
         | Amazon give much back to open source relative to what they've
         | gained.
         | 
         | On the other hand if you open source something with a license
         | that permits selling the software, well... what do you expect?
         | You gotta hand it to Amazon. They've really hustled the
         | industry by hosting open source code. The code is free,
         | literally anybody else could have done this, but Amazon did it
         | especially well.
        
         | cratermoon wrote:
         | Amazon has become known for copying products and selling them
         | as Amazon Basics. They either kick the original product off
         | their platform or undercut the prices so drastically the
         | original seller goes out of business.
         | 
         | https://fortune.com/2016/04/20/amazon-copies-merchants/
        
         | judofyr wrote:
         | > Apart from the general consternation about an OSS license
         | becoming non-OSS, can we also talk about the problem that
         | companies are formed, invest a whole lot of resources into
         | creating a product, open-source it, and then have Amazon eat
         | into their profits by just installing and maintaining that
         | product as a service?
         | 
         | Ten years ago I would be very hesitant adopting ElasticSearch
         | if I knew that they were the only ones allowed to maintain a
         | cloud solution of it. The fact that is was liberally licensed
         | made me less afraid of vendor lock-in.
         | 
         | In my opinion it seems like Elastic wants ElasticSearch to
         | still be _perceived_ as the fully open source project (with all
         | of its good connotations) it once was.
         | 
         | > AWS is the fly in the ointment there, and I don't see how
         | blaming Elastic for not giving us stuff for free any more is
         | anything other than entitled. We should be grateful that ES is
         | OSS at all, and we should want an environment where companies
         | that produce OSS can thrive, instead of blaming them for
         | wanting to get paid for the work that they release freely into
         | the world.
         | 
         | It's okay to release things as non-OSS. It's also okay to
         | release something as OSS first, and then regret later. But it's
         | super weird that they're painting this picture of AWS being a
         | big evil company when they're just doing exactly what is
         | expected. Can't they just say "we're not able to build a
         | company around the liberal license" instead of this "we're such
         | an open company and we love open source and AWS is ruining
         | everything" talk?
        
           | floatingatoll wrote:
           | The new license doesn't restrict others from operating
           | Elasticsearch as a service. It restricts others from
           | operating Elasticsearch as a service _unless_ they release
           | any source code patches, improvements, and /or functionality
           | extensions they make to it.
           | 
           | To me, that's exactly what you're saying you expected from
           | liberal licenses, but it's delivered by a restrictive
           | license, using the restrictions popularized by GPL licenses.
           | This makes ElasticSearch _more_ open source, rather than
           | less, because now anyone who uses it has to  "open" their
           | source code. That's the premise of GPLv3 in a nutshell, and
           | I'm hard-pressed to understand how it's a drawback here.
           | 
           | Have I misunderstood and their new license somehow _reduces_
           | the openness of their source code to the world?
        
             | judofyr wrote:
             | I think the term "more open" is a bit too vague in this
             | discussion. Sometimes people use it to refer to
             | permissiveness (e.g. BSD) and sometimes people use it to
             | refer to stimulating further open source work (e.g. GPL).
             | 
             | (And if we're following the "definitions" then
             | ElasticSearch is no longer "open source" since that has a
             | strict definition, but it's probably not so relevant in
             | this discussion.)
             | 
             | I also don't really object to their license choice at all;
             | what I object to is how they're framing the discussion.
             | This license change is all about business: They want to be
             | able to sell their cloud service without competition.
             | That's perfectly okay, but there's no need to hide this.
             | And certainly no need to "shame" Amazon for building a
             | business on top of something Elastic open sourced.
             | 
             | > Have I misunderstood and their new license somehow
             | reduces the _openness_ of their source code to the world?
             | 
             | I think their new license just shows that it's all about
             | business. If they _really_ wanted an open source license
             | which stimulates anyone to share improvements to
             | ElasticSearch they could have picked GPL. As of now, any
             | big company (Facebook, Google, etc) can create an improved
             | internal fork of ElasticSearch which none of the community
             | will ever be able to take advantage of. And why are they
             | fine with Facebook /Google doing this? Because it won't
             | jeopardize Elastic's cloud offering.
             | 
             | In addition, their new license also makes it harder for
             | other people to build businesses on top of ElasticSearch.
             | Imagine that I invest a ton of time and effort into
             | creating a new management layer which is capable of scaling
             | ElasticSearch drastically better. Something completely
             | novel which looks at current trends of traffic and
             | automatically moves shards around. Non-trivial stuff. Well,
             | sorry, there's no way of building a business on top of this
             | idea.
        
             | [deleted]
        
             | Conan_Kudo wrote:
             | > The new license doesn't restrict others from operating
             | Elasticsearch as a service. It restricts others from
             | operating Elasticsearch as a service unless they release
             | any source code patches, improvements, and/or functionality
             | extensions they make to it.
             | 
             | If this was AGPL, I'd agree with you. IANAL, but SSPL is so
             | broad that it could be construed to cover the Linux kernel,
             | which is a no-no. :(
        
             | h_anna_h wrote:
             | The license does not seem any different to AGPLv3 as you
             | are describing it, in that case why did they not just use
             | AGPLv3 which is FOSS?
        
           | tshaddox wrote:
           | > In my opinion it seems like Elastic wants ElasticSearch to
           | still be perceived as the fully open source project (with all
           | of its good connotations) it once was.
           | 
           | That's my attitude towards most of these license changes or
           | "open core" pivots. These companies want all the good will
           | and community contributions of "open source" while still
           | being able to wield intellectual property protection laws
           | against other companies who dare compete against them on
           | unrelated, commoditized services like hosting.
        
             | treis wrote:
             | It's somewhere between bait and switch & dumping. It's very
             | hard to compete against free. And it's very hard to make
             | money when you give away your product for free. Cloud
             | hosting was a way out of that conundrum. But that window is
             | now closing as the big cloud operators move in + the rise
             | of Docker making hosting much easier.
        
               | tshaddox wrote:
               | > And it's very hard to make money when you give away
               | your product for free. Cloud hosting was a way out of
               | that conundrum.
               | 
               | But surely it's only a conundrum if the primary goal of a
               | software project is for a single company that has the
               | same name as the software project to exclusively make
               | money by selling hosting and/or support for that software
               | _while still using an open source license to attract a
               | community of developers to work for you for free_. I 'd
               | argue that this conundrum is easily resolvable: either
               | have an open source software project for which anyone can
               | sell support and hosting, or have a software company that
               | develops proprietary software and sells it and related
               | services.
        
           | btinker wrote:
           | > In my opinion it seems like Elastic wants ElasticSearch to
           | still be perceived as the fully open source project (with all
           | of its good connotations) it once was.
           | 
           | This. It is too bad they couldn't have satisfactory financial
           | success building on open source and it is their right and
           | perfectly fine to switch to a different model, but their
           | justification as well as the SSPL dual licensing muddle the
           | water unnecessarily.
           | 
           | At least the blogpost clearly states it is no longer open
           | source, but then it goes "it's just definition, we're
           | actually totally free and open, just, you know, not OSI free
           | and open". SSPL software is not free software, it is not
           | FOSS. Calling it "free and open software" is misleading at
           | best.
        
             | pjmlp wrote:
             | Basically shareware with source available, we have come
             | full circle.
        
             | kemitchell wrote:
             | I don't have any problem calling SSPL software "open
             | source". Or AGPL software, for that matter. What's not free
             | or open about applying copyleft to network services?
        
           | stingraycharles wrote:
           | I think AWS is a case of someone ruining it for the rest.
           | Yes, they're allowed to do that and there's nothing wrong
           | legally, but in the end everyone will be worse off.
           | 
           | I would be much more hesitant choosing an storage solution if
           | I knew the parent company has problems monetizing upon it.
        
             | Nexxxeh wrote:
             | "Just because you CAN, doesn't mean you SHOULD."
        
             | mbreese wrote:
             | _> more hesitant choosing an storage solution if I knew the
             | parent company has problems monetizing_
             | 
             | You should be hesitant about choosing any mission critical
             | product where you don't know how the vendor will make
             | money. This is even the case with stable vendors. How many
             | products has Google killed over the years because they
             | could figure out how to make them profitable (enough)?
        
               | johncena33 wrote:
               | > How many products has Google killed over the years
               | because they could figure out how to make them profitable
               | (enough)?
               | 
               | HN never ceases to amaze me. This is a post on pattern of
               | exploitative and anti-competitive behavior of AWS.
               | Somehow HN crowd found a way to whine about Google. Every
               | single day multiple anti-Google posts on HN front page
               | was not enough.
        
         | babarock wrote:
         | What's the point of "open sourcing" if you get annoyed at
         | people redistributing your work? Honest question here.
         | 
         | I'm really not interested to know who's in the "right" or in
         | the "wrong". I want to know, what's the motivation for
         | opensource if not "reuse my code please"
        
           | StavrosK wrote:
           | That question makes the wrong assumption. You assume "OSS" is
           | a given and "getting annoyed at Amazon" is the issue. In
           | reality, "getting annoyed at Amazon" is the given and "OSS"
           | is the issue.
           | 
           | Then, you can ask "if they get annoyed at Amazon, why open
           | source?" and the answer is "indeed, and now that they
           | realized their mistake they're changing it".
        
             | growse wrote:
             | > Then, you can ask "if they get annoyed at Amazon, why
             | open source?" and the answer is "indeed, and now that they
             | realized their mistake they're changing it".
             | 
             | Notably, they're changing it after building a business off
             | the back of many contributors, many of whom expected to be
             | contributing to OSS. Sure, there's a CLA so there's no
             | legal issue, but I'm not sure it's any more morally
             | virtuous than what Amazon's doing. Both are versions of
             | "trying to make billions of dollars off the backs of other
             | people's work".
             | 
             | There's having cake, and then there's eating it. Either you
             | want to retain control over something so you can monetize
             | it to the max, or you want to particpate (and benefit from)
             | the OSS community and build something that benefits
             | everyone.
        
         | [deleted]
        
         | delfinom wrote:
         | Amazon is executing EEE in modern times, it's brilliant nobody
         | sees it.
         | 
         | They are moving onto the "Extend and Extinguish" phase with
         | elastic.
        
           | tootie wrote:
           | I don't see this at all. The "extinguish" phase is usually
           | done when a product is acquired by a direct competitor to
           | acquire it's customers. Amazon doesn't have a competing
           | product. And their platform is well-known for supporting
           | multiple competing software products (look at their array of
           | databases for example). And the fact that they are now
           | supporting their own JVM to protect users from Oracle's newly
           | aggressive licensing.
           | 
           | This is, perhaps, exploitation but it seems unlikely they'll
           | kill Elastic ever.
        
           | ec109685 wrote:
           | Elastic is a 10B company and have the ability to write all
           | the proprietary code they want to compete with Amazon.
        
             | paxys wrote:
             | $15B actually
        
           | VoxPelli wrote:
           | They seems to be a lot better when it comes to cooperating
           | with eg Envoy and Kubernetes communities though?
           | 
           | Not sure how good they are with eg MySQL and PostgreSQL,
           | anyone know?
        
             | detaro wrote:
             | _communities_ is the key word. Neither have one company
             | behind them whose income they are eating.
        
           | dayjah wrote:
           | Sorry, what is "EEE"? Brief search turns up a horse disease?
        
             | mden wrote:
             | Embrace, Extend, Extinguish. Infamous strategy of Microsoft
             | esp in the 90s.
        
             | delfinom wrote:
             | One of the things Microsoft got anti-trusted for back in
             | the day
        
             | detaro wrote:
             | https://en.wikipedia.org/wiki/Embrace,_extend,_and_extingui
             | s...
        
         | cortesoft wrote:
         | > Elastic could have released ES as closed source, but they
         | didn't, and the OSS ecosystem is better for it.
         | 
         | Except elasticsearch was created before the company Elastic
         | even existed. They couldn't have released it as closed source
         | because they weren't there to release it at all.
         | 
         | It was written by one guy and it was based on previous open
         | source code in Lucene.
         | 
         | I am ok with them making money off their project, but it isn't
         | like they are owed a billion dollar company for their work.
        
           | nemothekid wrote:
           | > _It was written by one guy and it was based on previous
           | open source code in Lucene._
           | 
           | That "one guy" is the CEO and founder of the company. You are
           | making it seem like some guy developed an open source
           | database, and a company later came around and built a
           | business out of it, when that wasn't the case.
        
             | iamsb wrote:
             | At least as per the wikipedia page[1], there is a lag of 2
             | years between product and company, and there prior history
             | of him working on similar products. So I think it is
             | reasonable to give benefit of the doubt that open source
             | product was created in good faith and commercial interests
             | only got explored later.
             | 
             | Most open source to commercial success stories like Kafka,
             | Mongodb, and Elastic do seem to follow similar path.
             | 
             | [1] https://en.wikipedia.org/wiki/Elasticsearch#History
        
             | cortesoft wrote:
             | No, but my point is one guy wrote it and has made a lot of
             | money from it. He has been more than compensated for his
             | work.
             | 
             | Any money made from here on out is not based on the work of
             | creating the software, but on helping people use it. If
             | Amazon does a better job of that than Elastic, than they
             | should win the competition.
        
           | SpicyLemonZest wrote:
           | They actually _have_ their billion dollar company, if they
           | think they 're owed it - Elastic has a market cap of over $14
           | billion.
        
           | cmiles74 wrote:
           | Elasticsearch offers _a lot_ above and beyond what you get
           | out-of-the-box with Lucene. For sure, the Lucene library is
           | used by Elasticsearch but this comparison is way off base.
        
           | eloff wrote:
           | > I am ok with them making money off their project, but it
           | isn't like they are owed a billion dollar company for their
           | work.
           | 
           | Because no other companies build on a foundation of open-
           | source software today? I think that describes every company.
           | Yes, the actual core product is the open-source software, not
           | just components of it, but does that really matter?
           | 
           | I don't understand the distinction you're trying to make
           | here.
        
             | cortesoft wrote:
             | My distinction is that I don't think they are being abused.
             | They want to build a business around an open source tool
             | just like AWS wants to also build a business around an open
             | source tool.
             | 
             | I am happy to let them compete to see who can offer the
             | best value.
        
             | bcrosby95 wrote:
             | Complaining about AWS building off open source software
             | when you did too seems a bit awkward. I'd be willing to bet
             | AWS has spent at least as many person-hours developing
             | their service as has been put into ES itself.
             | 
             | I don't really know where I fall on this subject. Companies
             | need a route to monetize when developing open source
             | products. It feels like AWS has been closing many ways to
             | do that. Short term it might feel good for us end users,
             | but long term it's probably bad for the ecosystem.
        
         | VoxPelli wrote:
         | I think both are at fault. Amazon for provoking this and
         | Elastic for over-reacting like this and totally break with the
         | open source licensing, when that isn't necessary to stop
         | Amazon. They could do like MariaDB rather than follow MongoDB:
         | https://perens.com/2017/02/14/bsl-1-1/ Would be much more
         | appropriate and alienate the open source community much less.
        
           | dhd415 wrote:
           | Notably, they are apparently considering that:
           | https://www.elastic.co/blog/license-change-clarification
        
           | StavrosK wrote:
           | Hmm, what's the difference between the BSL and Elastic's
           | license?
        
             | detaro wrote:
             | Code converts to an open-source license after X (e.g. 4)
             | years in BSL. Time will tell how it works out, especially
             | for mature products it could just mean that everyone
             | targets the 4 year old version.
        
               | VoxPelli wrote:
               | Time will also tell how eg. SSPL will work if eg. Elastic
               | becomes bankrupt, what happens if I can't get a
               | commercial license for it anymore in 10-20 years? BSL:s
               | expire clause ensures that old code never gets
               | unavailable because the business entity has vanished.
               | Does SSPL have any similar protection?
        
         | iamsb wrote:
         | Is there a common theme that can be addressed by adding
         | restriction which can stop distribution as a cloud service in
         | MIT/other licenses?
         | 
         | This is a question, and not a informed opinion/suggestion.
        
         | dumbfounder wrote:
         | And Elastic was built on top of Lucene.
         | 
         | I slice it this way: as a company that is highly invested in
         | AWS it is easier for us to deploy AWS ElasticSearch service
         | than to use Elastic's cloud offering or set it up ourselves.
         | But that doesn't mean I like it. Or are you talking about a
         | different end user?
        
           | StavrosK wrote:
           | Your options are "OSS ES that you can set up on your own for
           | free" or "Closed source ES that you have to pay for". Not
           | "Use AWS" and "Use Elastic".
        
             | dumbfounder wrote:
             | I don't think of it that way at all. Nothing is free. The
             | servers cost money. It costs money (resources) to manage
             | servers. The cloud offerings appeal to us because we do not
             | want to manage servers. AWS ES appeals to us because it is
             | hard for us to sign contracts to buy software outside AWS.
             | The trajectory of the software is definitely something we
             | factor into the decision, but it is very often outweighed
             | by the other factors. To me it is AWS Elastic vs Elastic
             | Cloud vs hosting our own Elastic. Or use something else
             | entirely.
        
         | worik wrote:
         | The point of Free Software is, in part, that other people can
         | use it.
         | 
         | That includes nice people like you and me
         | 
         | It includes reprobates like Amazon
         | 
         | The horrid games they were playing with trade marks is part of
         | why Amazon is a reprobate.
        
         | ignoramous wrote:
         | Elasticsearch became popular on back of being F/OSS. The "our
         | code" Shay talks about is community's too: All the evangelizing
         | through blog posts, talks; and the countless hours spent
         | reporting bugs or even fixing them. If anyone thinks a
         | community's contributions are any less than their own
         | company's, then they don't get to claim to be torch-bearers of
         | F/OSS (which Elastic is without realizing the irony).
         | 
         | Shay keeps claiming "our users" aren't affected, but who's he
         | fooling? They say, AWS cornered them to adopting dual-license
         | SSPL, what's to say they woudln't do an Oracle in the future
         | (like Sun did with Java and continue to do with their DB
         | offerings?). Slippery slope, sure, but it is indeed _slippery_
         | for a company struggling to compete with competition and
         | seeking predatory avenues as last ditch attempt to stay alive.
         | 
         | I believe, in all my naivety, that Elastic could have created
         | an _Elastic Foundation_ (like Joyent did with NodeJS, who btw
         | didn 't throw a hissy-fit at AWS for Lambda) and invited
         | developers from all walks to shoulder the burden of the core
         | software (which they themselves commoditized by F/OSSing it) so
         | that they could focus on SaaS (like AWS).
         | 
         | I'd like to think, Elastic's real problem is they have hard
         | time competing with AWS in terms of pricing for SaaS (of
         | course, AWS owns infrastructure and so it is a tough battle-
         | front), but if they were paying any attention, AWS
         | Elasticsearch Service was _very_ poor in 2015 and continued to
         | remain so for a long time (it sucks less now), but Elastic 's
         | own service wasn't up to the mark, either. I think they
         | misplaced their priorities (see GCP's flawless execution with
         | k8s, managed-k8s, and Anthos) and were caught asleep at the
         | wheel when they could have captured SaaS market away from AWS
         | in those interim years (2015-19) by focusing solely on
         | differentiated features and not on the core Elasticsearch
         | software (which was _libre_ and hence _undifferentiated_ ).
         | 
         | Of course, Shay and Elastic know better than I do and I am
         | indeed a grumpy developer who's upset, but I want Elastic to
         | give up their misleading messaging viz. 'doesn't affect /
         | nothing changes for our users'. They're being hypocritical and
         | not doing anyone any favours.
         | 
         | > _And to be clear, this change most likely has zero effect on
         | you, our users. And no effect on our customers that engage with
         | us either in cloud or on premises._
         | 
         | No, Shay. It does affect the community, who are also the users
         | of the software.
         | 
         | > _We created Elasticsearch; we care about it more than anyone
         | else. It is our life's work. We will wake up every day and do
         | more to move the technology forward and innovate on your
         | behalf._
         | 
         | I see a lot of "We"s and "Our"s. And that's the problem with
         | CLAs and stealing someone else's work. Companies can't tell
         | anymore who's stealing from whom.
        
         | 0800LUCAS wrote:
         | > by just installing and maintaining that product as a service?
         | 
         | You are seriously underestimating the value Amazon provides by
         | "just installing and maintaining" those services. Maintaining a
         | service at the scale they offer is a huge undertaking.
         | 
         | You get the high-availability, the hundreds of engineers
         | working to keep those services up and make them talk to other
         | AWS services easily. You get teams of engineers on-call to
         | react to any failures.
         | 
         | I agree with you that this has a bad effect on the companies
         | that originally created those projects, but I do see a huge
         | value in what Amazon offers.
        
           | StavrosK wrote:
           | I'm not saying "just" as in "it's easy". I'm saying "just" as
           | in "they can install and maintain _but don 't have to develop
           | it too_".
        
             | ignoramous wrote:
             | > _...they can install and maintain but don 't have to
             | develop it too._
             | 
             | As someone building distributed systems, I'd think you'd
             | appreciate that merely "installing" Elasticsearch wouldn't
             | simply cut it for the scale AWS operates at.
             | 
             | I wish Elastic would have focused on their _differentiated
             | offerings_ instead and had let go of their iron grip on
             | Elasticsearch itself (perhaps by creating a _Foundation_
             | around it).
        
         | tinyhouse wrote:
         | The core of Elastic-search is Lucene, another OSS. I'm sure the
         | ES team contributed a lot to Lucene, but do they share their
         | profits with all the Lucene developers? You can think about
         | Elastic as a hosted service around Lucene.
        
           | nrmitchi wrote:
           | I've said this elsewhere, but no.
           | 
           | There are two main differences here.
           | 
           | 1. The scope of the change. My understanding is that
           | Elasticsearch may use Lucene under the hood, but extends it
           | in ways and for use cases that Lucene was not designed for.
           | The same can not be said about AWS taking Elasticsearch and
           | running it as a drop-in replacement.
           | 
           | 2. Perhaps most importantly, Elasticsearch didn't build on
           | top of Lucene, and then decide to call itself Lucene. If you
           | think there is so little differentiation between the product
           | you built and the product you built off of, that you are
           | better off highjacking the name, then I question if you made
           | any meaningful differences.
           | 
           | 3rd BONUS difference: It is my understanding that a large
           | part of the core Lucene team works at (or at one point worked
           | at) Elastic[0].
           | 
           | [0] https://www.elastic.co/blog/investing-apache-lucene
        
             | tinyhouse wrote:
             | 1. No one says you need to modify/extend something in order
             | to sell a service around it. That's why we have licenses
             | that list exactly what you can do and cannot do with the
             | software.
             | 
             | 2. Amazon adds value here by providing hosting solutions
             | for companies using the elastic search software. So it
             | makes sense to call it "Amazon Elasticsearch Service" since
             | that's what it is. I think interpreting this as Amazon
             | built a new competing product but calling it the same name
             | is not the right interpertation. If that's confusing then
             | maybe modifying it to "amazon elasticsearch hosting
             | service" would be the OK thing to do. Not sure if that
             | would make Elastic happy.
             | 
             | 3. That's nice of them (really!). Sounds like win-win. But
             | again, it doesn't make anything they do more justifiable.
        
           | cmiles74 wrote:
           | The only obligation that Easticsearch has to the Lucene
           | project is to donate back improvements to Lucene itself. I
           | believe the Elasticsearch project has done this in the past.
           | 
           | No one is asking Amazon to share profits with Elastic. Many
           | people do expect Amazon to honor trademarks of other
           | companies. Many people expect Amazon not to package
           | proprietary features as if they were free and open source.
           | 
           | Lucene is a library that makes it easier to provide indexing
           | and searching of "stuff". It's not a commercial product with
           | a sales and consulting team. I can't think of a more apples
           | and oranges comparison.
        
             | tinyhouse wrote:
             | I don't know anything about this story so cannot comment
             | about them packaging proprietary features. But here's my
             | thought about the trademarks claims from Elastic. The only
             | info I have is the blog post they shared.
             | 
             | Elasticsearch is a name of an open source project. Why is
             | calling something "Amazon Elasticsearch Service" a
             | trademark issue? It's not Amazon's fault they called their
             | company after the name of an open source software (the OSS
             | came first btw). Also, IMHO calling it "Amazon
             | Elasticsearch Service" is fair since it represents exactly
             | what it is. Would it better if they instead took the code,
             | made some closed modifications and then released a service
             | around it with a new name? My thought is no.
        
         | acatton wrote:
         | > Elastic could have released ES as closed source, but they
         | didn't, and the OSS ecosystem is better for it.
         | 
         | A relevant question is "would they have been that successful if
         | Elastic were 'just another closed source enterprise product'."
         | 
         | Elastic was successful because a lot of companies tried it out
         | for free and then purchased licenses, or because hobbiysts used
         | it on their personal project and then pushed for it at work.
        
           | ardy42 wrote:
           | > A relevant question is "would they have been that
           | successful if Elastic were 'just another closed source
           | enterprise product'."
           | 
           | > Elastic was successful because a lot of companies tried it
           | out for free and then purchased licenses, or because
           | hobbiysts used it on their personal project and then pushed
           | for it at work.
           | 
           | That model is not actually incompatible with closed source.
           | You can always distribute binaries with a liberal usage
           | license. And if your model is selling support, that might
           | actually be helpful, since it's even less practical for a 2nd
           | or 3rd party to support software when they don't have access
           | to the source code, so you'd sell more support contracts
           | 
           | I think Amazon's behavior may end up just harming open
           | source, by punishing the idealism that leads companies to try
           | to make commercialized open source business models work.
        
             | vinay_ys wrote:
             | You would be surprised how many third party companies
             | support closed source software product of another company.
             | This is very common in enterprise world. It is also a
             | common way for a vendor to get their foot into an
             | enterprise entrenched with a competitor's product.
        
               | ardy42 wrote:
               | > You would be surprised how many third party companies
               | support closed source software product of another
               | company. This is very common in enterprise world. It is
               | also a common way for a vendor to get their foot into an
               | enterprise entrenched with a competitor's product.
               | 
               | I'm aware of that, and have even worked with such
               | companies. However, IMHO it's way harder (and less
               | effective) than supporting an open source product. For
               | instance, it's way harder for a 2nd or 3rd party to
               | diagnose and patch a bug if they don't have the source.
        
         | Lazare wrote:
         | > No matter how you slice it, I think Amazon is bad for us end-
         | users, and Elastic is good.
         | 
         | I don't think that's clear. I (and the team I work with) use
         | AWS, like so many of us do. (And the ones who don't very likely
         | use Azure or GCP.)
         | 
         | Why do we give money to AWS (and their kin) every month? I'd
         | submit it's because we're getting value from it. If AWS was
         | _actually_ bad for end users then we, as end users, would walk
         | away.
         | 
         | If you were right, and AWS was bad and Elastic is good, this
         | would be an easy problem. But actually, they're both good. The
         | issue is people who paid AWS to host ES instead of Elastic, and
         | you know who those people are? Us. And with reason!
        
       | z77dj3kl wrote:
       | "And to be clear, this change most likely has zero effect on you,
       | our users. It has no effect on our customers that engage with us
       | either in cloud or on premises."
       | 
       | No, that's just not true. So many users, from small hobby side-
       | projects, to large open source projects, and mega-corps care
       | about the licensing of dependencies, each for their own reason,
       | and will not want to build on top of proprietary software that
       | imposes draconian licensing terms.
       | 
       | It doesn't matter what they say, read the license. It's vague and
       | there is no legal precedent. It's a big risk for anyone who cares
       | about licensing issues for their projects.
        
         | api wrote:
         | The open source world needs to come together and create a
         | license that is well crafted. Otherwise we will keep seeing
         | these less suitable licenses.
         | 
         | So far the FOSS world seems to be pretending this problem
         | doesn't exist. Pretending a problem doesn't exist doesn't make
         | the problem go away. It makes you go away as you become
         | irrelevant.
         | 
         | There is the AGPL, but it's not quite right. It also has the
         | letters G-P-L in it, which spooks a ton of people still
         | influenced by Microsoft's billion dollars worth of anti-GPL
         | FUD. (I'm convinced you could just rename the GPL and all those
         | problems would go away.)
        
           | dragonwriter wrote:
           | > The open source world needs to come together and create a
           | license that is well crafted.
           | 
           | It has created several.
           | 
           | It hasn't created licenses well-crafted for purposes directly
           | contrary to the purpose of having open source software,
           | because that's not what the open source community is
           | interested in.
           | 
           | > So far the FOSS world seems to be pretending this problem
           | doesn't exist.
           | 
           | From the point of view of the FOSS world, the issue here is
           | not a problem; creators having an exclusive ability to
           | monetize software as a service isn't a purpose open source is
           | intended to serve; in fact, avoiding the lock-in that results
           | from such exclusivity is a big part of the point.
        
             | api wrote:
             | > From the point of view of the FOSS world, the issue here
             | is not a problem; creators having an exclusive ability to
             | monetize software as a service isn't a purpose open source
             | is intended to serve; in fact, avoiding the lock-in that
             | results from such exclusivity is a big part of the point.
             | 
             | If the creators get nothing, then why bother? Why slave
             | away to make software just to give free labor to billion
             | dollar companies while you get nothing? Is free labor for
             | Amazon what open source is about?
             | 
             | If open source refuses to adapt to the realities of today's
             | software ecosystem, it will die out... or at least
             | "serious" open source projects will die out and all that
             | will remain is hobbyist level stuff, abandonware, and half-
             | done academic projects.
             | 
             | Personally I do think FOSS in its present form is going to
             | die _for most major projects_. You 'll still see FOSS
             | libraries, building blocks, academic projects, and some
             | major projects that really are large and old enough to have
             | enough real grassroots contributors to keep them going. For
             | major projects in the future you're going to have something
             | more like a shareware model but with source-available.
             | 
             | Nobody creating a new large-scale project today is going to
             | give it a license that they know will result in somebody
             | else productizing it, making a fortune, and giving them
             | nothing. At least Amazon acknowledges where things came
             | from... in some cases the productizers even rename the
             | project and don't even give the author _credit_.
             | 
             | FOSS and its gift culture ethos just isn't working in
             | today's world. The software market of today is a dark
             | forest.
        
               | dragonwriter wrote:
               | > FOSS and its gift culture ethos just isn't working in
               | today's world.
               | 
               | It absolutely is working the same way it always has (to
               | which "gift culture" matters only around the edges). It
               | doesn't work for people who want to start a business with
               | a business model of using copyright law to extract
               | monopoly rents, but then, it never has, and that's always
               | been the point.
               | 
               | And, yes, it's not, for that reason, a good fit for
               | narrow software entrepreneurship, but that's always been
               | the domain of proprietary software.
               | 
               | What's new is startups building on OSS to build mind
               | share, and then trying to shift to rent extraction while
               | wanting to pretend to still be interested in OSS.
        
               | api wrote:
               | I don't think I totally disagree, but here's the problem:
               | if OSS is not a good fit for software entrepreneurship,
               | then it puts a really severe cap on how advanced,
               | polished, easy to use, or well supported OSS can be,
               | because pushing really hard on software development and
               | implementing tens of thousands of hours of fine-grained
               | polish is far beyond what the vast majority of people can
               | afford to (or are willing to) volunteer for free.
               | 
               | It places really polished products beyond the realm of
               | OSS. If you're fine with that, then there's no problem.
               | Perhaps OSS has achieved its goal, namely creating a free
               | and open software ecosystem for nerds and by nerds.
               | 
               | I can't think of a single OSS project used (directly) by
               | a large number of the general public that does not have a
               | company behind it. I think that says something.
        
               | dragonwriter wrote:
               | > if OSS is not a good fit for software entrepreneurship,
               | then it puts a really severe cap on how advanced,
               | polished, easy to use, or well supported OSS can be,
               | because pushing really hard on software development and
               | implementing tens of thousands of hours of fine-grained
               | polish is far beyond what the vast majority of people can
               | afford to (or are willing to) volunteer for free.
               | 
               | Even if they start out as labors of love, OSS that gets
               | beyond the niche stage tends not to have most work done
               | "for free", it's done (or paid for) by people/firms who
               | are using the software in their business, but where the
               | software is supporting, not the thing being sold.
               | (Whether the OSS is infrastructure that is invisible to
               | customers, or whether what is being sold is support and
               | professional services tied to the OSS software.)
        
               | api wrote:
               | Very few OSS projects get popular enough and are
               | structurally amenable to that kind of group contribution
               | scenario. Of those that are, in most cases it results in
               | an unusable hodge podge of crap rather than a well
               | crafted product.
        
               | dragonwriter wrote:
               | > Very few OSS projects get popular enough and are
               | structurally amenable to that kind of group contribution
               | scenario.
               | 
               | Yes, very few open source projects ever move out of the
               | fringes of relevance. That's always been true. The idea
               | that there has been some radical change making OSS less
               | relevant is just false; what has happened is that OSS has
               | gotten enough mindshare that people who want to use
               | business models that OSS has never been a good fit want
               | to use OSS as an early marketing gimmick, and then pivot
               | out of it without paying a price for not being OSS. And
               | are upset that people who do care about OSS are calling
               | them on their B.S. when they try it.
        
               | api wrote:
               | I think we have a very different view about the goals of
               | OSS then, and I think your idea of its goals is narrower.
               | 
               | I wish all software could be at least source-available
               | and preferably available under even more liberal terms if
               | that could be made to work. That way we could see how
               | things work, learn from things, debug with the benefit of
               | source, port things to different platforms or fix
               | platform problems without waiting for the vendor,
               | contribute if for no other reason than experience, and
               | preserve software after vendors go belly-up without
               | having to resort to emulating old platforms whole cloth.
               | 
               | I also wish there was mainstream adoption of open
               | software for privacy and security reasons. I wish people
               | could use operating systems, web browsers, messengers,
               | and so on whose source could be audited so people could
               | understand privacy implications.
               | 
               | That would all give us more freedom and more
               | transparency, but it also requires a business model to
               | sustain those kinds of projects. As it stands nobody
               | outside geekdom uses open source software because there
               | is no business model to sustain OSS with the degree of
               | polish demanded by end users.
        
         | hodgesrm wrote:
         | > It doesn't matter what they say, read the license.
         | 
         | I would love to but the terms within the ElasticSearch codebase
         | on Github are quite confusing. Here's the text of the
         | LICENCE.TXT file.                 Source code in this
         | repository is covered by one of three licenses: (i) the
         | Apache License 2.0 (ii) an Apache License 2.0 compatible
         | license (iii) the       Elastic License. The default license
         | throughout the repository is Apache License       2.0 unless
         | the header specifies another license. Elastic Licensed code is
         | found       only in the x-pack directory.            The build
         | produces two sets of binaries - one set that falls under the
         | Elastic       License and another set that falls under Apache
         | License 2.0. The binaries that       contain `-oss` in the
         | artifact name are licensed under Apache License 2.0 and
         | these binaries do not package any code from the x-pack
         | directory.
         | 
         | Aside from not showing copies of the applicable licenses, it
         | seems you have to read the code headers to determine which
         | source file has which license. There are a lot of ways to
         | respond to competitive threats from Amazon, but this approach
         | is increasingly chaotic the closer you look.
         | 
         | [1]
         | https://github.com/elastic/elasticsearch/blob/master/LICENSE...
        
           | pas wrote:
           | Does this even work? ES was considered 'one work' at some
           | point, right? It's developed together, not file-by-file. How
           | is it possible then to license it file-by-file? Wouldn't most
           | of those files be derivative works of the old 'one work'
           | anyway? (Meaning they have to keep the original license,
           | meaning "the default license, Apache License 2.0"?)
           | 
           | Sure, at some point someone started to create a plugin for ES
           | (let's say the security/ACL thing in x-pack, used to be
           | called Shield or something like that), they used the ES API
           | and they used runtime linking. (I have no idea if that's okay
           | or not, has been tested in court or not. I know the US
           | Supreme Court will say something about that in June.) But
           | when developing any feature in that plugin nobody thinks of
           | just that plugin. Folks think about ES as a whole, indexes,
           | shards, documents, terms, maybe even in terms of low-level
           | Lucene primitives.
           | 
           | I think it's practically impossible to wear the OSS and the
           | proprietary hat at the same time. (Or separately but on the
           | same project.)
        
             | jblwps wrote:
             | If ES is the sole copyright holder, they can license it to
             | whomever they wish under whatever license they wish. IANAL,
             | but it seems perfectly coherent to me that they can say "If
             | you build the software this way, we release it to you under
             | X license. If you build it that way, we release it under Y
             | license."
        
           | nitrogen wrote:
           | It sounds like everything outside of the x-pack directory is
           | Apache or compatible with Apache, so the -oss binaries are
           | Apache
        
           | studius wrote:
           | Open-source and free software licenses don't imply that the
           | source must remain served on some site, and it doesn't imply
           | that the license for the code cannot change for future
           | versions of that code _necessarily_ - as it depends on the
           | license and/or other factors.
           | 
           | But if you have a copy of the license and the code and it
           | permitted use of it perpetually, then it can continue to be
           | used. That's my understanding.
        
           | xeraa wrote:
           | The license change to the dual-license with SSPL and Elastic
           | License hasn't happened -- this is the state so far and all
           | the code outside the `x-pack` folder is Apache v2 licensed.
           | 
           | Going forward the repository will have a dual-license and the
           | top image on https://www.elastic.co/pricing/faq/licensing can
           | hopefully explain that better.
           | 
           | [Disclaimer: I work for Elastic]
        
         | signal11 wrote:
         | If you're a paying customer, you are probably fine.
         | 
         | If you're using SSPL'd Elastic (or Mongo DB, the risks are the
         | same) for anything serious -- i.e. beyond a hobby, get legal
         | advice ASAP.
         | 
         | SSPL isn't an OSI certified license; many would call it at best
         | a 'shared source' license because of the riders attached.
         | 
         | [DELETED because, as user `gpm` points out, OSI doesn't own
         | 'open source' as a trademark, sorry about that -- the need for
         | legal advice doesn't go away, however.] In fact given their
         | kvetching about Amazon and their trademark, Elastic's
         | cheerleading of open source in this and the original blog post
         | seems to be a bit misleading and doing OSI's trademark a
         | disservice.[/DELETED]
        
           | gpm wrote:
           | OSI does not have a trademark on the term open source, they
           | tried and failed to acquire one.
        
             | ddevault wrote:
             | Trademarks are not a requirement for defining terminology.
             | The word "cake" is not trademarked, but if I sell you a
             | used car tire when you buy a "cake" from me, I still lied
             | and misled you about the product.
        
             | prepend wrote:
             | I think they need one.
             | 
             | Comically, this is why trademarks exist to prevent people
             | from confusing the market with similar and reused terms.
             | 
             | I think we need a CreativeCommons-like trademark for open
             | source software before it's too late.
        
               | signal11 wrote:
               | I think "OSI Approved Open Source License" could easily
               | be an OSI trademark, if it's not already.
               | 
               | Ironicallly, like many other organizations, Elastic
               | themselves have used OSI's approval as a benchmark for
               | 'open source'[1]:
               | 
               | > Is X-Pack now open source?
               | 
               | > Updated on 2018-04-24 with a link to the Elastic
               | License
               | 
               | > Open source licensing maintains a strict definition
               | from the Open Source Initiative (OSI).
               | 
               | > As of 6.3, the X-Pack code is open under the Elastic
               | License. However, it will not be 'open source' as it will
               | not be covered by an OSI approved license. The
               | interaction model for open X-Pack will be identical to
               | the open source Elastic Stack, including the ability to
               | inspect code, create issues and open pull requests via
               | our existing GitHub repositories.
               | 
               | [1] https://www.elastic.co/what-is/open-x-pack
        
               | gpm wrote:
               | > I think "OSI Approved Open Source License" could easily
               | be an OSI trademark, if it's not already.
               | 
               | Something along those lines is trademarked
        
               | un_ess wrote:
               | https://opensource.org/trademark-guidelines lists OSI's
               | policy for trademark usage.
               | 
               | 3. Usage that Require Prior Written Approval 3.1.
               | Distributing software under a license approved by OSI
               | ("OSI Approved License")
        
               | colechristensen wrote:
               | I think there are valid differences in opinion in what
               | "open source" means and an organization with an agenda
               | shouldn't try to own the terminology.
        
               | MaxBarraclough wrote:
               | > I think there are valid differences in opinion in what
               | "open source" means
               | 
               | Disagree. It's a well standardised term of art: it means
               | what the OSI define it to mean. It's pretty precise, and
               | is not a meaningless marketing term like _premium_.
               | Similarly _free software_ (and especially _Free Software_
               | ) means what the FSF defines it to mean.
               | 
               | When people start using these terms to mean whatever they
               | feel like it should mean, it muddies the waters for those
               | of us trying to have serious discussions about these
               | topics. Tellingly, such redefinitions are generally
               | broader than the accepted OSI definition, so as to
               | include whatever product someone is trying to push.
        
               | gpm wrote:
               | > Tellingly, such redefinitions are generally broader
               | than the accepted OSI definition, so as to include
               | whatever product someone is trying to push.
               | 
               | I disagree. In fact I'll present the counter example of
               | "myself". I don't agree with the OSIs definition of open
               | source, I think it run contrary to the plain meaning of
               | the term, and is contrary to pre-OSI use of the term.
               | I've argued that numerous times on this forum (and I'm
               | going to avoid repeating these arguments in depth here,
               | just google "gpm Open Source
               | site:news.ycombinator.com"/"gpm Open Source
               | site:lobste.rs" and you will be able to find the
               | arguments).
               | 
               | I have never pushed a product claiming to be open source
               | that does not meet the OSIs definition, nor do I
               | anticipate I ever will, since that seems to be a great
               | way to make discussions about the product devolve into
               | arguments about licensing, which is terrible advertising.
               | 
               | The fact that these arguments usually only come up when
               | there is a reason to argue, i.e. someone has used the
               | term in a way outside of the OSIs definition, does not
               | mean that people only think the right definition of the
               | term is something else when it's for their own benefit.
        
               | xyzzy_plugh wrote:
               | Frankly I don't get why OSI proponents are so angry about
               | the use of the term Open Source, when they can just
               | unambiguously use "OSI Approved License" instead.
               | 
               | It's borderline gatekeeping and it irks me to no end.
        
               | MaxBarraclough wrote:
               | > It's borderline gatekeeping
               | 
               | No, it's a term-of-art. When people muddy the waters and
               | try to undermine the standard terminology of a field,
               | it's not some righteous struggle to liberate a term, it's
               | just an obstacle to clear communication.
               | 
               | In aviation, _flap_ is a precise term-of-art, and is
               | never used interchangeably with _aileron_ , despite that
               | an aileron is plainly a kind of flap (in the colloquial
               | sense). If you adopt your own definition of _flap_ , to
               | refer to both flaps and ailerons, no-one is going to sue
               | you, but no-one is going to know what you're talking
               | about. Your use of the term will be considered not merely
               | different, but wrong.
               | 
               | Similarly, you could try telling a physicist that you
               | consider the words _power_ and _force_ to be
               | interchangeable. They 're not going to sue you, but
               | they're also not likely to entertain your deliberate
               | misuse of standard terms.
               | 
               | Are pilots and physicists gatekeeping by being so
               | insistent that you use their terms their way?
        
               | MaxBarraclough wrote:
               | I don't think we really _need_ that. The current solution
               | works relatively well: anyone using _open source_ in a
               | sense other than that described by the OSI, is reliably
               | met with a hailstorm of criticism on HackerNews for being
               | disingenuous. That 's as it should be. It's a term of art
               | in the software world, and we don't insist on legal
               | enforcement of every term of art.
               | 
               | I tend to capitalise the term, _Open Source_ , to
               | emphasise that I'm using it an a precise way. I do the
               | same with _Free Software_. Not ironclad, but I figure it
               | probably helps.
               | 
               | With all of that said, I don't think anyone should be
               | permitted to deliberately mislead people when they're
               | pushing a product. It's obviously right that false
               | advertising is forbidden by law.
        
               | prepend wrote:
               | That's what I used to think, but now more companies use
               | "open" with non-OSI licenses and they aren't run out of
               | town and told STFU.
               | 
               | Personally, any project using "open" in the name that's
               | not OSI, I pretty much ignore. But it seems to be growing
               | (eg, "open core", "openai", stuff like this taking about
               | open with non-open licenses).
               | 
               | It's getting hard to filter out. One of the benefits I
               | think to CCn is that it clearly lets users know what is
               | and is not allowed. Having OSIn might help with people
               | who don't read licenses for fun.
        
               | MaxBarraclough wrote:
               | OpenAI is a good example, see this comment from
               | yesterday: https://news.ycombinator.com/item?id=25820080
        
           | pas wrote:
           | It's especially ... ironic, that they think Amazonification
           | is not-ok, but Enterprizificaion (open core) is a-ok.
           | 
           | That said hosting ES is basically the same as building a
           | carwash, or a gas station, or let's say a printing house. You
           | get the machinery and build your own support services around
           | it.
           | 
           | Even the unit economics are not that different. AWS spent
           | probably millions of dollars to push the marginal price down.
           | The initial cost of procurement for machinery might be zero
           | for ES as opposed to buying a printing press, but none of the
           | aforementioned sectors are limited by the cost of machinery.
           | In case of brick and mortar services the cost of land, labor,
           | construction, and logistics are all a lot more important.
           | 
           | Yes, okay, but what about AWS's advantage, their "moat"?
           | Elastic will never be able to match that. This is the same
           | problem that plagues the browser, phone OS (and other)
           | markets. Google can easily spend a billion USD each year on
           | fiddling with Chrome and Android. Mozilla, Canonical, KDE,
           | and others can't.
           | 
           | AWS has the platform advantage, Google has money.
           | 
           | It seems these market forces virtually force ES to become a
           | "public good" like the Linux kernel. (Or Elastic could try to
           | fork it and stop using any kind of free/open/available
           | license. And try to find business niches.)
           | 
           | But at this point the cat is out of the bag. Likely no amount
           | of license engineering will be sufficient to overcome AWS'
           | advantage.
        
             | jacobr1 wrote:
             | The cloud providers would just build a competing service if
             | they couldn't co-opt an existing popular open source
             | solution. Or anoint an adjacent solution, like solr in the
             | case of elasticsearch. But what can be done and we really
             | haven't seen a "open-core" type infra component try this
             | yet: is require open-sourcing changes. The opendistro
             | approach sorta gets us there, in a hard-fork sense, but
             | seems in adequate and is really only being done for
             | connivence rather than licensing requirements. But we
             | already have a licensing solution: the AGPL. But no
             | enterprise or saas startup wants to touch AGPL software for
             | the fear of it contaminating proprietary code. So it seems
             | to me the solution is a hybrid APGL for cloud providers and
             | apache/mit for others approach. Such a license seems
             | feasible to write and would be superior to open-core for
             | most users.
        
               | pas wrote:
               | ... a bit theoretical, but how is the GPLv3 with the
               | anti-Tivo provision okay?
               | 
               | OSI definition 10: License must not restrict interface,
               | and def. 9. License must not restrict other software it
               | gets distributed with. (So I can't put my encrypted
               | bootloader and verifier into the same thing.)
        
           | delfinom wrote:
           | "OSI certified" doesn't mean shit regardless in a legal
           | manner. It's just toilet paper. Always have your own legal
           | review by IP lawyers.
        
         | jameshilliard wrote:
         | Yep, it's also incompatible with virtually all copyleft open
         | source licenses. So if you were using any AGPLv3 code with
         | elastic you now have to switch to Amazon's fork.
        
           | alisonkisk wrote:
           | Is incompatible with non-Affero GPL?
        
             | jameshilliard wrote:
             | Yes, it's incompatible, although you might be fine if you
             | aren't distributing it or running it as a service. SSPL
             | requires re-licensing of all code to the SSPL, GPL has
             | provisions that disallow re-licensing.
             | 
             | > the simple requirement that if you provide the product as
             | a service, you must also publicly release any modifications
             | as well as the source code of your management layers under
             | SSPL
             | 
             | This provision is effectively impossible for anyone to
             | comply with in practice. Calling this a "simple
             | requirement" is a barefaced lie.
        
               | pas wrote:
               | Especially that no independent party with any authority
               | (ie. a court) determined what's covered under "management
               | layers". If I use a custom kernel (that's optimized to
               | run the JVM and has filesystem and block storage
               | optimizations for ES), do I have to provide the source
               | for that? (It seems trivial that it's not "management",
               | but naturally Elastic's interest lies in arguing that
               | yes, that are covered under management layers too.)
        
           | Proven wrote:
           | "with" Elastic how?
           | 
           | I doubt that is true, in fact it seems like a completely
           | random FUD statement. At least GP tried to make heir FUD
           | ambiguous.
        
         | alex_young wrote:
         | This lack of clarity in law will likely result in huge issues
         | in the sale of your startup if you ever go that route. Who
         | wants to buy a potential lawsuit because of a database
         | selection?
        
           | alisonkisk wrote:
           | There are always "potential" lawsuits, and stripes already
           | use many many licensed dependencies with various proprietary
           | licenses.
        
             | alex_young wrote:
             | This is true, and there are entire categories of licenses
             | which are considered untouchable in an acquisition because
             | of the risk associated with them.
        
         | prepend wrote:
         | I find these kind of obscure, "don't worry" posts to increase
         | my worrying. Part of the simplicity of open source is that it's
         | available for easy audit. Having to hire lawyers to use a
         | product means I probably won't use it.
         | 
         | I also think having people saying "we're open, but read the
         | fine print" is not good for open source collaboration as it
         | increases confusion and complexity.
         | 
         | Elastic is moving the way of a commercial software company.
         | That's perfectly fine as it's their company, but it's just
         | different than open source.
        
           | colechristensen wrote:
           | Yup. If you, understanding your product, your users, and your
           | licensing, write a post for your users not to worry, it means
           | that you thought about your changes and came to a well
           | informed position that there was reason for worry.
        
             | greyhair wrote:
             | The Hitchhiker's Guide to the Galaxy starts out with "Don't
             | Worry". By the end of the sixth book in the trilogy find it
             | was right to worry all along.
        
             | dragonwriter wrote:
             | Well, you try to make it sound unlikely, but it's exactly
             | like corporate messaging that there are no plans for
             | layoffs in the wake of bad financial news.
             | 
             | The idea that a license change made to prevent competition
             | and enable a business model centered around extracting
             | monopoly rents from customers has no effect on customers is
             | ludicrous. It's whole point is to have an adverse effect on
             | customers.
        
             | dvfjsdhgfv wrote:
             | Or you might have a history of people being mad at you (for
             | good reasons, like the story of security of the ELK stack).
             | They know very well everybody will get mad again, so they
             | precede all explanations by "don't worry".
        
         | dvfjsdhgfv wrote:
         | So what would be your advice for them in this situation? They
         | are developing a product for Amazon for free, Amazon is making
         | tons of money on it and they don't receive anything back.
        
         | luisfmh wrote:
         | So what should we be using instead of elasticsearch for logs?
         | To mitigate that licensing risk?
        
           | mjburgess wrote:
           | https://www.amazon.com/s?k=Seagate+BarraCuda&ref=nb_sb_noss_.
           | ..
           | 
           | &
           | 
           | grep ( with parallel )
           | 
           | ...if it matches your use case, you'll find it trivially
           | outperforms elasticsearch.
        
             | dvfjsdhgfv wrote:
             | Search speed is not the most important aspect at play here.
        
           | hodgesrm wrote:
           | ClickHouse. It's Apache 2.0 and will stay that way.
           | 
           | Edit to add disclaimer: I work on ClickHouse.
        
           | pritambaral wrote:
           | Using an AGPL-licensed fork does not suffer from this risk.
        
           | corford wrote:
           | We're using Grafana and Loki to great effect.
        
           | technics256 wrote:
           | Loki and grafana are great, use it on all my clients eks
           | clusters.
        
         | franciscop wrote:
         | The problem of the known open source licenses (vs this no-
         | precedent one) is that they were made long time ago for other
         | situations and they do a poor job at protecting open source
         | authors from the abuse that we see from Amazon and similar.
        
           | acatton wrote:
           | I'm confused by the "abuse" part. If I think the author of
           | the GPLed project "foobar" is a jerk, and I fork it and
           | maintain it without colaborating with foobar's original
           | author, am I "abusing" the GPL?
           | 
           | Personally, I don't think so, and I think I should have the
           | right to do so. I wonder how this is different from Amazon
           | behavior here. (I want to make clear that I'm not saying Shay
           | or anybody at elastic is anything. This is for the sake of
           | the example.)
           | 
           | Now foobar's author can stop me from using his project name
           | by registering a trademark on it. But the GPL is working as
           | intented.
           | 
           | At the end, "maintaning" a fork of Elastic is wasted
           | engineering effort and time, it would be better to
           | collaborate. But I personally think Elastic should just
           | ignore Amazon and keep doing what their doing, instead of
           | making their product proprietary.
        
             | franciscop wrote:
             | I never said forking is abusing. But if you fork it,
             | position it as an official product with the same name on
             | your platform and lie on twitter saying that your foobar
             | was a collaboration with the original foobar author then
             | yes, you are definitely abusing your power.
             | 
             | On the other point: "the GPL is working as intented" yes
             | but not as the authors want, hence the change of license!
             | Nothing wrong with that IMHO.
        
               | acatton wrote:
               | As I said, foobar's author can sue me over trademarks in
               | the situation you've described.
        
       | sireat wrote:
       | Elastic has the same problem that MongoDB has with Amazon: Amazon
       | is commoditizing their product on a massive scale.
       | 
       | "Smart companies try to commoditize their products' complements."
       | 
       | https://www.joelonsoftware.com/2002/06/12/strategy-letter-v/
       | 
       | Not sure what other alternatives are there besides changing
       | licensing.
        
         | Seb-C wrote:
         | Given that aws just built DocumentDB, I am not sure if the
         | licensing changing anything. I would even say that this choice
         | actually hurts MongoDB because I am less likely to choose it
         | since they have less practical hosting solutions.
        
       | mrsuprawsm wrote:
       | I recently ran a project to compare AWS Elasticsearch and
       | Elastic-hosted ES.
       | 
       | Surprisingly, we found that AWS did better for our use-case.
       | Better IaC - easy to set up clusters with Terraform, and
       | associated alerts. Better monitoring and easier setup. Better
       | price/performance. AWS is obviously lower friction from a
       | purchasing point too once you're already an AWS user.
       | 
       | This makes me curious if Elastic are shooting themselves in the
       | foot a bit here.
        
         | mintplant wrote:
         | Why would they be shooting themselves in the foot? From their
         | perspective, Elastic doesn't get anything out of your going
         | with the AWS offering, and Amazon's behemoth-level resources
         | allow it to outcompete Elastic's own hosted offering, as you
         | found, while contributing nothing back to cover development
         | costs of the software itself.
        
         | donretag wrote:
         | I have been using Elasticsearch for over ten years and have
         | seen a few of the hosted versions. For many years, AWS was
         | running way behind. A few major versions behind, almost no
         | options. No one used it. The ES version was not great, but it
         | was way better than the AWS version.
         | 
         | Fast forward to 2021 and the AWS version is as seamless as most
         | of their offerings. Works with the VPC, backing stores. You can
         | set it up with CloudFormation/CDK. ES has stagnated.
        
       | qalmakka wrote:
       | I don't understand why companies obstinately keep adopting the
       | SSPL when it's obvious it makes no legal sense and it is
       | unenforceable. The only reason why nobody has shut it down in
       | court yet is because the companies they are complaining about
       | have plenty of resources to maintain their own forks. By adopting
       | the SSPL they are just pushing corporate developers away and
       | weakening their offering.
        
       | samblr wrote:
       | What gets often never discussed in these debates is below :
       | 
       | The sheer inability of OSI to provide a new-age license that can
       | counter AWS.
       | 
       | Can anybody knowledgeable shed some light on this topic ? Like
       | what OSI license can counter AWS & if there are none why aren't
       | OSI doing anything.
        
       | LukeEF wrote:
       | AWS have recently invested in DevRel and open-source evangelist
       | type employees (to be found on twitter much of the time). I
       | assume they understand better than anybody that the dev and
       | startup dollar is enormous and crucial to their future success.
       | This type of thing - and their past willingness to leach off
       | open-source - has to have a marketing and sales impact - at least
       | at the 'startup' top of the funnel. Is it sufficient to push AWS
       | to change direction? Would be good to see a RocksDB, Cassandra or
       | the likes emerge from AWS.
        
       | phendrenad2 wrote:
       | Switching to SSPL feels more like retribution than a fix for the
       | problem. But sadly nothing can be done if Amazon is willing to
       | flagrantly steal your trademark.
       | 
       | At least switching to SSPL might bubble the related trademark
       | issue up to a higher-paid set of lawyers within the Amazon
       | monstrosity, and maybe it'll get resolved.
        
       | lawwantsin17 wrote:
       | Go get em!
        
       | JCM9 wrote:
       | Elastic's arguments are problematic considering the history of
       | the codebase.
       | 
       | They didn't invent "elasticsearch" from scratch, rather they took
       | someone else's codebase (Lucene) and made it better.
       | Fundamentally that's what AWS did too... they took open source
       | code and improved on it to offer a very popular managed service.
       | Elastic seems annoyed that AWS has executed better on the managed
       | service front but aren't offering up strong reasons for this
       | being "NOT OK". Elastic was happy to use code and concepts from
       | others to build their product but seem annoyed when others did
       | the same to them. I don't get it.
       | 
       | The brand name thing might have more weight but it will come down
       | to if they were truly enforcing the name the whole time they
       | owned it or are just annoyed with AWS. If the name fell into
       | common use they they likely won't have much luck protecting it.
        
         | Yeroc wrote:
         | Lucene is a pretty low-level search library. It has no concept
         | of clustering etc. etc. What ElasticSearch built on top is far
         | from trivial. Furthermore, ElasticSearch pays a number of
         | people to contribute back to the Lucene project.
         | 
         | As far as I know AWS hasn't contributed any code of note back
         | to ElasticSearch or Lucene.
        
         | nrmitchi wrote:
         | I'm really starting to dislike this notion of "Oh well Elastic
         | deserves this since they build on an open source project,
         | Lucene!"
         | 
         | There are two main differences here.
         | 
         | 1. The scope of the change. My understanding is that
         | Elasticsearch may use Lucene under the hood, but extends it in
         | ways and for use cases that _Lucene was not designed for_. The
         | same can not be said about AWS taking Elasticsearch and running
         | it as a drop-in replacement.
         | 
         | 2. Perhaps most importantly, Elasticsearch didn't build on top
         | of Lucene, and then _decide to call itself Lucene_. If you
         | think there is so little differentiation between the product
         | you built and the product you built _off of_ , that you are
         | better off highjacking the name, then I question if you made
         | any meaningful differences.
        
       | josho wrote:
       | This is fine.
       | 
       | No seriously. Hear me out.
       | 
       | If you are a proponent of capitalism then this is how the system
       | works.
       | 
       | The little fish grow into big fish. The big fish eat the little
       | fish. The ecosystem suffers.
       | 
       | It has always been this way. Many of us remember Microsoft in the
       | nineties. Fewer will remember the phone or oil industry doing the
       | same.
       | 
       | Don't fight this issue. Fight the system that tolerates this
       | pattern. Money in politics, high cost of litigation are both the
       | real concerns.
        
         | indymike wrote:
         | Capitalism is simply an economic system defined by private
         | ownership of the means of production. I'm not sure you are
         | using capitalism correctly here.
        
           | josho wrote:
           | You are right. I think it's that we allow companies to become
           | dominant in their industry and abuse their market position. I
           | incorrectly called out capitalism when it's really
           | unregulated markets combined with a legal system that makes
           | it possible for large companies to avoid consequences, or at
           | least defer consequences until they've wiped out their
           | competition that the consequence is merely a minor fine.
        
         | adamcstephens wrote:
         | Your examples from the past were all knocked down (MS) or
         | broken apart to keep the market available to competitors. Are
         | you saying we should do this or just get money out of politics?
        
           | josho wrote:
           | MSFT was broken apart. The DOJ trial only began after a
           | decade of microsoft abusing their market position and
           | destroying numerous companies.
           | 
           | I'm saying large industry has undue influence over the
           | regulators and so action only comes when companies like
           | Elastic have gone bankrupt.
        
         | whitepaint wrote:
         | There are no better alternatives.
         | 
         | And about the ElasticSearch, they should have just used a
         | different license.
        
           | josho wrote:
           | Reflecting on this more I think capitalism is the wrong word.
           | Completely unregulated markets is what is really the issue.
           | It leads to the incumbents extracting all the profit and then
           | using their monopoly position to extract rents for the next
           | few decades.
        
           | jrochkind1 wrote:
           | Would ElasticSearch have gotten as popular as it has if they
           | had used a non-opensource license from the start?
        
           | spinningslate wrote:
           | > There are no better alternatives.
           | 
           | That's a strong claim - evidence?
           | 
           | > And about the ElasticSearch, they should have just used a
           | different license.
           | 
           | Hindsight and all that. Not saying I fully agree with
           | Elastic's approach, especially the license uncertainly it
           | creates as noted elsewhere in the thread. But Amazon seems to
           | have gone beyond "hey, this open source, nothing to stop us
           | offering it" here. From The CTO's suggestion Elastic was a
           | partner, to questionable trademark infringement, to potential
           | copying of closed source code. If you read the article, it's
           | notable that Elasticsearch continue to have working
           | relationships with Azure and Google among others.
           | 
           | So there's more to this than just "should've used a different
           | license".
        
       | sn_master wrote:
       | Does Microsoft charge for using the Windows trademark for Cloud
       | providers, or does it charge only for the software license? If
       | they only charge for the software, then how is this situation any
       | different?
        
       | longhairedhippy wrote:
       | Could this potentially drive users to the Amazon fork? If I'm a
       | business that may be impacted due to the licensing change, it
       | would seem my safest (legal) option would be to freeze on the
       | last version with a friendly license and then transition to the
       | Amazon fork, since it will probably stay under a more open
       | license. While maybe not the smartest technical decision, from a
       | business standpoint it seems like a reasonable insurance policy,
       | at least until someone else tests the waters in court.
       | 
       | Amazon doesn't have any interest in making their version closed
       | because they want the money from hosting. Even if the product
       | isn't that great, it's super easy if I'm already 100% in on AWS
       | anyway (not necessarily reality, but it is an easy conversation
       | to have and the service should be big enough to warrant
       | investment from AWS).
       | 
       | I applaud the stand they are taking and it will be interesting to
       | see how this plays out.
        
         | znpy wrote:
         | > Could this potentially drive users to the Amazon fork?
         | 
         | If they're dumb, yes.
         | 
         | As stated in their blog, changes apply pretty much only if
         | you're either embed or redistribute elasticsearch/kibana. And
         | these are two specific use-cases btw.
         | 
         | If you're already a customer, nothing changes.
        
           | paxys wrote:
           | Find me one lawyer who is going to be convinced by this blog
           | post. There is a blanket no for using SSPL software at every
           | company I know.
        
         | shawnz wrote:
         | Open Distro is not a fork but simply a repackaging of ES with
         | some additional modules.
         | 
         | However there doesn't seem to be many options left now but for
         | Open Distro to become a complete fork of ES.
        
         | c0l0 wrote:
         | The notion of Open Distro for ES being "a fork" is, in my
         | opinion and as of last I checked, overblown. Yes, they bundle a
         | bunch of freely licensed stuff to make up for features that
         | Elastic themselves have paywalled off (or sealed behind their
         | free-to-use, but non-libre, custom license where they don't
         | show/include sources either), but they rely on and effectively
         | install the (hitherto) Apache-licensed upstream release of
         | ElasticSearch, as published by Elastic.
         | 
         | Also, if you take a closer look at Open Distro, you will
         | quickly come to the conclusion that you really do not want to
         | deploy what drops out of there. The RPM package does CRAZY
         | stuff that made me exhale audibly enough for coworkers to
         | notice - like spawning a postinstall shellscript that `wget`s a
         | .so for/from an optional library that the Open Distro release
         | team put into an S3 bucket, and then `mv`ing that downloaded
         | file (iirc even without any content verification; so the
         | content could be your proxy's captive portal markup, for all
         | they know) into (again, iirc) /usr/lib. That is from _WITHIN AN
         | RPM PACKAGE_ , mind you, where you could and should really just
         | carry that file yourself.
         | 
         | That and other minor troubles with the tooling surrounding the
         | actual product (ES) made me abandon Open Distro fairly quickly.
         | Which is a shame, since a really freely licensed spin of ES
         | with "Enterprise" features would indeed be very nice to have.
        
           | ignoramous wrote:
           | You should consider opening an issue on their github [0]?
           | 
           | AWS, from what I know, takes security seriously, and given
           | they themselves use OpenDistro internally, this should become
           | a top priority for them.
           | 
           | [0] https://github.com/opendistro-for-
           | elasticsearch/opendistro-b...
        
             | kronin wrote:
             | Have you ever found confirmation that they use OpenDistro
             | internally? I've looked and have been unable to find such a
             | statement.
        
               | ignoramous wrote:
               | Though there's no confirmation I could find, there's an
               | indication that they may/are:
               | 
               |  _Let's take a quick look at the features that we are
               | including in Open Distro for Elasticsearch. Some of these
               | are currently available in Amazon Elasticsearch Service;
               | others will become available in future updates._
               | 
               | https://aws.amazon.com/blogs/aws/new-open-distro-for-
               | elastic...
        
             | ivlivs wrote:
             | Here's the issue for that. Fixed in July.
             | 
             | https://github.com/opendistro-for-
             | elasticsearch/opendistro-b...
        
           | ec109685 wrote:
           | How would the captive portal intercept s3 tls calls
           | successfully?
        
             | [deleted]
        
             | c0l0 wrote:
             | TLS in enterprise settings is commonly intercepted by
             | TLS/HTTPS proxies that create trusted (by the OS's local
             | trust store) certificates for proxied peers on the fly.
             | Banks often do this - the one I work for, for instance.
        
             | [deleted]
        
             | toyg wrote:
             | It doesn't have to, can just serve anything - if the client
             | code doesn't check certificates...
        
         | mintplant wrote:
         | > Could this potentially drive users to the Amazon fork?
         | 
         | Um, about that...
         | 
         | > When Amazon announced their Open Distro for Elasticsearch
         | fork, they used code that we believe was copied by a third
         | party from our commercial code and provided it as part of the
         | Open Distro project. We believe this further divided our
         | community and drove additional confusion.
        
           | minhazm wrote:
           | It's interesting that they phrased it like that. If they were
           | confident about this, they would easily be able to prove this
           | in court and it would be a very simple case of copyright
           | infringement right?
        
             | paxys wrote:
             | Yeah I'm not sure how much weight this holds, especially
             | considering one paragraph later they transition into
             | accusing Amazon of being "inspired" by their commercial
             | features.
        
               | FireBeyond wrote:
               | They have a lawsuit open against the third party. I would
               | presume that "inspired" is covering themselves from libel
               | until they have a judgment that this happened (assuming
               | it appears).
        
             | mintplant wrote:
             | They're currently suing the third party mentioned.
        
             | TheRealDunkirk wrote:
             | If IBM v. SCO taught us anything, it should have taught us
             | that "easily... prove" and "in court" do not belong in the
             | same sentence. The case SHOULD have been thrown out in 5
             | minutes due to lack of merit, which ANY programmer could
             | see. Instead, it took FOURTEEN YEARS to decide, and is
             | STILL working through appeals. Microsoft funded the
             | litigation, and the scumbag executives of SCO continued to
             | get paid through most of this charade. It all still makes
             | my blood boil.
        
       | neilsense wrote:
       | Why does this read like a child wrote it?
        
         | sn_master wrote:
         | I agree, I felt it was written very quickly without much
         | editing or review.
        
         | netdur wrote:
         | emotion / hurt
        
       | quotemstr wrote:
       | > We have differentiated with proprietary features, and now we
       | see these feature designs serving as "inspiration" for Amazon
       | 
       | The rest of Amazon's behavior aside, there's nothing wrong with
       | cloning a feature. Cloning features is in fact an essential part
       | of competition.
        
       | pabs3 wrote:
       | If Amazon violated their trademark and proprietary license, how
       | do they think they will be able to stop Amazon from violating the
       | new proprietary license?
        
       | CaptArmchair wrote:
       | I think I have grown a rather hard stance on this over the years:
       | putting an open source license on a product isn't a business
       | model. It's, by and large, a part of a larger business model.
       | 
       | A license is a choice. It means you choose to not gain revenue by
       | directly licensing the IP. Instead, you choose to put the code
       | out there without any further legal obligations on your part as
       | well as those who use that code.
       | 
       | It also means that you have to find alternate ways of making
       | revenue e.g. by providing consultancy, building services or
       | licensing the trademark (which is an entirely different ball game
       | from open sourcing the code!).
       | 
       | The trouble isn't that Amazon decided to use ElasticSearch in
       | their own offering. The trouble is that Amazon simply out-
       | competes ElasticSearch with their own product when it comes to
       | consultancy, services, etc.
       | 
       | To add insult to injury, Amazon made the mistake of leveraging
       | the ElasticSearch brand a few times too many in ways that just
       | rub the ElasticSearch people the wrong way.
       | 
       | Of course, the founders of ES could never predict how successful
       | their product would become after a decade. There are plenty of
       | open source products engineered by commercial companies that
       | never catch the eye of behemoths like Amazon.
        
         | rileymat2 wrote:
         | > The trouble isn't that Amazon decided to use ElasticSearch in
         | their own offering. The trouble is that Amazon simply out-
         | competes ElasticSearch with their own product when it comes to
         | consultancy, services, etc.
         | 
         | I kind of disagree here, the main reason it outcompetes is
         | based on the network of linked self serve services in the
         | ecosystem. We spend a ton of money on Amazon in general, and I
         | would not tout thier consultancy as being anything but ok if
         | not underwhelming.
        
         | StavrosK wrote:
         | > The trouble is that Amazon simply out-competes ElasticSearch
         | with their own product when it comes to consultancy, services,
         | etc.
         | 
         | I don't know if it out-competes them on those terms exactly,
         | rather than the advantage of "Well I'm already on AWS and they
         | offer an ES service so why not just use that".
        
           | ako wrote:
           | Correct. Customers are looking for a cloud platform to run
           | their apps, all the services are just features.
           | 
           | Elastic is a feature, event bus is a feature, database is a
           | feature, compute is a feature.
        
           | spinningslate wrote:
           | true - but that's exactly how it out-competes. It's a
           | repeating pattern. Setting up an agreement with a 3rd party
           | provider has friction. The bigger the client, the higher the
           | friction. If $BIGCO has an enterprise agreement with
           | $BIGCLOUD, then $SERVICE hosted on $BIGCLOUD is nearly always
           | going to win against $SERVICE's own commercial offering.
        
             | sammax wrote:
             | I wouldn't exactly call that "competition" though.
        
             | nicoburns wrote:
             | Right, but that's the sort of setup that's detrimental to
             | society and therefore we ought to consider regulating or
             | otherwise setting up an environment that is disadvantageous
             | to it.
        
               | julienb_sea wrote:
               | Why do enterprises make it difficult to add a new vendor?
               | Because they are careful with their data and legal
               | obligations. Regulatory and auditing obligations are no
               | joke and onboarding a new vendor is a nontrivial problem
               | to do in a compliant fashion. The only aspect of this
               | which is "detrimental to society" arguably is the legal
               | requirements, but even then you might argue its better
               | for a large organization to pay attention to other
               | companies' licenses instead of stepping on them.
        
               | spinningslate wrote:
               | spot on. The lesson for would-be companies formed around
               | open source is pretty stark: if your stuff is any good,
               | then assume the clould vendors will offer it. If they do,
               | it's going to be _really hard_ for you to compete with a
               | separate commercial offering.
               | 
               | Not only has the cloud vendor already gone through the
               | hoops of getting an enterprise agreement in place.
               | They're also big, and recognised, and know how to deal
               | with Procurement. And Risk. And Compliance. And Legal.
               | 
               | Not saying I like that situation. It does seem unjust
               | that the big guys can just cherry-pick good products and
               | monetise them without giving anything back. It offends my
               | sense of fairness. But that's commercial reality, at
               | least in today's markets.
        
               | vinay_ys wrote:
               | The whole reason I would choose an open-source tech
               | against closed source is so that I can go to whoever I
               | want for support and future enhancement, that I'm not
               | dependent on this tiny company for my business
               | continuity. Sometimes that tiny founding company may not
               | be the best to offer the kind of support and enhancements
               | I need.
               | 
               | A real personal example I experienced: at one time, the
               | founding team behind a project I happened to use at work
               | actually told me they didn't want to do the enhancement I
               | was asking for because my particular scale-out needs were
               | too niche and none of their other paying customers need
               | that and they didn't have the engineering bandwidth to
               | build my feature (the opportunity cost for them was too
               | high to abandon building features needed by their other
               | customers).
               | 
               | So I had to solve this scale-out problem by myself -
               | which was painful (we had high opportunity cost too).
               | 
               | In that situation, if my cloud vendor were to say they
               | would solve that problem for me as they would be willing
               | to invest whatever engineering bandwidth required to make
               | it happen, then I would go with them.
               | 
               | Now if that happens a few times, the cloud vendor's
               | service offering will be much superior to the original
               | project founding team's offering.
               | 
               | Over time, the cloud vendor's offering will also be
               | cheaper.
               | 
               | Of course the trick here is to be watchful of being
               | sucked into a lock-in by the cloud vendor. You will have
               | to insist that all of the features they are doing for you
               | are actually open-source and portable to another cloud.
               | Many companies define such requirements as part of their
               | procurement process and audit for it.
               | 
               | As more companies start to push for such guardrail
               | requirements to prevent cloud lock-in, the open-source
               | commercial support model may still have a chance - but
               | unfortunately that doesn't necessarily mean the project
               | founding company will do well.
        
               | ethbr0 wrote:
               | The key enabler here is IAM and data (at rest and
               | moving).
               | 
               | If we want to encourage free markets, the GDPR et al.
               | need to be very careful to disincentivize "traffic within
               | different parts of the same entity."
               | 
               | As is, _if_ my regulatory compliance is satisfied through
               | AWS 's data and IAM handling, then _if_ an Amazon-hosted
               | service better integrates with those components, it
               | strictly dominates competition.
               | 
               | That's a pretty unregulatable quality, and one easily
               | optimized by Amazon (for itself), and impossibly by
               | everyone else (on Amazon).
               | 
               | This weaponizes data protection regulation into a moat
               | around large everything-and-the-kitchen-sink I/PaaS
               | providers.
               | 
               | There needs to be balance between (a) protecting data &
               | (b) ensuring a competitive ecosystem with multiple viable
               | solutions.
        
               | nicoburns wrote:
               | The other way in which they are detrimental to society is
               | by taking revenue away from companies such as elastic
               | that are actually developing technology. In general there
               | is economic hazard with any large company. There are also
               | benefits and I don't think they should be eliminated
               | entirely. But I do think they should be curtailed and the
               | economy biased towards smaller companies.
        
               | the_reformation wrote:
               | How is increasing consumer choice and offering a cheaper
               | product detrimental to society? It's beneficial to
               | everybody besides Elastic's shareholders.
        
         | j3th9n wrote:
         | The problem here is that Amazon is infringing on copyright,
         | using the "Elasticsearch" trademark and lying about a
         | partnership in a tweet.
         | 
         | > A license is a choice. It means you choose to not gain
         | revenue by directly licensing the IP. Instead, you choose to
         | put the code out there without any further legal obligations on
         | your part as well as those who use that code.
         | 
         | Open source doesn't mean you can infringe on its copyright and
         | use trademarks everywhere you like.
         | 
         | > It also means that you have to find alternate ways of making
         | revenue e.g. by providing consultancy, building services or
         | licensing the trademark (which is an entirely different ball
         | game from open sourcing the code!).
         | 
         | You didn't read the whole article?: "I took a personal loan to
         | register the Elasticsearch trademark in 2011 believing in this
         | norm in the open source ecosystem."
        
           | spzb wrote:
           | You don't fix trademarks disputes by changing software
           | licenses. Elastic appear to have a sound argument on the
           | trademark front but to conflate that with changing the
           | license of their product is disingenuous.
        
             | ethbr0 wrote:
             | I read their argument as 'suing Amazon in the courts for
             | trademark infringement is an insufficiently expedient
             | remedy.'
             | 
             | It does OSS no good if Elastic prevails on merits the day
             | after they go out of business from lost revenue.
        
               | spzb wrote:
               | And what remedy do they have to a copyright license
               | infringement? The same glacial pace legal system.
        
               | chippiewill wrote:
               | The damages and ramifications for violating software
               | copyright are much clearer than the nuanced world of
               | trademark infringement.
               | 
               | The change in ElasticSearch license here is well
               | publicised. If AWS were to continue to incorporate new
               | changes to ElasticSearch it would be obvious they had
               | deliberately violated the terms of the license and it's
               | much easier to pursue a legal case.
        
           | rjmunro wrote:
           | Please don't confuse trademarks and Copyrights - they are
           | entirely separate things. Using a trademark is not infringing
           | Copyright. It may or may not be infringing the trademark, but
           | that's a whole different thing.
           | 
           | In general, anyone can use your trademark as long as they are
           | using it about you or your product. I can say "I like Coca
           | Cola, it tastes great" or even "Coca Cola is disgusting" but
           | if I put Coca Cola on the menu but give you Pepsi, that's
           | infringing.
           | 
           | This is why some projects have generic names and brand names
           | for the commercial version. PhoneGap and Cordova, RedHat and
           | Centos, etc. Amazon can offer a machine and say "This is
           | Centos, it's mostly the same as RedHat", but they can't say
           | "This is RedHat" unless they pay for actual RedHat.
        
             | sammax wrote:
             | Don't you need permission to advertise your product with
             | Coca Cola(tm)?
             | 
             | Or in this case, would Amazon not need Elastic's permission
             | to say "we use Elastic" to advertise AWS?
        
               | mbreese wrote:
               | Trademark law is very different than copyright law. You
               | are allowed to use trademarks in certain circumstances.
               | You can't imply a relationship that doesn't exist, but
               | AWS saying - this is a hosted version of Elasticsearch
               | would probably be okay (but IANAL).
               | 
               | Where they'd get into trouble is if they said they
               | offered a hosted Elasticsearch, but under the hood it was
               | something else. But, even then they could probably say
               | that their offering was Elasticsearch compatible.
               | 
               | The real question is: was AWS misleading customers? I
               | don't make any claims one way or the other about this
               | specific case. But I wanted to point out that you don't
               | always need permission to use another's trademark.
               | 
               | From [1]:
               | 
               |  _> Nominative use permits the use of a trademark - even
               | in commercial contexts - if it is the most accurate way
               | to refer to a good or service without misleading
               | consumers as to its source._
               | 
               | [1]
               | https://google.github.io/opencasebook/trademarks/#fair-
               | use-d...
        
               | jopsen wrote:
               | > if it is the most accurate way to refer to a good or
               | service without misleading consumers as to its source.
               | 
               | But if you're buying a service from AWS the source is not
               | Elastic.
               | 
               | You might be able to say compatible with elastic search.
               | But using the name in your own product name seems
               | unlikely to hold.
               | 
               | I think this is shortsighted on Amazon's part, because it
               | probably wouldn't cost all that much to make a joint
               | offering.
               | 
               | I would be curious to know where those lawsuits went.
               | Because it seems like something that should have been
               | resolved, and for which you could get an injunction.
               | 
               | The problem is clearly that people think they are getting
               | a service supported by ES, when they are getting a look-
               | a-like copy service. Which is what trademarks are
               | intended to resolve.
               | 
               | In hindsight, maybe it would have worked better for ES,
               | had they called the open source product something else,
               | like how centos isn't called RedHat.
        
               | M2Ys4U wrote:
               | > Don't you need permission to advertise your product
               | with Coca Cola(tm)?
               | 
               | Not if what you're selling _is_ Coca Cola
        
               | rossmohax wrote:
               | Genuine question: why Amazon EKS and not Amazon
               | Kubernetes then? I noticed every single managed
               | Kubernetes doesn't call it Kubernetes.
        
               | mbreese wrote:
               | Huh?
               | 
               | EKS => Amazon Elastic Kubernetes Service
               | 
               | Kubernetes is a little different here... it seems a bit
               | more nebulous from an installation/instance point of
               | view. It's a bit like saying we use "Linux". Which Linux?
               | Debian? Ubuntu? RHEL? SUSE?
        
               | ZiiS wrote:
               | Because that Trademark is owned by the Linux Foundation
               | who are very well positioned and financed (AWS themselves
               | are Platinum members) and published clear usage
               | instructions.
        
               | ecnahc515 wrote:
               | As someone else said, what constitutes "Kubernetes" isn't
               | well defined, and so the CNCF put limits on using the
               | terminology in product names.
        
         | dang wrote:
         | This subthread was originally a reply to
         | https://news.ycombinator.com/item?id=25834523. We sometime
         | prune these when they get too top-heavy aren't tightly
         | semantically coupled.
        
         | speeder wrote:
         | I interviewed at Amazon, and researched their offerings to
         | better prepare.
         | 
         | Until reading this news, I never realized ElastiSearch wasn't
         | an Amazon product, I always believed ElastiSearch was Amazon's
         | invention, because of how Amazon employees talk about (always
         | "Amazon ElastiSearch" phrase, often dropping the "service" part
         | of it, so is easy to assume it is "Amazon's ElastiSearch" like
         | "Microsoft Windows")
         | 
         | So it is not just... "a few times too many", if I am
         | interviewing for the company and got extremely confused, how
         | other people wouldn't be confused too? And that is the whole
         | point of trademark laws!
        
         | inssein wrote:
         | Agreed.
         | 
         | We actually were customers of Elastic's offering for a while,
         | but they went down 3 times in a quarter, which was simply
         | unacceptable. We had to switch, and have been okay since. Our
         | bill is also more than half of what it used to be.
         | 
         | The AWS implementation is quite limited in many ways, and there
         | could be a point where we switch back or host it ourselves.
        
         | nrmitchi wrote:
         | > Amazon simply out-competes ElasticSearch with their own
         | product when it comes to consultancy, services
         | 
         | You're kind of right about this, but it's the issue that AWS
         | just has a massive head-start with any client that already uses
         | AWS. They don't _really_ out-compete, they just use their
         | existing vendor lock-in to gain an advantage. And really, by
         | using your dominance in one  "market" to gain an advantage
         | elsewhere ends up feeling like a bit of a grey area.
         | 
         | > To add insult to injury, Amazon made the mistake of
         | leveraging the ElasticSearch brand a few times too many in ways
         | that just rub the ElasticSearch people the wrong way.
         | 
         | You're phrasing this in a way like Amazon "leveraging the
         | ElasticSearch brand" isn't a trademark issue. Is "leveraging
         | the trademarks of another company" suddenly okay (as long as
         | you don't do it 'a few times too many') as long as you're
         | Amazon? What if Amazon started selling smart thermostats by
         | "leveraging" the Nest brand?
        
           | chippiewill wrote:
           | I think there's a subtlety in the way Amazon as a company
           | markets what they do and leverages the brand that's important
           | here.
           | 
           | Take for instance Amazon RDS which is a family of managed
           | relational database services. I don't think "Amazon RDS for
           | MySQL" is an unfair use of the "MySQL" trademark, even if
           | Amazon haven't asked Oracle's permission. The reason here is
           | that it's much clearer in the way RDS is branded that it's
           | not endorsed by the database engines it supports, it uses
           | their trademarks to describe the engines they integrate with
           | which seems reasonable in my view. Amazon RDS is still its
           | own independent brand.
           | 
           | "Amazon Elasticsearch Service" crosses the mark in my opinion
           | because it blurs the line between the two brands and in many
           | ways implies that Amazon actually made Elasticsearch
           | themselves.
        
           | ardy42 wrote:
           | > You're kind of right about this, but it's the issue that
           | AWS just has a massive head-start with any client that
           | already uses AWS. They don't really out-compete, they just
           | use their existing vendor lock-in to gain an advantage. And
           | really, by using your dominance in one "market" to gain an
           | advantage elsewhere ends up feeling like a bit of a grey
           | area.
           | 
           | I'm not sure if it's actually a gray area, since I'm pretty
           | sure leveraging your market dominance in one area to compete
           | in another is illegal anti-competitive behavior. Isn't that
           | what the whole Microsoft antitrust case was about? It's too
           | bad the government pretty much gave up on enforcing antitrust
           | law for 20 years, since it feels like similar practices
           | became normalized due to lack of enforcement.
        
             | notatoad wrote:
             | > leveraging your market dominance in one area to compete
             | in another is illegal
             | 
             | Leveraging your monopoly to compete in another area is
             | illegal. Leveraging a strong position isn't and Amazon is a
             | long ways from a monopoly.
        
               | ardy42 wrote:
               | > Leveraging your monopoly to compete in another area is
               | illegal. Leveraging a strong position isn't and Amazon is
               | a long ways from a monopoly.
               | 
               | That really depends on interpretation, which has shifted
               | over time and continues to shift. IIRC, recent
               | interpretations of some types of anti-competitive
               | behavior have been rather literal and required something
               | very close to a literal monopoly, which has had the
               | effect of neutering antitrust law in all but the most
               | blatant of cases.
               | 
               | My understanding is that it's arguable that it's anti-
               | competitive to leverage market share advantages more
               | broadly (e.g. antitrust law could be used to
               | constrain/break-up a _duo_ poly).
        
               | [deleted]
        
               | [deleted]
        
               | [deleted]
        
               | M2Ys4U wrote:
               | That depends on jurisdiction.
               | 
               | In the EU, it _is_ "dominant market position" (and
               | explicitly so) that's the threshold for the Commission to
               | take competition action, for instance.
        
               | notatoad wrote:
               | would AWS be considered "dominant" though? they are the
               | indisputably the market leader, but there's plenty of
               | competition
               | 
               | (not trying to argue they _aren 't_ dominant. just
               | curious)
        
               | CRConrad wrote:
               | Presumably they could. I mean, if the EU legislators had
               | intended for a monopoly to be necessary to be considered
               | "dominant", then they could have _written_ "monopoly",
               | couldn 't they? They didn't write that, so it seems safe
               | to presume they didn't intend that. And if anyone is
               | dominant, then who, if not the market leader?
        
               | M2Ys4U wrote:
               | I don't see why not.
               | 
               | British Airways only had a 38% market share when they
               | were sued for abusing their dominant market position in
               | 1998 (which was upheld by the Court of Justice in 2007)
        
             | nrmitchi wrote:
             | The grey area here is more about what the "market" is
             | defined as here. It's not entirely clear that the existing
             | dominance that AWS has is different enough from "hosted
             | search services" to be considered a different market (from
             | an anti-trust point of view)
        
             | waheoo wrote:
             | Yes, thats all this comes down to in the end.
             | 
             | Open source works fine, and does quite well as a business
             | model (use it as free advertising).
             | 
             | What has happened here is a plain old case of monopoly.
             | 
             | Once markets are no longer efficient, the model breaks
             | down. Amazon can use its resources to extinguish
             | competition with their own product.
             | 
             | This is why we need antitrust law.
             | 
             | It's not a failure of capitalism, its not a failure of the
             | businesses involved its just what happens when you run a
             | freeish market. That is, things get out of whack to the
             | point we the people feel it is unjust, it would eventually
             | right itself but this would take a long time and likely do
             | more interim damage than its work allowing, so we fiddle
             | with it, hopefully not breaking anything in the process.
        
               | benjaminjosephw wrote:
               | > its just what happens when you run a freeish market...
               | it would eventually right itself but this would take a
               | long time
               | 
               | If we think of the system as a delicate natural balance
               | that we should try our best not to disturb too much I
               | think we've immediately taken a very specific stance
               | which itself shouldn't be above critical examination. It
               | is, after all, just a social system and _all_ social
               | systems involve some level of design whether we like that
               | fact or not.
               | 
               | In theory, we could conceive of the possibility of an
               | economic system that both preserves the autonomy and
               | independence of its actors while also preventing
               | monopolies from emerging in the first place. Its a hard
               | problem to wrestle with but its preferable to acquiescing
               | to the blind faith in the invisible hand. We should never
               | give up on an effort to understand how we could evolve
               | our current systems into ones that work better (imagine
               | if we took the same stance with technology).
        
           | srockets wrote:
           | > They don't really out-compete, they just use their existing
           | vendor lock-in to gain an advantage.
           | 
           | For the customer, the biggest advantage of AWS' SaaS
           | offerings over a 3rd party's (hosted on AWS) is the billing.
           | AWS Marketplace negates that. Maybe at some cost to the
           | provider, but I just found ScyllaDB and RedisLabs there, so
           | it must be working for some.
        
             | hello_moto wrote:
             | > but I just found ScyllaDB and RedisLabs there, so it must
             | be working for some.
             | 
             | No, it doesn't work for RedisLabs. Amazon offers managed
             | Redis called AWS EC Redis and recently someone I knew
             | decided to move their entire Redis (multiple) clusters from
             | RedisLabs to AWS EC. RedisLabs lost hundred of thousand
             | dollars.
        
               | srockets wrote:
               | I would like to think there are other definitions for a
               | successful business than it being a single vendor.
        
               | hello_moto wrote:
               | RedisLabs is probably the vendor that foot the bill for
               | Redis software development end-to-end.
               | 
               | While I understand that some people viewed a successful
               | OSS project is akin to Wordpress: lots of hosting
               | providers, rich ecosystems, _and_ Wordpress main company
               | is still making good money out of it; this is not apple
               | to apple comparison (can't compare Redis and Wordpress).
               | 
               | Redis belongs to the group of MongoDB, ElasticSearch,
               | etc.
        
           | suncherta wrote:
           | >> Amazon simply out-competes ElasticSearch with their own
           | product when it comes to consultancy, services
           | 
           | > You're kind of right about this, but it's the issue that
           | AWS just has a massive head-start with any client that
           | already uses AWS. They don't really out-compete, they just
           | use their existing vendor lock-in to gain an advantage.
           | 
           | Can't client run his own Elasticsearch inside AWS? By
           | installing and maintaining it yourself (or contracting
           | someone to do it for you).
           | 
           | Then I don't see vendor lock-in sense: "We choose AWS to host
           | us, now we have no real choice but to use Amazon
           | Elasticsearch Service". Am I missing something here?
        
           | taormina wrote:
           | They don't outcompete. AWS's ES is a steaming pile of crap
           | and everyone I've ever met with a real usecase that needs ES
           | on AWS rolls their own on their own EC2 instances.
        
           | jeffasinger wrote:
           | At my job, we evaluated moving from AWS hosted ES to several
           | of the Elastic offerings. Many of them were more expensive
           | than AWS was before taking hardware into account (as in
           | comparing cost of Elastic licensing vs the whole cost from
           | AWS). This made it exceedingly difficult to justify the move.
           | It's not only the headstart with the client (billing
           | relationship in place), but the cost that hampers them.
        
             | michaelmior wrote:
             | But isn't a big part of the reason Amazon can offer better
             | pricing because of the scale of their existing client base?
             | I'm not saying that they are doing this, but they could if
             | they chose operate on very thin margins or even at a lost
             | to keep their hold on clients and make up with it on other
             | products in their ecosystem.
        
               | notyourday wrote:
               | In my experience it is that Elastic does not understand
               | the market.
               | 
               | About four years ago we have attempted to get their
               | software . It felt like I was dealing with Cisco sales
               | people circa 1998. They were _clueless_ on how to do a
               | multi hundred thousand dollar deal - think slow,
               | inefficient, inflexible, unwilling to compromise on extra
               | $500 add on that would have ended up being a rounding
               | error.
        
               | lovehashbrowns wrote:
               | That's how it is for a lot of companies, not just
               | Elastic. We have to deal with jfrog, who has separate
               | billing teams for SaaS and on-prem so for us to switch
               | from on-prem to SaaS is a pain in the ass. If AWS ever
               | offers artifacts storage with more artifact types, then
               | obviously we're switching. And that's just 100% so we
               | don't have to deal with jfrog's dumb ass contracts
               | anymore, never mind pricing.
               | 
               | ugh the pain that comes from negotiating our contract
               | every year. Or the pain that comes from trying to get
               | trial licenses. Or the pain we're seeing now from
               | switching to SaaS.
        
               | ethbr0 wrote:
               | Hmm. Operating on thin margins to gain market share and
               | drive competitors out of business, then making up the
               | difference by creating sales in related businesses in
               | their ecosystem doesn't sound much like Amazon...
        
         | dv_dt wrote:
         | In a way it's hinting at the need for anti-trust barriers
         | similar to how India barred Amazon from both running a product
         | marketplace and offering it's own products in the same
         | marketplace.
         | 
         | I can see both sides of it though. If there are an anti-trust
         | barrier between running AWS and offering major services on top
         | of it, there would be a better overall segregation and likely
         | more innovation overall. On the other hand, putting up a
         | barrier there would be both complex and leaky, and cause
         | missing out on sorts of efficiencies from close integration of
         | cloud platform + services.
        
       | holstvoogd wrote:
       | Since AWS implies that Elastic is involved in the offering, I'd
       | sue AWS for defamation. Having your name associated with a AWS
       | service, and such a shitty service at that, cannot be good for
       | your business.
        
         | colechristensen wrote:
         | Well they are using elastic code freely given away with a few
         | small additions, is that not involved enough?
        
       | mcdoker18 wrote:
       | Interesting, how many there are such 3rd party's products that
       | AWS offers as a service? Who will be the next for license
       | changing, Redis?
        
       | sub7 wrote:
       | AWS is basically just rebranded open source on a centralized
       | admin dashboard, there's an infographic somewhere breaking it
       | down.
       | 
       | True genius is always making someone else's blood and sweat into
       | a package that gracefully solves a big pain point and Amazon
       | building up AWS has been nothing but genius.
        
       | hallqv wrote:
       | Open source provider complaining that it's software is being used
       | openly. Am I missing something?
        
       | sjg007 wrote:
       | Elasticsearch has to enforce their trademark otherwise they will
       | lose it. This is crucial.
       | 
       | Preserving their trademark will forbid Amazon from advertising
       | their service as elasticsearch which may help them find and
       | retain customers.
       | 
       | Elasticsearch should lobby for an antitrust investigation into
       | AWS. Here the market is cloud computing is AWS. This is similar
       | to antitrust in the mainframe market or the PC market etc...
       | However, right now it's not clear what the antitrust remedy will
       | be. In those markets things evolved, most recently from desktop
       | PCs to cloud delivered web apps etc...
       | 
       | Beyond that Elastic needs to innovate or join up with someone
       | bigger.
        
         | hallqv wrote:
         | Why antitrust? The cloud market is highly competetive and AWS
         | only have about 1/3 market share.
        
           | sjg007 wrote:
           | You could read the Senate report: https://fm.cnbc.com/applica
           | tions/cnbc.com/resources/editoria...
        
       | pyb wrote:
       | This is tangential, but, speaking of intellectual property, was
       | MongoDB entitled to strip the FSF copyright in the SSPL ? (as per
       | https://webassets.mongodb.com/_com_assets/legal/SSPL-compare...
       | line 5)
        
         | gpm wrote:
         | The FSF gives people permission to modify the GPL as MongoDB
         | did https://www.gnu.org/licenses/gpl-faq.html#ModifyGPL
         | 
         | They do not require in that license to modify the GPL license
         | that you keep the original copyright attribution around.
         | 
         | (IANAL - not legal advice, etc etc)
        
         | pritambaral wrote:
         | Given that the text of the SSPL amounts to a minor edit to that
         | of the AGPL (at best): no.
         | 
         | The SSPL text is still a derivative of the AGPL text, which is
         | copyrighted and licensed under the following terms (from
         | https://www.gnu.org/licenses/agpl-3.0.en.html):
         | 
         | Copyright (c) 2007 Free Software Foundation, Inc.
         | <https://fsf.org/> Everyone is permitted to copy and distribute
         | verbatim copies of this license document, but changing it is
         | not allowed.
        
           | pyb wrote:
           | I thought so. IANAL, but it looks like a blatant copyright
           | violation to me. This indicates that the SSPL may not have
           | been written by a lawyer.
        
       | wolframhempel wrote:
       | In a more general way, the Elastic/AWS case proves a more
       | fundamental vulnerability of Open Source as a business model. A
       | couple of weeks ago, I wrote this article called "Why I wouldn't
       | invest in open-source companies, even though I ran one." trying
       | to make this case and point out a couple of systemic pitfalls in
       | OS as a business model (Apologies for the self-promotion, but I
       | felt this might be relevant): https://www.linkedin.com/pulse/why-
       | i-wouldnt-invest-open-sou...
        
         | alextheparrot wrote:
         | In your post you talk briefly about licensing -- effectively
         | (1) MIT/Apache are common and very permissive (2) AGPL
         | sometimes gets shut down by legal (3) Changing licenses is
         | hard.
         | 
         | Given these primitives, do you think one solution to the
         | problem is just what we see here, a new licensing structure for
         | some types of open source? Elastic's move here, attacking the
         | issue through licensing, is one way that this sort of business
         | model is becoming more robust over time and would be
         | instructive for other founders looking to create revenue
         | generating software that is also open source.
         | 
         | As a developer, the main reason I _love_ open source is that I
         | help patch issues or inspect the code to get a better
         | understanding. Which is great because the changes Elastic are
         | making to their license are orthogonal to the value prop for
         | your average developer.
        
           | wolframhempel wrote:
           | I wouldn't assume Elastic-style licenses to be a solution
           | going forward. Elastic can use this license model now that
           | they've already achieved considerable popularity and success
           | - but I doubt that they would have gotten to where they are,
           | had they started out with this license.
        
             | alextheparrot wrote:
             | I think your historical assessment is fair, as usually
             | legal has an allow-list of licenses and anything else is
             | non-trivial to integrate. Moving forward, though, with
             | multiple companies trying to solve issues via licensing
             | (Mongo, Elastic, Confluent), I think we could see some of
             | the new licenses become legal allow-listed (Which allows
             | for some of the moment open-source can give as you
             | mentioned in the link).
             | 
             | Honestly, I think the biggest issue with Elastic-style
             | licenses moving forward is API compatibility. It is just a
             | question of how much money is at stake for a company like
             | Amazon to go from just operationalizing ElasticSearch to
             | running and maintaining an API-compatible fork, just as
             | they've done with Mongo. It would actually be a bit
             | hilarious if Amazon open-sourced said fork with a more
             | permissive license, given that their buck is usually made
             | off of ops.
        
       | picodguyo wrote:
       | This blog post strikes me as poorly written, overly emotional,
       | and light on reasons to care. While not Amazon-sized, Elastic is
       | itself a rather large company. Am I supposed to be upset that
       | you're having difficulty getting even larger because of Amazon?
       | Considering you're the experts on this product, shouldn't you be
       | confident in your ability to differentiate from someone offering
       | it as an afterthought? If anything, Amazon's poor support of
       | their Elastic offering amounts to lead gen for a properly run
       | solution. Finally, feel free to change your license now that your
       | original license is no longer conducive to your growth
       | aspirations, but whining that "not OK" Amazon forced you to do it
       | just comes across as sour grapes.
        
         | Vaslo wrote:
         | I have to agree and came here to say this - the "Not OK" thing
         | feels like we are all being lectured. This is an (one)
         | unfortunate side effect of social media. The author doesn't
         | hear how he sounds, and can't see the cringe on some of the
         | audiences to realize it's an awful (cringeworthy) tactic.
         | 
         | Could have come across better, but otherwise I support the
         | authors assertions.
        
         | netdur wrote:
         | he tool a loan to register trademark, he is speaking
         | personally.
        
         | [deleted]
        
         | jjeaff wrote:
         | They probably aren't worried about not becoming larger so much
         | as getting swallowed whole by AWS. AWS has the economies of
         | scale to severely undercut pricing. Especially considering they
         | aren't spending anything on development cost. They can just let
         | elastic search deal with that.
        
         | StavrosK wrote:
         | > shouldn't you be confident in your ability to differentiate
         | from someone offering it as an afterthought?
         | 
         | They are. What they aren't confident in is their ability to
         | differentiate from someone who offers it moderately
         | competently, while not having to pay a single cent in
         | development costs, unlike Elastic, which have to pay for almost
         | all of them.
        
       | rkangel wrote:
       | I assume the trademark thing should be a slam dunk? That seems
       | like the most blatant trademark violation ever.
        
         | bluelu wrote:
         | Is it really so easy?
         | 
         | Doesn't elastic also use Amazon trademarks in their code and
         | documentation? (e.g. ec2, etc..)? I'm not a licence expert, but
         | maybe if you have a have a legal licence to run it, you
         | probably can also name it like that?
        
         | kmeisthax wrote:
         | Trademark law is complicated enough that I can imagine several
         | scenarios where owning "Elastic" does not allow you to
         | prescribe Amazon's use of "Elasticsearch Service", or at least
         | where there's enough of a question of law as to allow the
         | matter to proceed to rather expensive litigation.
         | 
         | Also:
         | 
         | >Our efforts to resolve the problem with Amazon failed, forcing
         | us to file a lawsuit. NOT OK.
         | 
         | This and several other sentences alleging illegal behavior on
         | the part of Amazon seem suspicious to me. When I hear someone
         | say that they had to sue another company, but provide no
         | further details of the suit, then I can only assume that their
         | lawsuit was summarily dismissed by the judge. Otherwise, they'd
         | talk about the litigation - there is no legal condition I could
         | think of where you would be allowed to disclose the existence
         | of a lawsuit and make general allegations about a company, but
         | not disclose the existence of at least a settlement agreement,
         | if not a legal judgment.
         | 
         | Does anyone know if Elastic's Amazon lawsuit went anywhere?
        
         | edoceo wrote:
         | Against the huge wallet of Amazon? Litigation isn't free. How
         | much "justice" can Elastic afford?
        
           | exhilaration wrote:
           | A few people above have said that Elastic is worth $10-14
           | billion. This isn't a one-man OSS project we're talking
           | about.
        
             | edoceo wrote:
             | Valuation and available Cash are very different.
        
           | ironmagma wrote:
           | On the other hand, as a result there are probably tens of
           | millions to be made off a successful suit.
        
             | edoceo wrote:
             | Works on Contingency? No. Money Down! - L. Hutz
        
         | sokoloff wrote:
         | It seems to me (not a lawyer) that "Amazon Elastic Search
         | Service" would be OK in a way that "Amazon Elasticsearch
         | Service" would not.
         | 
         | (AWS had EC2 before Elastic's trademark was registered.)
        
           | brlewis wrote:
           | I'm not a lawyer either, but as I understand it, a trademark
           | is violated if it's likely to confuse people into thinking
           | the product/service is from the trademark holder when it
           | actually isn't. If Amazon's CEO experienced such confusion
           | himself, that does sound like a slam dunk to me.
           | 
           | FTA: _When the service launched, imagine our surprise when
           | the Amazon CTO tweeted that the service was released in
           | collaboration with us. It was not. And over the years, we
           | have heard repeatedly that this confusion persists. NOT OK._
        
             | DougBTX wrote:
             | It does seem tricky. On on hand, they want to stop AWS
             | using "Elasticsearch" in a product name because it isn't in
             | partnership with Elastic co., but on the other hand AWS's
             | product really does contain Elasticsearch, which is why
             | they are changing their license. If AWS had a product
             | called "Elasticsearch Service" which didn't contain
             | Elasticsearch, then it would be pretty clear cut as that
             | would be very confusing, but a product called
             | "Elasticsearch Service" that really does contain
             | "Elasticsearch" seems pretty self-explanatory.
        
               | brlewis wrote:
               | In general, yes, it can be tricky to determine what will
               | and won't be confusing to people, since different people
               | see things differently.
               | 
               | In this specific case, it doesn't seem tricky to me. When
               | you have concrete examples of people getting confused, no
               | speculation is needed.
        
               | sokoloff wrote:
               | But what are they confused over? "Amazon RDS for SQL
               | Server" seems no more and no less confusing to me than
               | "Amazon Elasticsearch Service".
               | 
               | As a user, I don't care in the least about the business
               | relationship behind the product. I care about whether
               | Amazon RDS works like SQL Server and whether Amazon
               | Elasticsearch Service works like Elasticsearch. What
               | financial arrangements, if any, are behind the scenes are
               | not a concern to users.
        
               | dumbfounder wrote:
               | Does it really contain ElasticSearch? It is a fork right,
               | so can you still call it ElasticSearch? I don't think you
               | should be able to use the name in this case, and you
               | definitely can't say you are "partnered" with a company
               | when you most definitely aren't.
        
             | richardwhiuk wrote:
             | I think the original link and the CTO disagrees with what
             | "colloboration" means.
             | 
             | From Amazon's perspective, if they contributed a single
             | fix, or asked a single question of ElasticSearch on the
             | issue tracker, then this is a product born from
             | colloboration.
             | 
             | It's difficult to think anyone is going to think that
             | Amazon ElasticSearch is by anyone other than Amazon.
        
         | toast0 wrote:
         | What else would you call the Amazon Elasticsearch Service?
         | 
         | Isn't that just Nominative fair use: referencing a mark to
         | identify the actual goods and services that the trademark
         | holder identifies with the mark?
         | 
         | Especially when it launched and there wasn't a fork.
        
           | bmurphy1976 wrote:
           | It was a bad choice of name by Amazon. They should have
           | created "Amazon Search Services" and ElasticSearch would be
           | one of multiple available options ala RDS and its many
           | database options. I'm no lawyer but it appears to me that
           | they are blatantly in violation of ElasticSearch's trademark.
        
       | tmpxgdqrcKFuG wrote:
       | I am interested to see how long or if Elastic sticks around after
       | this. If people will just move on to another AWS product or if
       | they'll keep using Elasticsearch.
        
         | prepend wrote:
         | I think it depends on whether Amazon wants to start funding
         | development of their fork. I think under this new license,
         | Amazon can't just bring over changes from elastic any more.
         | 
         | If Amazon commits to dev work then their project might be the
         | one that survives since it's actually OSS and more capable of
         | being used in more products.
         | 
         | But if they don't then it will drift and not be very useful any
         | longer.
        
       | yrgulation wrote:
       | The cringe on this thread is appalling.
       | 
       | Elasticsearch B.V. owes you nothing. The source code is still
       | open source, but you should pay for re-selling or providing
       | hosting services around it. They have salaries to pay. Period.
       | 
       | Too many open source "believers" find themselves out of pocket,
       | taking time away from their families and lives, only for
       | companies like Amazaon and other WAANKs out there to make
       | billions in profit. Time for this to stop. Starve them of your
       | hard work and make them pay if they want to use your software.
       | For sharing knowledge, code can still be freely readable, but
       | should not be free of charge.
        
         | marcinzm wrote:
         | >Elasticsearch B.V. owes you nothing.
         | 
         | And we owe them nothing. They have a right to relicense and we
         | have right to complain about it.
         | 
         | If you have an argument then make it but trying to kill
         | discussion is in bad form imho.
        
         | R0b0t1 wrote:
         | Agree, the amount of people who license things as MIT is
         | terrifying. There has been a couple of posts/rants on HN about
         | this. A large company doesn't care about you, and licensing
         | your code as MIT doesn't mean they're going to pay you. GPL
         | actually gives you some teeth.
        
           | babarock wrote:
           | Is it possible that people licensing things as MIT don't mind
           | that a multi-billion company makes money off their work?
           | 
           | I don't mean to make generalities about "open source", but a
           | serious chunk of the community genuinely don't care.
        
           | sn_master wrote:
           | We're in the era of big platforms that can pick and choose
           | the winners, and the winners have to play with those rules.
           | 
           | see: GPLv3 ban on Tivoization. It makes anything v3
           | radioactive to any company seeking to make $$$.
        
         | pietrovismara wrote:
         | The impression this thread gives me is that most commenters are
         | shills hiding behind a concern for "open source values", which
         | are not being touched in any sense.
         | 
         | Actually, moves like what elastic is doing are necessary to
         | preserve the FOSS ecosystem.
        
         | literallyWTF wrote:
         | Yup, pretty much the life story of open source. Some people
         | always tend to get upset that individuals/companies either
         | don't spend every waking second on a project or want to get
         | paid for their work if used in commercial products.
         | 
         | It's honestly no different than a leach
        
         | sn_master wrote:
         | What does the term WAANK stand for?
        
           | superzamp wrote:
           | I guess FAANG + wankers = WAANK
        
         | danShumway wrote:
         | > The source code is still open source, but you should pay for
         | re-selling or providing hosting services around it. They have
         | salaries to pay. Period.
         | 
         | That's not what Open Source is.
         | 
         | What's actually happening here is that people disagree with the
         | goals of the FOSS movement, which is fine, but then instead of
         | going out and joining any of the many other movements around
         | software licensing that are better suited for them -- instead
         | of releasing products as source available or shared source or
         | noncommercial-reuse/creative-commons or just under any
         | generally permissive license -- instead they act like this is
         | our problem to solve.
         | 
         | The point of Open Source is not to share knowledge, it's to
         | allow people to reuse/share _code_. There are other movements
         | that are better equipped to solve your problems if your goal is
         | primarily just to share knowledge. But we 're not going to drop
         | everything we've worked to build just to accommodate you.
         | 
         | Nobody is forcing you to be a part of this movement. Nobody is
         | forcing you to release your software under MIT or GPL licenses.
         | You can do whatever the heck you want with the software you
         | build, just leave us alone and stop acting like it's our
         | problem that our movement isn't accommodating your goals.
        
       | throw8932894 wrote:
       | I run Apache licensed storage library. It is not big, but
       | consulting fees cover my living.
       | 
       | Some time ago I changed development model. Public facing version
       | is still Apache 2 licensed. But now there are no unit tests and
       | no integration tests, those are proprietary now. And I
       | extensively use code generator which is also not public.
       | 
       | It is still possible to fork/modify code. Merging pull request is
       | bit more difficult for me (backport stuff to code generator). But
       | it works great and nobody noticed anything.
       | 
       | Practically any serious use of my library has to go through me
       | now. And I am the hero because my code is virtually without bugs.
       | Magic!!! :)
       | 
       | I become disillusioned long time ago. Also people told me several
       | times unit tests do not matter... but in reality they are most
       | valuable part of know how.
        
         | fuball63 wrote:
         | This is a pretty interesting approach, but what is the point of
         | it being open at all if it is prohibitively difficult to
         | develop on without tests?
         | 
         | To me it seems like a happy medium of being accessible while
         | still protecting your livelihood.
        
           | BossingAround wrote:
           | > This is a pretty interesting approach, but what is the
           | point of it being open at all if it is prohibitively
           | difficult to develop on without tests?
           | 
           | Personally, I wouldn't use a proprietary library/framework
           | unless absolutely necessary. I think it's a great strategy,
           | actually; OP is sacrificing outside contributions while
           | making it much more difficult for someone to just fork the
           | project and bypass them entirely.
        
             | throw8932894 wrote:
             | I am not sacrificing much. Project was fully open for a
             | while, bot no coauthor emerged. I only get minor patches.
             | Contributions are happening outside core project, some
             | people build pretty awesome stuff on my library, I also get
             | connectors etc...
             | 
             | I would say this approach fits great for one-men projects.
        
         | rsstack wrote:
         | That's fine but that's not "Open Source" as the open source
         | community sees it. That's just source-available. It's great:
         | when I choose proprietary software, I'm much happier when I get
         | the source code along with it since it can help with
         | diagnostics and advanced cases. But it isn't "Open Source".
        
           | BossingAround wrote:
           | > That's fine but that's not "Open Source" as the open source
           | community sees it
           | 
           | It's Apache 2. It's as "Open Source" as you can get [1].
           | 
           | [1] https://opensource.org/licenses/Apache-2.0
        
             | rsstack wrote:
             | But the actual source isn't Apache 2. It's just a build
             | artifact that's licensed this way. It's "Open Package" not
             | "Open Source".
             | 
             | I can take a screenshot of Windows 10 and publish it under
             | an Apache 2 license, but that doesn't make the Windows 10
             | source code "Open Source".
        
         | zokier wrote:
         | > And I extensively use code generator which is also not
         | public.
         | 
         | 2. Source Code
         | 
         | The program must include source code, and must allow
         | distribution in source code as well as compiled form. Where
         | some form of a product is not distributed with source code,
         | there must be a well-publicized means of obtaining the source
         | code for no more than a reasonable reproduction cost,
         | preferably downloading via the Internet without charge. _The
         | source code must be the preferred form in which a programmer
         | would modify the program._ Deliberately obfuscated source code
         | is not allowed. _Intermediate forms such as the output of a
         | preprocessor or translator are not allowed._
         | 
         | (emphasis mine)
        
           | throw8932894 wrote:
           | I distribute output from code generator. It is fully readable
           | with comments. I also receive some patches on generated code,
           | which I port back to generator.
           | 
           | I agree it does not fit strict definition of OS, but it fits
           | Apache 2 license.
        
             | pabs3 wrote:
             | It is definitely not compliant with the GPL family of
             | licenses, so this could block GPL licensed projects from
             | using your library.
        
           | fabianhjr wrote:
           | That applies to licensees not to the copyright owner (a
           | person or other entity), though the copyright owner would be
           | wise on requiring a CLA for contributions.
        
           | ccmcarey wrote:
           | I think the author means he is the developer/license owner,
           | in which case he can do whatever he wants, it's just other
           | people that have to follow the license.
        
       | brainzap wrote:
       | why not make a license that requires to pay
        
         | pritambaral wrote:
         | Then they'd lose customers. Many people use their Open Source
         | products because it's free (as in beer). The fact that the
         | products are also free as in speech is merely co-incidental to
         | them. Elastic Co. does not want to lose those customers.
         | 
         | On a broader note: Elastic Co. used Open Source as a marketing
         | point for their product, but now no longer want to be held to
         | the same standard.
        
       | perfobotto wrote:
       | Amazon's version of sherlocking
        
       | RVuRnvbM2e wrote:
       | Elastic is a 14 billion dollar company[0] with 43% revenue growth
       | YoY[1]. Amazon may be eating into their SaaS market share but
       | Elastic are hardly struggling. Relicensing for competitive
       | business reasons is absolutely fine, but it's silly to pretend
       | that they are doing this for any motive other than making more
       | money. Certainly this is not some altruistic move on the behalf
       | of the open source community.
       | 
       | I think that this attempt to take a popular open-source project
       | proprietary is going to blow up in their faces. Users will flock
       | to OpenDistro and this will be the beginning of the end of
       | Elastic unless they reverse this decision.
       | 
       | [0] https://finance.yahoo.com/quote/ESTC/ [1]
       | https://s2.q4cdn.com/265747582/files/doc_financials/2021/q2/...
        
         | retzkek wrote:
         | > Elastic is a 14 billion dollar company
         | 
         | I believe this is the real driver of this decision. $ESTC's PE
         | is -100 and PC is -2500, they need to drive a lot of business
         | to their hosted cloud or sell many more licenses to support
         | their valuation [^1], and they're not getting the subscriptions
         | they need from the platform add-ons like Machine Learning, APM,
         | and SIEM (43% YoY revenue growth is great, but I don't believe
         | it's sustainable, and this licensing decision suggests neither
         | does Elastic).
         | 
         | Base Elasticsearch and Kibana are sufficient for a large
         | portion of use cases, including mine. Many other of the
         | "ecosystem" tools they sell have other, established commercial
         | or open-source options (e.g. Splunk vs SIEM, Jaeger/OpenTracing
         | vs APM), and these options won't tie you into the Elastic
         | environment.
         | 
         | > I think that this attempt to take a popular open-source
         | project proprietary is going to blow up in their faces. Users
         | will flock to OpenDistro and this will be the beginning of the
         | end of Elastic unless they reverse this decision.
         | 
         | 100% agree. We're going to see an open-source fork, whether
         | from Open Distro (which may have too much baggage) or a new,
         | rebranded project, and many users who don't need Elastic's
         | value-adds will flock there.
         | 
         | ^1: Admittedly everything tech is severely overpriced right
         | now.
        
         | whoisjuan wrote:
         | It's really hard to have sympathy for anyone here. On the
         | Amazon side, they of course are pushing on that ethical gray
         | line by using Elastic's name and track record to build their
         | own offering based on Elastic's Open Source software.
         | 
         | On the Elastic's side they simply seem to be mad that Open
         | Source is working exactly as it's supposed to work in favor of
         | a big company that happens to be a competitor. It's like they
         | want to have discretionary control on who benefits from Open
         | Source and who doesn't.
        
       | pluc wrote:
       | The license changes are described here:
       | https://www.elastic.co/blog/licensing-change
        
       | StreamBright wrote:
       | I wish there was something better than Elastic for indexing large
       | volume of text.
        
         | lun4r wrote:
         | https://vespa.ai/
        
         | lovelearning wrote:
         | Better in what ways?
        
         | woof wrote:
         | Apache Solr?
         | 
         | Maybe not "better", but useful and with a Apache 2.0 license :)
        
         | k__ wrote:
         | Yes.
         | 
         | AWS should build a real serverless alternative to it or buy
         | Algolia or something...
        
           | lovelearning wrote:
           | Kendra is their Algolia-like service.
           | https://docs.aws.amazon.com/kendra/latest/dg/in-adding-
           | docum...
        
           | StreamBright wrote:
           | Yes, I would be much happier that. I do not even understand
           | why to do this whole dance with Elastic.
        
             | jokethrowaway wrote:
             | Same. But there is nothing preventing doing that and
             | running a fork of Elastic, it's cheap enough.
             | 
             | I would do the same if I were AWS.
        
             | lnsp wrote:
             | A lot of people have adopted the Elastic stack over the
             | years, I guess Amazon just wanted their share.
        
               | brodouevencode wrote:
               | They do. They've done similar things with Redis and
               | MariaDB, both of whom also offer commercial solutions.
               | The SAs all insist that "no it's a partnership". I don't
               | fault them they're parroting the marketing line. With the
               | new Grafana stuff that seems more like a real partnership
               | because you have to purchase the enterprise features and
               | support from the marketplace. What they've done to Redis
               | and partiularly Elastic is pretty shameful.
               | 
               | The Elasticsearch Service has problems: you can't join
               | the cluster like you can with the normal version,
               | permissions are janky at best, it's slow, and it's
               | expensive. For those reasons the projects my team used it
               | on opted to roll our own elasticsearch cluster which
               | proved a better solution long term beyond the initial
               | annoyances. I say that to say it's not a one to one
               | product, which will probably be their defense.
        
               | uncledave wrote:
               | I think most people just wanted Amazon to take the
               | administrative overhead away from them. Amazon saw that
               | gap.
        
               | k__ wrote:
               | Sure thing. That's the reason for many services they
               | created.
               | 
               | But they usually tend to build their own alternative that
               | integrates better into their eco-system.
        
         | buro9 wrote:
         | https://grafana.com/oss/loki/
        
           | uncledave wrote:
           | That's absolutely not the right tool for indexing large
           | volumes of text. It's a time series database with very
           | rudimentary labelling support.
        
           | nautilus12 wrote:
           | This is a better alternative to ES strictly for log analysis
           | application. Not for search.
        
       | nova22033 wrote:
       | This isn't about the product itself. If I use AWS ESS, I don't
       | need Elastic Professional services. That's probably where they
       | make money.
        
       | jrochkind1 wrote:
       | I don't think most of Amazon's behavior actually violates any
       | norms and values of traditional open source communities.
       | 
       | I think instead we are finding that norms and values of
       | traditional open source communities are in some ways
       | contradictory/inconsistent; that there can be competing interests
       | where it isn't true that either one of them is the one that
       | "opensource norms and values" privileges; or that the traditional
       | "norms and values" don't necessary lead to the world that
       | enthusiasts had fantasized about.
       | 
       | In a lot of these discussions, I think the underlying basic thing
       | is that some are alleging, often implicitly, that included in the
       | "norms and values of open source" are that if anyone is making
       | money from value provided by open source, it should be authors of
       | that open source, or at least they should get a cut.
       | 
       | I don't think that is in fact one of the traditional norms and
       | values of open source community. In some ways it's even counter
       | to the tradition.
       | 
       | The actual world/ecosystem around open source has evolved to be
       | very different than the one imagined by traditional norms and
       | values though. Compare to how apache httpd was originally written
       | -- 6 or 8 people, each from a different organization,
       | collaborated on company time each getting paid by their employer,
       | to produce something of value to all of their employers, where
       | the only desired 'profit' was the thing being available for all
       | to use.
       | 
       | That is sort of a stereotypical traditional fantasy of open
       | source. It is of software being created _without a profit motive_
       | , in an ecosystem where people would contribute to such things on
       | 'company time' (they had a steady salary from some company
       | already). The more people using the software you wrote, the
       | _better_ , and you never wanted a cut of their profits -- that is
       | the fantasy of traditional open source norms and values.
       | 
       | That is not the world we ended up with though.
       | 
       | So the problem is that now it is "obvious" to some people that if
       | we wrote the the thing, and then formed a company _around_ that
       | thing we wrote -- it 's not "fair" if someone else is making
       | money from it without giving us a cut.
       | 
       | But this isn't a value encoded into open source licenses at all,
       | and that wasn't an oversight, it was intentional because this
       | wasn't in fact a traditional "norm and value" of open source at
       | all, and in fact it is in some ways _counter_ to the actual
       | traditional norms and values, one of which I would say was: Your
       | desire to make a profit from this code should not in fact be
       | allowed to prevent anyone else from using it. It is ElasticSearch
       | which is acting contradictory to norms and values of open source
       | in believing nobody should be able to use their software without
       | giving them a cut of profits from it.
       | 
       | These disputes will keep happening, not because some companies
       | are violating the "norms and values" of open source, but because
       | the actual traditional norms and values of open source are
       | increasingly unable to power a sustainable economy where people
       | can get paid (in the manner they think they deserve?) while
       | producing open source.
        
         | shiftpgdn wrote:
         | Amazon doesn't give back to open source maintainers at all.
         | They take and take with no return. This isn't normal in the
         | open source community.
        
           | jrochkind1 wrote:
           | SO many people and companies make money off of ("take") open
           | source projects like apache httpd, postgresql, or even linux
           | itself, without "giving back". So many companies have stacks
           | based on these software, stacks they make money from, who
           | never would even consider sending a patch back to postgresql
           | or apache httpd or what have you.
           | 
           | Is this considered against typical open source norms and
           | values?
           | 
           | If not, what makes this situation different?
           | 
           | So one difference people talk about is that your stack might
           | be based on postgresql and you might sell a service, but you
           | aren't actually _selling postgresql as a service_. OK... but
           | I suspect there _are_ people selling (especially) postgresql
           | or mysql as a service, without ever sending patches back;
           | say, a traditional kind of PHP web host, right? This hasn 't
           | to my knowledge led to much controversy; or the idea that
           | their entire webhosting/dashboard/management layer has to be
           | open source if they provide postgresql. What's the
           | difference?
           | 
           | I am not saying there can't be a difference, there are all
           | sorts of differences always. But in elucidating what the
           | pertinent/meaningful difference _is_ , we actually are clear
           | about what we think, instead of just a gut-reaction "I don't
           | like amazon and I don't think they should be able to profit
           | off of elasticsearch" -- cause _that_ IMO doesn 't have
           | anything to do with "opensource values and norms".
           | 
           | I think, again, is that the real problem is that the
           | traditional models of open source, the traditional norms and
           | vlaues of open source, are becoming less and less capable of
           | supporting sustainability and proper income for open source
           | development. (Which reminds me of the OpenSSL problem of
           | course. Is everyone who uses OpenSSL, which means like
           | everyone, violating "norms and values" if they don't send
           | patches back? Obviously not).
        
           | prepend wrote:
           | I'm not sure if this is true. It looks like Amazon makes lots
           | of contributions to open source [0][1]. They don't literally
           | contribute to every project they use, but think they add lots
           | to the ecosystem.
           | 
           | But even if they contributed nothing at all, that's part of
           | open source in that it's free for everyone to use regardless
           | of anything else, depending on the license.
           | 
           | I think it's a virtuous byproduct that all this free, allowed
           | use leads to people contributing more open source. Not
           | because of compulsion, but through a shared philosophy.
           | 
           | [0] https://aws.amazon.com/opensource/ [1]
           | https://news.ycombinator.com/item?id=9358843
        
       | orestis wrote:
       | As an AWS user, it bums me out how much vendors don't integrate
       | better with the marketplace and cloud formation stacks etc.
       | 
       | What I'm after is being able to pay a 3rd-party vendor to do all
       | the work of setting up a cluster of machines, deal with HA,
       | backups, upgrades, support etc - but stay out of my data, so that
       | I don't have to force all our enterprise clients to sign updates
       | to our DPA.
       | 
       | I would gladly pay elastic.co for such a service. The only vendor
       | that I'm aware that does is Cognitect with Datomic Cloud:
       | https://docs.datomic.com/cloud/index.html
        
       | softwaredoug wrote:
       | Does this mean Elastic has withdrawn its legal actions wrt it's
       | trademark and alleged use of proprietary code?
        
       | kureikain wrote:
       | From time to time, I see some cool application and I really want
       | to see how they done it. It's ok if it's "truely OSS" I just want
       | to see how they did it, what trick they made.
       | 
       | An example, a few years ago I saw a few mac app that show you
       | network metered in status bar and little snitch. I don't know how
       | they did that. I wish I can read their code, even if it's truely
       | OSS.
       | 
       | To me, the value that ElasticSearch give to us is great. And when
       | I do some cool thing, I myself want to share too but I don't want
       | other to take my code and make money off it without contributing
       | back to me.
       | 
       | I think Elastic, as a company, doing a good thing here, and AWS
       | is the bad actor here, they even lie about their collaboration
       | between them and Elastic.
        
       | prepend wrote:
       | So I guess the options are now to use the "OpenDistro" [0] or the
       | SSPL distro maintained by Elastic.
       | 
       | It's too bad that Elastic is no longer open source, but respect
       | the companies choice to close source their stuff.
       | 
       | Will be interesting if Amazon just maintains their fork or
       | abandons it to make something else.
       | 
       | I'm not familiar with elastic as a project and not sure how many
       | community contributions they have, but expect that to shrink as
       | I'm not sure many OSS developers will freely contribute to non-
       | OSS projects.
       | 
       | As for trademark stuff, I expect a renaming like Hudson/Jenkins.
       | 
       | [0] https://github.com/opendistro-for-elasticsearch
        
         | dannyw wrote:
         | Elastic is still open source for anyone but Amazon or other
         | cloud providers trying to resell their work.
        
         | pietrovismara wrote:
         | The source code is freely accessible and you can use it for
         | free.
         | 
         | What's the difference to you as a user? Or are you simply
         | concerned about Amazon?
        
           | prepend wrote:
           | I make products that use that package. I want all the
           | packages I depend on to be compatible with my license. I
           | don't want to run into an audit years from now during due
           | diligence that I have some liability from an incompatible
           | license.
           | 
           | I can't afford lawyers to determine compatibility today. And
           | I suspect that they would say "not compatible, pay to be
           | safe."
           | 
           | That's the difference to me as a user.
        
             | pietrovismara wrote:
             | This sounds more like an issue with the licensing world
             | itself than with this license, which by itself is pretty
             | simple and won't affect you except in the case you offer
             | your products containing Elastic as a service to third
             | parties.
        
         | thecleaner wrote:
         | I think you are grossly over estimating the contributions that
         | the general community has to open source. Theres a company
         | behind this project and they do most of the maintenance work.
        
           | delfinom wrote:
           | Yep, this happens with alot of open source. Either a big
           | company maintains a project through paid engineers. OR some
           | poor guy gets burnt out because everyone is demanding free
           | changes to some OSS package constantly without providing
           | PR/MRs.
        
             | thecleaner wrote:
             | Exactly, which is why I hope Elastic manages to beat Amazon
             | wih this tactic since it then can be a playbook for OSS
             | companies. In general OSS is fantastic whether free or paid
             | and I genuinely want companies like Elastic to succeed.
             | This whole free software thing is stupid and it is sad to
             | see talented devs getting burnt out because people are
             | cheap to pay for software.
        
       | ralmidani wrote:
       | As mentioned in another discussion, I used to be a Copyleft
       | Zealot, but I've come to realize an absolutist insistence on
       | "Free as in Freedom" and the "Four Freedoms", without allowing
       | businesses a viable path to profitability, is an obsolete
       | attitude. It has become incredibly easy and cheap to distribute
       | copies of large programs, even as a service over the internet.
       | 
       | Sure, hobbyist projects and foundations for FOSS software still
       | exist, but important infrastructure projects like Mongo, Redis,
       | and now Elastic have all recently changed their licenses from
       | "true" FOSS to "some rights reserved".
       | 
       | One might argue that the point of FOSS is not to make money. But
       | GNU/FSF have said repeatedly that it's OK to "sell" your
       | software. How do you do that when a FAANGMO can easily out-scale
       | you and put you out of business?
       | 
       | If I were to start an actual software company, I would give very
       | serious consideration to licenses like Polyform[0] over "true"
       | FOSS, at least for the important, money-making parts where it
       | would be impossible to compete with a FAANGMO.
       | 
       | [0] https://polyformproject.org/licenses/
        
       | VoxPelli wrote:
       | If they just wanted to stop AWS they would just put the BSL on
       | top of their previous license:
       | https://perens.com/2017/02/14/bsl-1-1/
       | 
       | That way Amazon couldn't use their code to provide a SaaS until
       | after 4 years and after that time it would be business as usual
       | and be proper open source.
       | 
       | The license they used now is forever non-opensource, which is a
       | much larger change than what's merited here I think.
        
       | tibbydudeza wrote:
       | Amazon is the new Microsoft.
        
         | richardARPANET wrote:
         | *Oracle
        
           | jnsaff2 wrote:
           | I've been at the receiving end of Elastics selling tactics
           | and pricing. Elastic is the new Oracle was my conclusion.
           | IIRC the pricing was along the lines of $12k per CPU Core or
           | GB of RAM. Straight from the nineties.
        
             | aprdm wrote:
             | In my experience it was that by Node regardless of how many
             | cpus or ram the node had.
             | 
             | Regardless very expensive.
        
             | wg0 wrote:
             | And Mongo is something similar as well. Just running single
             | instance (on infrastructure that you pay for) might cost
             | about 3k or more per month.
        
         | nautilus12 wrote:
         | I was told many of the more predatory players from Microsoft
         | left to join Microsoft in the last few years. I need to look
         | into this though.
        
           | jbarberu wrote:
           | "...players from Microsoft left to join Microsoft in...",
           | wat?
        
       | edameme wrote:
       | Interesting, especially in comparison with other motions for Open
       | Source via AWS. Mongo is the other big name that comes to mind,
       | as well as Redis.
        
       | samfisher83 wrote:
       | It seems like Amazon is using their retail strategy here. It is
       | basically white labeling the product. Just find a popular
       | product. Copy the apis and call it amazon x. Open source license
       | make it even easier.
        
         | sn_master wrote:
         | Which is fine as long as they respect the license e.g. keep the
         | result software open source. Amazon is selling compute hours,
         | not software.
        
       | ryan_j_naughton wrote:
       | Can someone help clarify something: the ES license change only
       | affects future releases, right? The previous releases under the
       | previous license are still valid, right?
       | 
       | If so, then my bet is Amazon will begin to treat ES like they do
       | Aurora, namely, they will run their own fork of ES that from this
       | point forward will be a separate code base and will evolve
       | independently but will be "compatible" with anything that would
       | otherwise expect the server to be a normal ES server (like how
       | Aurora is compatible with MYSQL).
        
       | Isognoviastoma wrote:
       | In short, Amazon don't follow law of trademarks. Then, Elastic
       | instead of enforcing their rights in court, changes license in
       | hope that Amazon will follow law of copyright. How do they expect
       | it will work? I don't get it.
        
         | mrkeen wrote:
         | > We've tried every avenue available including going through
         | the courts
        
       | RcouF1uZ4gsC wrote:
       | This is the huge issue with open source. The way to make money is
       | to offer support or hosting. However, many businesses would
       | prefer support and/or hosting from a big enterprise. For example,
       | a lot of CTO's would prefer Amazon Elastic Search vs a separate
       | agreement with Elastic if for no other reason than that there is
       | a single bill and a single entity to call for support. You don't
       | want Elastic saying it's an AWS issue and Amazon saying it's an
       | Elastic issue.
       | 
       | In addition, the fact that API's are not copyrighted makes this
       | even more in favor of the big enterprises like Amazon, as they
       | can release something with the same API.
       | 
       | Honestly, the problem of how to sustain an open source business
       | in this environment is an open question.
        
       | Karunamon wrote:
       | I don't understand how the SSPL is substantially different enough
       | from AGPL to warrant being called "non-OSS" as has been done
       | multiple times in this thread.
       | 
       | It is literally the AGPL, with even stronger copyleft provisions.
       | It is anti-proprietary in the strongest conceivable way. How is
       | that not open source? It does not infringe upon, and goes out of
       | its way to protect, the four freedoms.
        
         | ensignavenger wrote:
         | https://opensource.org/osd
         | 
         | See in particular items 5, 6 and 9.
        
           | Karunamon wrote:
           | That doesn't parse. The SSPL does not discriminate against a
           | person, a group, or a field of endeavor, any more than the
           | GPL "discriminates" against people who distribute modified
           | versions of a program by requiring them to distribute the
           | source code of the changes. Further, the requirement of the
           | SSPL does not cover "distributing with", so point 9 doesn't
           | seem to make sense either.
        
             | richardwhiuk wrote:
             | The main problem is that the license is bad, in the sense
             | that it's vague.
        
       | no_wizard wrote:
       | I never understood why its so hard for Corporations
       | (specifically, US Corporations) to just give back to these
       | projects via corporate charity contributions. I know, this takes
       | away from _other worthy causes too_ in some ways, however, I
       | think we could get massive boosts that help _all_ tides in the
       | long run.
       | 
       | After all, US corporate giving, from a cursory search, in 2019
       | alone was _21.09 billion USD_ [0] if even 1% of that made it
       | toward open source, that would fund an overwhelming amount of
       | projects overnight. Just 1%. And it would be _extremely effective
       | per dollar_ in terms of what society gets back in return.
       | 
       | I don't know why tech companies don't see it this way in
       | particular.
       | 
       | [0]: https://www.nptrust.org/philanthropic-
       | resources/charitable-g....
        
         | jahewson wrote:
         | Open source software development isn't regarded as a social
         | good (legally in the US), it has to be fulfilling some broader
         | charitable purpose.
         | 
         | But such a system would completely change the dynamics of open
         | source, likely in undesirable ways. Keep the money out, I say.
        
         | paxys wrote:
         | Elastic is a $15 billion company. Its investors aren't looking
         | for charity.
        
       | patrickaljord wrote:
       | Their license literally says they have the right to use this code
       | as they're doing, shouldn't be mad at them for that.
       | 
       | Imagine putting a sign on your lawn that says people can walk on
       | your lawn and are even allowed to poop on it if they feel like it
       | and then getting mad at them when they do so.
       | 
       | That being said, I support their right to change their license to
       | whatever they like if it helps them survive as a business or for
       | whatever reason they see fit obviously, more power to them.
        
         | sithadmin wrote:
         | Glancing at the referenced lawsuits[1,2], the point of
         | contention is not that Elastic's open source code is being
         | used. It's that a.) Elastic feels its trademark is being abused
         | in a manner that misrepresents the relationship between Elastic
         | and Amazon, and b.) that Open Distro incorporates code in a
         | manner that explicitly violates Elastic's licensing.
         | 
         | [1]https://images.law.com/contrib/content/uploads/documents/403
         | ...
         | 
         | [2]https://www.courtlistener.com/recap/gov.uscourts.cand.347725
         | ...
        
           | Waterluvian wrote:
           | That tweet about the partnership is a pretty damning exhibit
           | to a trademark infringement suit.
           | 
           | And yeah, "Amazon Elasticsearch Service" completely fooled me
           | for about a week until Google searches revealed enough about
           | how elastic.co isn't just a site promoting Elasticsearch, but
           | was a provider of instance configuration.
        
         | motives wrote:
         | I don't believe the issue most are taking here is the license
         | itself that elasticsearch now has, I think its the relicensing
         | of existing contributions (ironically including those from AWS
         | and their employees) which were originally under a true, well-
         | accepted and liberal FOSS license.
         | 
         | If elasticsearch had this license from day one, that would be
         | fair enough, but many people do not freely contribute time and
         | effort to improving something which is not freely available to
         | all others (whether individual or large corporation).
         | 
         | Elasticsearch is self-victimising here when they are arguably
         | exploiting FOSS contributors good will (though due to the CLA
         | what they are doing is most definitely legal).
        
           | alisonkisk wrote:
           | Elastic is not and legally cannot change the license of code
           | contributed in the past. That code will always carry the
           | original license.
        
             | motives wrote:
             | You are correct, sorry my wording was clumsy and
             | inaccurate. I should have clarified that the project itself
             | is now under a different license, though I believe the net
             | effect is similar to relicensing the original code, as
             | forks are unlikely to be sustainable.
        
           | [deleted]
        
           | jjoonathan wrote:
           | > ironically including those from AWS and their employees
           | 
           | Does AWS ever contribute anything that isn't an AWS
           | integration? I'm not asking rhetorically -- those are the
           | only kind of "contribution" I've ever seen from them.
        
             | motives wrote:
             | Quoting another earlier comment from an elasticsearch
             | thread here, credits to user _msw_
             | (https://news.ycombinator.com/item?id=25783509):
             | https://github.com/elastic/elasticsearch/pull/61400
             | https://github.com/elastic/elasticsearch/pull/59563
             | https://github.com/elastic/elasticsearch/pull/57271
             | https://github.com/elastic/elasticsearch/pull/53643 .
             | 
             | None of the above appear to be related to AWS specific APIs
             | and offer a small sample of total contributions from AWS
             | employees.
        
         | okl wrote:
         | I agree, and if they had a problem with it, why didn't they say
         | so 5 years ago?
        
         | indymike wrote:
         | Most of the issues in the article were about misuse of the
         | Elasticsearch trademark. This seems like a fairly simple
         | problem to deal with. AWS should not be competing with
         | Elasticsearch using it's own trademark. The licensing changes
         | really do nothing to solve the bad behavior by Amazon.
        
         | detritus wrote:
         | I'm just a bystander in this regard as it's not really my
         | domain, but have played around with AWS a bit and I must admit,
         | I didn't realise that ElasticSearch wasn't Amazon's own product
         | per se.
         | 
         | Seems to me that Amazon has grossly overstepped fair play here.
        
         | blackoil wrote:
         | Another view, they opened/maintained a lawn wherein you can
         | come have picnic and may buy some drinks from the store, which
         | covers the cost. Now a super chain opens next to them and uses
         | park as free seating for its customer. So they are adding rule
         | against that.
        
         | eeZah7Ux wrote:
         | No. You are confusing between following FOSS licensing to the
         | letter and following the spirit.
        
         | globular-toast wrote:
         | It's more like having the sign say "feel free to do what you
         | like" then someone poops on the lawn and you sigh and have to
         | update the sign to say "no pooping, though".
         | 
         | Most free/open source software licences come from a different
         | time. In most cases they are applied because the authors want
         | to do open source and it's expected that the licence is enough
         | to uphold that spirit. But it's not enough and hasn't been for
         | a long time now. The AGPL was created for this reason but oddly
         | developers have gone the opposite direction and "permissive"
         | licences have become the fashion. Many of them are now
         | realising there was a reason for licences like GPL and AGPL
         | after all.
        
         | pfsalter wrote:
         | The license for the main Elasticsearch is that, but they have
         | some proprietary features (Machine Learning etc.) which are
         | under a proprietary license. Amazon copied code from another
         | project which had stolen this proprietary code from Elastic and
         | resold it under their own banner.
         | https://www.elastic.co/blog/dear-search-guard-users
        
         | kemitchell wrote:
         | > Their license literally says they have the right to use this
         | code as they're doing, shouldn't be mad at them for that.
         | 
         | Apache 2.0, section 6:
         | 
         | > 6. Trademarks. This License does not grant permission to use
         | the trade names, trademarks, service marks, or product names of
         | the Licensor, except as required for reasonable and customary
         | use in describing the origin of the Work and reproducing the
         | content of the NOTICE file.
        
         | Havoc wrote:
         | >Their license literally says [...]
         | 
         | Hence the license change yes?
        
           | vntok wrote:
           | Too late, licensing changes are not retroactive.
        
         | david_draco wrote:
         | Use the code yes, but not use the trademarks. And also not
         | publicly claim to collaborate when they actually do not give
         | back. That's what they complain about.
        
         | d3nj4l wrote:
         | That is not the point. There is legal and there is good - and
         | simply reiterating that something is legal is unproductive and
         | pointless.
        
           | danShumway wrote:
           | This isn't really the spirit of Open Source though. The point
           | of Open Source is that reuse and modification isn't just
           | technically allowed legally, it's _encouraged_.
           | 
           | I fully support their right to change their licensing, and I
           | understand they may not have thought through the implications
           | of their license -- and I empathize with that. I also
           | empathize with criticism that Amazon isn't doing a great job
           | of supporting the ecosystem that supports them, it would be
           | nice if they did more. And it goes without saying, but I also
           | strongly empathize with the frustration about the borderline
           | trademark infringement that's happening here. That's a
           | completely separate problem.
           | 
           | But I don't like the implication that Open Source licenses
           | are a legal technicality rather than a specific philosophical
           | choice to allow reuse. People don't need to feel guilty about
           | following Open Source licenses, the idea is to encourage
           | reuse -- even by corporations.
           | 
           | We do harm to that movement when we try and backtrack from
           | that philosophy or say, "sure, you have the legal right to
           | reuse the code, but we're going to try and implement
           | social/technical barriers to you doing so." There are plenty
           | of decent source-available licenses projects can use if
           | that's their intent. They carve out exceptions for small-
           | scale reuse while trying to limit companies like Amazon from
           | capitalizing on the ecosystem. And maybe more projects should
           | use those licenses since they more accurately reflect the
           | outcomes that the authors seem to want. There's nothing wrong
           | with having projects that allow only small-scale reuse.
           | 
           | But if someone releases their project as Open Source I'm
           | going to treat it like Open Source, because that's what the
           | movement is about, and trying to reverse the legal progress
           | we've made by constructing new moral barriers in front of
           | reuse is harmful to that movement. When we say that people
           | have a moral right to reuse, adapt, and share our code, we
           | mean it.
        
             | eropple wrote:
             | Open source may be a moral system, but Karl Popper had a
             | thing or two to say about actors who take advantage of the
             | morality of a system for immoral ends. At some point,
             | whether you or I appreciate it, the open source world was
             | bound to have to reinvent a solution to that.
        
               | danShumway wrote:
               | There is a solution to that already, it's called using
               | source available licensing instead of Open Source.
               | 
               | But the point of Open Source is that reciprocity of
               | code/money/value is not required. That's literally the
               | scenario that many of us are trying to build.
               | 
               | It feels like the difference here is that you're looking
               | at "someone builds a giant public hosting service off of
               | our code" as an immoral end. But I'm saying that's not
               | immoral, that is an acceptable result.
               | 
               | It's obviously not the result Elastic wanted, and I
               | empathize with that, but... I don't know, maybe we need
               | to educate people more about what Open Source actually
               | means. Maybe we need to encourage more people to use
               | source available licenses if there's a disconnect in how
               | people understand the actual goals of the movement.
               | 
               | We believe that people have an intrinsic, moral right to
               | share and reuse code. Not just good citizens who help
               | build up the system and support us -- everybody.
        
               | eropple wrote:
               | I will define _freeloading_ by those with the capacity to
               | do otherwise as immoral any day of the week (and AWS
               | functionally does a lot of that), yes, and I will define
               | it in those moral terms regardless of the legal letter of
               | a license. There is an implicit social contract that open
               | source software absolutely and without question relies
               | upon--and yes, large actors owe more in response than
               | small ones in that calculus. When the social contract is
               | abrogated by an actor who is beyond the capacity for
               | shame or for criticism to change their ways--that 's
               | absolutely a problem. This shift of what open source
               | means away from "Amazon, please co-opt and strangle at
               | your leisure" is inevitable, and I don't really think
               | it's wrong.
               | 
               | (I also don't like Elastic as a company, to be clear, and
               | wouldn't shed many tears if they disappeared tomorrow,
               | there's just a hierarchy of dirtbags and they're not near
               | the top.)
               | 
               | As far as encouraging those source-available licenses--
               | that sounds great, except that, in my experience, people
               | with the temerity to offer source-available licenses get
               | treated like shit anyway _because_ they aren 't giving
               | away the farm. So I don't know where we go there, either.
        
               | danShumway wrote:
               | Reusing code is not freeloading in the Open Source
               | (capitalized) movement -- at least, not the kind of
               | freeloading that we'd like to discourage.
               | 
               | I don't know what else I can do as an Open Source
               | developer in my projects and my terminology to imply that
               | when I say, "you can reuse my code for any reason" I
               | actually mean it. I guess traditional Open Source
               | advocates could abandon the entire term and go off and
               | create a brand new movement where we try to make that
               | even more explicit, but people are just going to follow
               | us there and then try to coopt the term again.
               | 
               | > people with the temerity to offer source-available
               | licenses get treated like shit anyway because they aren't
               | giving away the farm
               | 
               | I will call out people who are doing that.
               | 
               | But really, the only comments I have about source
               | available products are:
               | 
               | A) they don't offer all of the advantages of Open Source
               | (although they offer many more benefits than fully
               | closed-source software), and I think that pointing that
               | out is not a moral judgement, just a statement of fact
               | about what the licenses do and do not allow.
               | 
               | B) people who offer source available licenses need to
               | stop saying that they're basically the same as Open
               | Source, or that they're just a subset of Open Source, or
               | that they exist because Open Source has lost its way.
               | 
               | Because the licenses are not the same. All other debates
               | aside, both us at this point in the conversation
               | recognize this, right? You and I are disagreeing about a
               | fundamental philosophy on what rights and moral
               | responsibilities people have around code. You
               | fundamentally disagree with me about whether or not large
               | companies have the right to completely freely reuse
               | permissive code, or whether they have an obligation to
               | pay for it. That disagreement is so large that it affects
               | our attitudes about whether offering large-scale
               | commercial hosting of an Open Source product is _moral_.
               | 
               | And it's fine that you and I disagree on that point, but
               | we can look at that disagreement and say that clearly
               | your goals when licensing software are different than
               | mine. So to me, it seems pretty reasonable that people
               | who have this fundamental disagreement with the OSI
               | should acknowledge that instead of acting like the Open
               | Source movement is broken. It's not broken, it disagrees
               | with you about the goals are in making code available to
               | other people.
               | 
               | It's not people being stubborn, it's not that the OSI
               | doesn't understand the consequences of Open Source, it's
               | that it _does_ understand the consequences of Open Source
               | and it disagrees with you about what consequences are
               | desirable. The Open Source movement doesn 't need shared
               | source advocates to 'save' us, we need them to
               | acknowledge that their goals are different than ours.
        
               | osdev wrote:
               | What's your stance on Dual licensing? I honestly have had
               | mixed Opinions on this, but I finally settled on Dual
               | licensing and/or BSL 1.1 as a nice compromise. I think
               | open source developers create a lot of value, and should
               | have the facility to be compensated and have their
               | passion become their job. Plus this whole Re-Licensing
               | trend toward SSPL/BSL/Dual is IMHO the natural evolution
               | of open-source strategies.
        
               | danShumway wrote:
               | Dual licensing (using the GPL and a separate proprietary
               | license) is kind of a hack solution that takes advantage
               | of the fact that business hate the GPL. It can introduce
               | some problems (it effectively bars you from accepting
               | contributions unless you use a CLA, which many
               | contributors won't do). However, while community is an
               | important part of Open Source, the most important part of
               | Open Source is the lack of restrictions on how people
               | use/modify/share the code, so while people can debate
               | whether or not dual licensing is a good idea, that
               | doesn't mean the GPL stops applying.
               | 
               | Any code that is GPL licensed is Open Source. It might be
               | distasteful to some people to force contributors to sign
               | a CLA, you might get some criticism from some segments of
               | the community, but it's not problematic in a way that
               | means it's fundamentally non-FOSS.
               | 
               | BSL on the other hand is not Open Source, but becomes
               | Open Source at the point where the BSL license expires
               | and is replaced by an Open version.
               | 
               | ----
               | 
               | Personally, I might get some pushback on this, but I
               | actually kind of like BSL more than dual licensing. Dual
               | licensing relies on the fact that people find the GPL
               | toxic. It feels much more to me like a temporary
               | solution, and one that only works by kind of dragging the
               | GPL through the mud. Even among people who don't hate the
               | GPL, it encourages them to think of it as a tool to
               | enforce 'fairness', rather than as a complicated way to
               | use copyright to push towards a world where every user
               | has the rights guaranteed in the GPL for every program
               | they run.
               | 
               | TBH, I vaguely suspect that some of the movement towards
               | SSPL is an evolution of people's attitude towards dual
               | licensing, where they thought that the un-attractiveness
               | of the GPL was the point of the GPL, and now feel like
               | it's not living up to it's 'promise'. The fact that
               | Amazon is able to use GPL code to provide commercial
               | services is seen by those people as a bug, not a feature.
               | 
               | Many of the downsides and restrictions around community
               | contributions with BSL are also present in dual licensing
               | because of the implicit CLA requirements in dual licensed
               | projects. So it's not clear to me that BSL is more
               | harmful to community-built software than dual licensing,
               | and given the above trend, it seems a bit more honest
               | (for lack of a better word).
               | 
               | Because dual licensing doesn't really affect companies
               | like Amazon, it kind of encourages people into these arm
               | races where people say that the GPL has failed in its job
               | because some companies don't hate it (again, the point of
               | the GPL is not to be impossible for companies to use).
               | BSL on the other hand is very straightforward, and
               | because it's upfront about its goals, it's not subject to
               | the same kinds of weird arm races and escalations. You
               | release software as proprietary, we all recognize that
               | it's proprietary and that you want compensation for it,
               | and then at some point it becomes Open Source. That's a
               | really simple model to think about and build around.
               | 
               | ----
               | 
               | But all that being said, code that is licensed under the
               | GPL is Open Source, period, regardless of what other
               | licenses it is simultaneously offered under.
               | 
               | BSL licensed code _before it expires_ is not Open Source
               | or FOSS: it 's proprietary code that later is Open
               | Sourced once a certain amount of commercial value has
               | been extracted from it.
        
               | shawnz wrote:
               | What's the immoral end? That more people are taking
               | advantage of the technology offered in Elasticsearch? To
               | me that seems like a moral and intentional end.
               | 
               | Or is the problem that Elastic can't effectively
               | monopolize that technology which they purposely offered
               | to the world for free? Well, of course not... how can
               | both of those be true at the same time? The choice to
               | release a product as open source is to intentionally
               | prevent it from being monopolized.
        
           | shawnz wrote:
           | I don't think the person you are replying to is making any
           | kind of argument about legality.
           | 
           | I think they are saying that when you tell people something
           | is acceptable, then they can only assume it actually is
           | acceptable to you.
        
             | patrickaljord wrote:
             | Exactly, what Amazon did isn't just legal, it is explicitly
             | specified as OK by the license that the elastic search team
             | selected for their code.
        
               | NeutronStar wrote:
               | "So imagine our surprise when Amazon launched their
               | service in 2015 based on Elasticsearch and called it
               | Amazon Elasticsearch Service. We consider this to be a
               | pretty obvious trademark violation. NOT OK."
               | 
               | Is that legal by your standards?
        
             | Pet_Ant wrote:
             | > I think they are saying that when you tell people
             | something is acceptable, then they can only assume it
             | actually is acceptable to you.
             | 
             | I think that is false. Most things that are said assume
             | that the listener will self-moderate. If I have Crohn's or
             | IBS and I post a sign on my front-lawn saying "bathroom
             | free to use for those in need" I'm not expecting you to
             | pull up a tour-bus full of tourists, move into it and use
             | it as housing, or a sex den for turning tricks. I mean, I
             | should clarify my sign, but honestly if you don't meet me
             | half-way with self-moderation, you are the reason we can't
             | have nice things.
             | 
             | Above all, make sure you always leave money on the table,
             | _especially_ if you are the bigger party.
        
               | matz1 wrote:
               | >I'm not expecting you to pull up a tour-bus full of
               | tourists, move into it and use it as housing, or a sex
               | den for turning tricks
               | 
               | But you should expecting that, you can't assume the
               | listener will self-moderate.
        
               | Pet_Ant wrote:
               | Really? If someone comes over and you say "help yourself
               | to anything in the fridge" you shouldn't expect that
               | someone will take a snack and not clear out your fridge
               | and load up there car with groceries for the week?
        
               | shawnz wrote:
               | Sure, there is something to be said for reciprocating the
               | generosity offered to you by taking only what you need.
               | 
               | I think this can become a complicated game of accounting
               | though. Did Amazon take more than they need or did they
               | just build a useful cloud service on top of a widespread
               | open and free product that was released intentionally
               | under those terms?
               | 
               | When Elastic chose the Apache license, what was the goal?
               | Was it to allow as many people to benefit from the
               | software as possible? If so, Amazon is clearly advancing
               | that goal, not hindering it.
               | 
               | Or is the idea that Amazon is somehow blocking Elastic
               | from competing in the cloud search space? Elastic is
               | growing quite rapidly and Amazon's use of ES seems to
               | have only accelerated that growth, so I don't really buy
               | that either.
               | 
               | Furthermore consider this: Is Elastic reciprocating the
               | generosity offered by Apache and the Lucene project, to
               | which they basically did the same thing that Amazon did
               | to them?
        
         | Jonnax wrote:
         | These things seem like Amazon went beyond just selling their
         | hosted version of Elasticstack:
         | 
         | "When the service launched, imagine our surprise when the
         | Amazon CTO tweeted that the service was released in
         | collaboration with us. It was not. And over the years, we have
         | heard repeatedly that this confusion persists. NOT OK."
         | 
         | "So imagine our surprise when Amazon launched their service in
         | 2015 based on Elasticsearch and called it Amazon Elasticsearch
         | Service. We consider this to be a pretty obvious trademark
         | violation. NOT OK."
         | 
         | "When Amazon announced their Open Distro for Elasticsearch
         | fork, they used code that we believe was copied by a third
         | party from our commercial code and provided it as part of the
         | Open Distro project. We believe this further divided our
         | community and drove additional confusion. "
        
           | patrickaljord wrote:
           | > "When the service launched, imagine our surprise when the
           | Amazon CTO tweeted that the service was released in
           | collaboration with us. It was not. And over the years, we
           | have heard repeatedly that this confusion persists. NOT OK."
           | 
           | This just means their CTO was sloppy, Amazon legal department
           | would have never allowed that tweet.
           | 
           | > "So imagine our surprise when Amazon launched their service
           | in 2015 based on Elasticsearch and called it Amazon
           | Elasticsearch Service. We consider this to be a pretty
           | obvious trademark violation. NOT OK."
           | 
           | This is a trademark violation indeed though IANAL, it doesn't
           | require a change to the license to attack them for that.
           | Definitely an abuse of power by Amazon though, completely not
           | ok as they don't care about paying a fine for that, they have
           | all the money in the world. But again, not related to the
           | license thing.
           | 
           | > "When Amazon announced their Open Distro for Elasticsearch
           | fork, they used code that we believe was copied by a third
           | party from our commercial code and provided it as part of the
           | Open Distro project. We believe this further divided our
           | community and drove additional confusion. "
           | 
           | Elastic was known to mix proprietary and open source code and
           | it got to a point where few people knew what was open source
           | and what was not. Many people were not happy with this
           | situation and elastic.co was abusing the situation to charge
           | paid licenses as people were scared of using proprietary code
           | without knowing. The work amazon did to remove all
           | proprietary code from they fork was actually welcomed by the
           | community though I'm not surprised they missed some as it was
           | really hard to tell.
        
             | blackbrokkoli wrote:
             | > This just means their CTO was sloppy, Amazon legal
             | department would have never allowed that tweet.
             | 
             | Sure, but we are not talking about "the intern tweeted
             | something incorrect, gather your pitchforks until they
             | delete it".
             | 
             | We are talking about a prolonged time span where AWS
             | completely abused their massive size and market tower to
             | basically do the legal and PR equivalent of laughing in the
             | face of another company they were using and abusing.
             | Details aside, that is a pretty grim view for the world of
             | software, no?
        
               | [deleted]
        
             | ignoramous wrote:
             | > _This just means their CTO was sloppy, Amazon legal
             | department would have never allowed that tweet._
             | 
             | But the tweet is still up:
             | https://twitter.com/Werner/status/649738362086027265
             | (archive: https://archive.is/0py42)
             | 
             | Pretty sure legal has reviewed it like a 100 times by now:
             | AWS' taking no prisoners here.
        
               | richardwhiuk wrote:
               | It's not completely wrong. Using an open-source code to
               | make something new is, to some extent, colloboration.
        
             | RIMR wrote:
             | >This just means their CTO was sloppy, Amazon legal
             | department would have never allowed that tweet.
             | 
             | Surely the legal department would have issued some sort of
             | retraction. Can you find it?
             | 
             | >Definitely an abuse of power by Amazon
             | 
             | Yeah, that's what we're saying.
             | 
             | >people were scared of using proprietary code without
             | knowing...I'm not surprised they missed some as it was
             | really hard to tell.
             | 
             | Amazon is a trillion dollar company that has every
             | capability of doing their due diligence. Sloppy
             | communication, abuse of trademarks and stealing proprietary
             | code are all inexcusable behaviors by a company with the
             | size and power that Amazon has.
             | 
             | You're describing the problem as if it were the excuse.
             | Amazon abused their power, stole proprietary code, abused a
             | trademark, and violated the culture of the open source
             | community whose code they were leveraging for profit.
             | There's no excuse for it, even if it was somehow legal -
             | and I don't suspect it was. I suspect that Amazon knows
             | it's not legal - they just figure they can get away with
             | it.
        
             | mikepurvis wrote:
             | > This just means their CTO was sloppy, Amazon legal
             | department would have never allowed that tweet.
             | 
             | And Elastic tried going the legal route:
             | 
             | https://searchaws.techtarget.com/news/252471650/AWS-faces-
             | El...
             | 
             | It sounds like their whole issue was about confusion in the
             | marketplace, though, and when someone does an oopsie that
             | results in that kind of confusion, it may not be enough to
             | take care of it quietly, on the side. So it seems now
             | Elastic is making more noise, in an effort to clarify
             | things more publicly.
        
           | eznzt wrote:
           | > "So imagine our surprise when Amazon launched their service
           | in 2015 based on Elasticsearch and called it Amazon
           | Elasticsearch Service. We consider this to be a pretty
           | obvious trademark violation. NOT OK."
           | 
           | I don't understand. If I have an ISP and I offer mysql
           | servers, can't I call that offering "Eznzt MySQL Service"?
        
             | marcosdumay wrote:
             | Is it exactly MySQL (but hosted by Eznzt) or is it
             | something mostly like MySQL but different?
        
             | sithadmin wrote:
             | IANAL, but my understanding is that including the software
             | package in the product/service name this would potentially
             | open your company up to a trademark suit, because it
             | potentiates customer confusion regarding the things that
             | Elastic is complaining about w/r/t Amazon's offerings of
             | Elasticsearch.
             | 
             | Personally, I find that thinking about this issue seems
             | more intuitive when imagining tangible physical products.
             | Imagine that Amazon decides to enter the Cookies as a
             | Service market, and starts launching service offerings with
             | names like 'Oreos by Amazon'. At a glance, would one not
             | assume that this was some sort of collaborative effort
             | between Nabisco and Amazon? I think the average consumer
             | _would_. And the same probably applies in a situation
             | involving a software product.
        
             | prepend wrote:
             | I'm confused too. IANAL but this seems like it's a clear
             | use of trademark.
             | 
             | Amazon sells Hershey bars through its site. I don't think
             | it needs to get permission to say "here's the subscribe and
             | save service to buy Hershey bars."
             | 
             | I think the confusion is whether ElasticCo is endorsing or
             | part of the service offering. So it should be clear that
             | the offering isn't by ElasticCo.
             | 
             | Back to the chocolate example, as long as Amazon doesn't
             | make it seem like Hershey is endorsing their site or
             | offering the product they should be clear. I've seen this
             | tucked into the fine print on stuff where it says that just
             | because they are selling Hershey it has nothing to do with
             | Hershey the company.
             | 
             | It seems odd that the company wouldn't want it to be called
             | AWS ElasticSearch as that's what it is. ElasticSearch
             | software sold as a service by AWS. Calling it something
             | else is more confusing.
        
               | Yeroc wrote:
               | It's a bit more muddled then that since AWS isn't using
               | the true ElasticSearch bits but rather an OpenDistro fork
               | of it that they created themselves. So is it still
               | ElasticSearch? Mostly, but it's not exactly the same
               | thing either. But of course AWS would want to leverage
               | the name recognition of ElasticSearch...
        
             | fipar wrote:
             | I checked again, and the guidelines with Oracle are similar
             | to what they were with MySQL AB:
             | https://www.oracle.com/legal/trademarks.html
             | 
             | Specifically to your example (I think), see "Company,
             | Product or Service Names ", where it states the following:
             | 
             | > Do not use Oracle trademarks or potentially confusing
             | variations as all or part of your company, product or
             | service names. If you wish to note the relationship of your
             | products or services to Oracle products or services, please
             | use an appropriate tag line as detailed above. For example,
             | "XYZ for Oracle database" not "OraXYZ or XYZ Oracle"
        
             | fipar wrote:
             | Last time I checked, no, you couldn't. You could instead
             | call the offering "Eznzt Service for MySQL".
             | 
             | A long time ago I had an open source project to manage
             | mysql replication topologies, and I called it mysql-ha. At
             | some point, they reached out to me about the trademark
             | infringement.
             | 
             | They were nice about it, I did not get a legal notice or
             | anything, just a contact from a MySQL employee pointing me
             | to their policy (as in my response to your example: I could
             | have called it ha-for-mysql), and requesting that I changed
             | the name to make it compliant. I ended up with a full
             | rename (called it highbase) and they were kind enough to
             | give me a one year free subscription to MySQL Enterprise as
             | a token of appreciation for my change.
             | 
             | In way that I think is interesting regarding the AWS and
             | Elastic situation, what MySQL's trademark policy intended
             | was to avoid the situation in which a third party could be
             | confused by a product or project name (mysql-ha in my case)
             | as to believe that MySQL, the company, was behind the
             | offering. So any use of the trademark that made it clear
             | they were not involved (as in the "X for MySQL" vs. "MySQL
             | X") was ok.
        
             | Macha wrote:
             | Given that Elastic are describing that they've tried every
             | option, I including legal ones and Amazon elasticsearch
             | service is still named as such, it would seem it at least
             | isn't as clear cut as elastic believes
        
               | indymike wrote:
               | Or they have not had their day in court. Trademark
               | litigation is usually pretty straightforward.
        
               | [deleted]
        
         | nrmitchi wrote:
         | > Imagine putting a sign on your lawn that says people can walk
         | on your lawn and are even allowed to poop on it if they feel
         | like it and then getting mad at them when they do so.
         | 
         | I mean, sure. Someone can poop on the lawn.
         | 
         | There is a difference between that, and some business coming
         | along with a dump truck full of shit that they then dump on the
         | lawn, and I'm sure you understand that.
        
           | signal11 wrote:
           | While the imagery is evocative, scale of usage isn't a factor
           | in open source licenses, so the metaphor sort of breaks
           | apart. Sun found that out the hard way -- IBM probably
           | profited off Java way more than pre-acquisition Sun.
        
           | whoknew1122 wrote:
           | > "There is a difference between that, and some business
           | coming along with a dump truck full of shit that they then
           | dump on the lawn, and I'm sure you understand that."
           | 
           | Is there a difference? The sign never said how much shit
           | could be deposited on your lawn.
        
           | wokwokwok wrote:
           | This is meaningless analogy; no one is pooping here.
           | 
           | Whats happening is they're selling the same product; legally
           | they're entitled to do so.
           | 
           | They're selling it in a deceptive (perhaps even legally
           | dubious way), and thats not ok; but forget that, this has
           | nothing really to do with being the good guys for open source
           | and amazon being the bad guys, thats just the _narrative_
           | that the elastic PR folk are putting out.
           | 
           | What's happening here is being out-competed by people selling
           | the same product, because despite being technically inferior
           | (in my view) the competition can sell more of it more cheaply
           | and not really care about the margins.
           | 
           | So... yes, I'm sympathetic, but this PR dance we go through
           | every time pains me.
           | 
           | Just say it: we're struggling. We cant compete with Amazon on
           | equal terms, so we're changing the license to force them to
           | pay us royalties, or stop selling it.
           | 
           | You're _not_ doing it from the goodness of your heart, and if
           | amazon wasn't kicking your ass, you wouldn't care, you'd just
           | be laughing at them "trying to run a cloud version of
           | elastic, ha!". ...but amazon is very very good at that,
           | actually, and very good at selling it.
           | 
           | Who's going to judge you for not having amazons scale? No
           | one; but they're not being dicks, they're doing their jobs,
           | very successfully.
           | 
           | If you don't like losing, that's perfectly ok, no one does...
           | but it doesnt make them bad, it just means they're better at
           | it than you.
           | 
           | Changing things to preserve your competitive edge is totally
           | ok; but I don't think its right to spin this us-them AWS is
           | the evil empire narrative; youre in this situation because of
           | the decisions _you made_ , take a bit of humble pie and
           | acknowledge responsibility for it as well.
        
             | alisonkisk wrote:
             | Why do you feel the need to to free PR work for Amazon?
             | Amazon has no respect for its business partners, let alone
             | competitors or employees; why should the Elastic team have
             | an obligation to not be mad? Mad is a human emotion.
        
             | drm237 wrote:
             | "and thats not ok; but forget that"
             | 
             | Why do we need to forget the trademark infringement?
             | 
             | If Amazon is engaging in trademark infringement, lying
             | about their connection\collaboration with the trademark
             | holder, and including commercially licensed technology in
             | an open source fork of a project, they are acting very
             | poorly. Your argument of Amazon just being able to execute
             | better falls flat if these facts are true and it means
             | they're cheating, and that deserves some recognition.
        
           | prepend wrote:
           | Imagine the sign says "(and that includes businesses with
           | giant dump trucks, please bring it on)"
           | 
           | Because that's what the license they used said.
        
       | dhd415 wrote:
       | Elastic's other blog post with a clarification about their recent
       | license change is also interesting:
       | https://www.elastic.co/blog/license-change-clarification.
       | Apparently, they're considering further license changes such as
       | MariaDB's Business Source License in which code is usable for
       | anything other than offering the product itself as a service but
       | becomes fully open source (including SaaS) after 3-5 years. That
       | makes it pretty clear that it's meant strictly for competition
       | with AWS.
        
         | granzymes wrote:
         | Thank you. I skimmed the linked article and saw only ranting.
         | Maybe we can change the link to this post?
        
           | twobitshifter wrote:
           | > hack the source code to grant yourself access to our paid
           | features without a subscription, or the use of modified
           | versions in production.
           | 
           | I think the change that you can't modify the code and use it
           | yourself in production is a big change that is glossed over.
           | ES is now free as in beer. You can look at the code but you
           | can't touch it or change what it does.
           | 
           | Edit: I was wrong about this. The license itself does not say
           | this, but the blog post seemed to indicate that it was a
           | change. I think it's an exclusive inclusive or problem.
        
             | amenod wrote:
             | This is false. License [0] clearly states the conditions
             | under which you can do it and they seem pretty reasonable.
             | Nothing that a normal user, faced with an issue they want
             | to fix, wouldn't accept. I imagine Amazon would have
             | trouble accepting those and other terms, but that's the
             | whole idea.
             | 
             | [0] https://www.mongodb.com/licensing/server-side-public-
             | license
        
           | elliekelly wrote:
           | I read the whole linked article and was disappointed there
           | was no explanation of the license changes they made - only
           | justifications for the change.
        
             | rovr138 wrote:
             | I think the title covers that this is "why" the change
             | occurred. Not the explanation of the license they changed
             | to.
        
               | elliekelly wrote:
               | That's fair, if perhaps a bit pedantic. I suppose I was
               | expecting some explanation of why the language of the new
               | license would address these "whys" as opposed to just a
               | list of grievances.
        
           | the_local_host wrote:
           | I kept feeling like I was reading the same thing over and
           | over and just not finding out what exactly Amazon is doing
           | now that it won't be able to do in the future. Skimming the
           | links to the blog post and FAQ didn't help much.
           | 
           | Whatever it is it's pretty deep in the weeds. It looks like
           | the intent is for most users to be unaffected; non-AWS cloud
           | providers to be unaffected; even AWS's Elastic Cloud to be
           | unaffected; but AWS has to stop doing something with specific
           | regard to Elastic Search and I can't figure out what it is.
        
         | elliekelly wrote:
         | > Then after a period of time, typically 3-4 years, but not
         | more than 5 years, the restrictions lapse, and the source code
         | automatically converts to an Open Source license, in our case
         | Apache 2.0.
         | 
         | I'm not familiar with this type of license. Any idea how/when
         | this time frame is decided? Is it 3-5 years from software
         | release?
         | 
         | I guess I'm confused by the use of "automatically converts"
         | with a vague timeline. If it's automatic why isn't the time of
         | "automatic" conversion more definitively known? What's the
         | event that triggers the change?
        
           | VoxPelli wrote:
           | Good explanation here: https://perens.com/2017/02/14/bsl-1-1/
           | 
           | It's from the day that the code is released under the license
           | and the four years is the max under BSL (so that people know
           | roughly what the "worst case scenario" it a BSL licensed
           | software would be) but can be specified to be shorter by the
           | one releasing code under it.
        
           | fencepost wrote:
           | Not sure if it's still the case but Ghostscript is or was
           | like this - a licenseable current version possibly with extra
           | commercially relevant features (e.g. PCL) plus an open source
           | older version.
           | 
           | Edit: https://artifex.com/licensing/commercial/ notably this
           | lets you avoid concerns about integrating GPL with your
           | commercial offering.
        
           | alisonkisk wrote:
           | https://mariadb.com/bsl-faq-mariadb/
           | 
           | An individual instance of license will say "the covered code
           | is usable under Foo license from Year-Month-Day"
        
         | mariuz wrote:
         | Related article Uproar: MariaDB Corp. veers away from open
         | source https://www.infoworld.com/article/3109213/open-source-
         | uproar...
        
           | dehrmann wrote:
           | That's pretty ironic considering MariaDB's history.
        
         | VoxPelli wrote:
         | Great post, thanks, had totally missed that, great that they
         | are evaluating BSL as well, this should really get up there on
         | the HN front page as well.
        
       | say_it_as_it_is wrote:
       | "When the service launched, imagine our surprise when the Amazon
       | CTO tweeted that the service was released in collaboration with
       | us. It was not. And over the years, we have heard repeatedly that
       | this confusion persists. NOT OK."
        
       | dang wrote:
       | Threads are paginated for performance reasons (yes we're working
       | on it), so to see the rest of the comments you need to click More
       | at the bottom of the page, or like this:
       | 
       | https://news.ycombinator.com/item?id=25833781&p=2
        
       | wazoox wrote:
       | Amazon illegally uses the ElasticSearch trademark. Amazon
       | illegally uses and distributes proprietary Elastic's code. Why do
       | people in the thread keeps repeating that it's OK while it's very
       | obviously abuse by a too-powerful company?
       | 
       | More generally I can't understand (and can't stand either) why
       | people keep defending monopolists on HN. Monopolies are bad,
       | morally, economically, in all sort of ways. They fuel abuse and
       | everyone loses in the end but the handful of plutocrats that
       | control Amazon, Google, Facebook, Microsoft etc.
        
         | ydlr wrote:
         | > Amazon illegally uses the ElasticSearch trademark.
         | 
         | If we accept Elastic's interpretation of trademark law, all
         | retail is illegal.
         | 
         | I bought some break cereal at Walmart this morning that clearly
         | displayed a "Kellog" trademark. Walk down any isle of the
         | store, unauthorized use of trademarks as far as the eye can
         | see. NOT OK.
        
         | Spivak wrote:
         | If it ends up being ruled that Amazon infringed on Elastic's
         | trademark (their case here is pretty flimsy) or copied
         | Elastic's proprietary code then Amazon deserves to get raked
         | over the coals for copyright infringement.
         | 
         | But Amazon offering hosted Elasticsearch and forking the
         | project is something that I think is okay. It sucks for Elastic
         | but it's good for customers. Amazon is driving the cost of
         | hosted Elasticsearch down closer to its real costs which will
         | always out-compete Elastic who's trying to use their margin to
         | fund development as well. So many businesses fall into the trap
         | of not charging for their actual value and get eaten when
         | someone else is better at their paid complementary services.
         | Elastic's value is the software, not their hosting abilities.
        
           | wizcaps wrote:
           | The entitlement in this thread is staggering.
           | 
           | > It sucks for Elastic but it's good for customers.
           | 
           | Everyone is seemingly happy with ES not being able to
           | monetise the product they build for the community, to
           | subsidise the thousands of developer hours spent on it, so
           | their company can save a few dollars. They (you) would rather
           | than money go to Amazon for providing.. nothing to the ES
           | community.
        
             | Spivak wrote:
             | No, I would rather ES built a sustainable business selling
             | their software with a normal licensing model that makes
             | sure they're getting paid no matter who's hosting it. In
             | that world it doesn't matter if AWS or Google or Microsoft
             | or anyone else want to offer hosted versions of it because
             | ES still gets their cut.
             | 
             | But co-opting open source to grow your user-base and then
             | switching your license because you don't like the reality
             | of what open source actually entails leaves a bad taste in
             | everyone's mouth.
        
         | dd_roger wrote:
         | Neither of these issues have anything to do with the license.
         | 
         | Either Elastic's code used by Amazon is indeed stolen
         | proprietary code and no licensing change is needed to obtain
         | reparation, or Amazon is making lawful use of FOSS source code
         | and the question boils down to "if I publish code under a FOSS
         | license, can anybody use it?", to which the answer is obviously
         | yes. And if you'd prefer it to be "no" then don't publish FOSS.
         | 
         | Regarding the trademark, this indeed seems (to my non-lawyer
         | eyes) to be an infringement (or extremely borderline at the
         | very least) but isn't related to licensing.
        
           | FemmeAndroid wrote:
           | The trademark has to do with licensing insofar as if a major
           | reseller of your OSS licensed product will infringe on your
           | trademark, the easiest solution might be to modify the
           | license. Especially when the alternative is lengthy trademark
           | disputes with a huge company with a lot of lawyers.
           | 
           | At the end of the day offering an OSS license becomes less
           | viable when it seems like major players aren't playing
           | fairly.
        
           | richardwhiuk wrote:
           | IANAL but I don't think this is infringing.
           | 
           | Your allowed to sell Apple Macs and advertise them as "Bob's
           | Apple Mac store" without paying any royalties to Apple.
           | 
           | Similarly, Amazon can deploy the open-source ElasticSearch
           | product, and deploy it, unaltered using the trademark.
        
             | nwallin wrote:
             | > Your allowed to sell Apple Macs and advertise them as
             | "Bob's Apple Mac store" without paying any royalties to
             | Apple.
             | 
             | I don't think you can name your store "Bob Apple Mac
             | Store". You can advertise that you can buy an Apple Mac at
             | "Bob's Computer Store".
        
         | [deleted]
        
         | jaaron wrote:
         | Amazon's poor behavior doesn't excuse Elastic's poor behavior.
         | 
         | Amazon's violation of Elastic's trademark is an issue between
         | two companies: Amazon & Elastic. Elastic has the courts
         | available to them to pursue their case.
         | 
         | Elastric's change of license affects the larger open source and
         | technical communities and it's understandable that contributors
         | who supported the open source project are upset when Elastic
         | changes the nature of the relationship.
        
         | kstrauser wrote:
         | > Amazon illegally uses the ElasticSearch trademark. Amazon
         | illegally uses and distributes proprietary Elastic's code.
         | 
         | Those are interesting and specific accusations. Got any proof?
        
           | patch_cable wrote:
           | There is a link in the article to a separate post:
           | https://www.elastic.co/blog/dear-search-guard-users-
           | includin.... I think this is what it is referring to.
        
             | nenolod wrote:
             | I read that article and it is very redolent of what SCO
             | argued back in the day. If they had actual proof, they
             | would take legal action against the author of that plugin.
        
               | bonzini wrote:
               | They did in September 2019. Is literally the first
               | sentence of the linked article and it links to
               | https://www.elastic.co/blog/dear-search-guard-users.
               | 
               | I am not sure of the outcome.
        
               | joshuaissac wrote:
               | > I read that article [...] If they had actual proof,
               | they would take legal action against the author of that
               | plugin.
               | 
               | The first sentence of that article:
               | 
               | > Back on September 4th, we filed a lawsuit against
               | floragunn GmbH, the makers of Search Guard, a security
               | plugin for Elasticsearch
        
               | nenolod wrote:
               | Yeah? SCO sued a bunch of people too. They haven't won,
               | though.
        
           | wazoox wrote:
           | That's right in the article.
        
       | sm4rk0 wrote:
       | Not defending anyone here, just adding another (AWS) perspective:
       | 
       | https://aws.amazon.com/blogs/opensource/keeping-open-source-...
        
       | cactus2093 wrote:
       | What's the difference between what Amazon does with Elasticsearch
       | vs what someone like Redhat does with the Linux kernel? Or what
       | every hosting provider including AWS does with the Linux kernel,
       | sell access to a service that is running that software.
       | 
       | I get that Elasticsearch wants to run their own company, but I
       | really have no sympathy for their arguments here. They released
       | open source software and now are mad that it is taking on a life
       | of its own that they don't 100% control. That's the whole point
       | of open source as far as I'm concerned, other people can do stuff
       | you might not have expected with your code.
       | 
       | Now they're making it more closed going forward, which is fine
       | and is certainly their right to do. But this argument is so
       | bizarre, instead of saying that we tried to do this open source
       | but unfortunately it makes it too difficult for us as a business
       | so we're closing things off, they're trying to spin it as they
       | are the true, good defenders of open source fighting against the
       | forces of evil by closing off their licensing further.
        
         | anticristi wrote:
         | This. Elastic produced a product that is popular _because_ it
         | 's open source. (The closed source version of ES is called
         | Splunk or DataDog.) Now they are pissed off that they can't
         | profit from its popularity. I feel their sadness, but I don't
         | think Amazon is the problem. Even before Amazon many non-
         | Elastic hosted ES offers appeared (logz.io ?).
         | 
         | I would hate to be in their shoes, but it brings a valuable
         | lesson to future entrepreneurs: Do fill the "unfair advantage"
         | box in your business canvas.
        
           | viraptor wrote:
           | > The closed source version of ES is called Splunk or
           | DataDog.
           | 
           | No, these are services which probably use some kind of
           | search/indexing service in their implementation. They don't
           | provide a database interface.
           | 
           | The closed alternative would be something like Algolia or
           | Azure Search.
        
         | jamra wrote:
         | Did you read the blog post? They are mad about trademark
         | violation and an allegation that their commercial code has been
         | ripped off by Amazon through a third party. They have
         | Elasticsearch trademarked and you can't use their name with
         | your name on it. In their mind, it is a violation.
        
           | cactus2093 wrote:
           | Yes but how does changing their license affect a trademark?
           | If they are legally in the right and this is a violation of
           | their trademark they should win their lawsuit about it
           | regardless.
           | 
           | Also my initial question was not purely rhetorical, I would
           | assume "Linux" is also trademarked so I'm wondering what is
           | the difference there and why Redhat selling RHEL has not been
           | the same problem.
        
             | Omie6541 wrote:
             | I think it's not the same problem because Red Hat
             | contributes heavily back to Linux kernel
        
             | richardwhiuk wrote:
             | I think they'll lose the trademark case.
        
             | hvis wrote:
             | Because Linus has no problems with Red Hat? And because Red
             | Hat employs a lot of the key contributors to the Linux
             | kernel?
             | 
             | Also: https://www.infoworld.com/article/2671387/linus-gets-
             | tough-o...
        
               | [deleted]
        
               | cactus2093 wrote:
               | I don't think Redhat could have built their whole
               | business on the just the implied understanding that Linus
               | is cool with it. I'm more talking about the trademark
               | issue, did they legally get the right to use the Linux
               | trademark in some way that Amazon Elasticsearch didn't?
               | Just curious if there is any substance to what Elastic is
               | claiming here or if it's purely a PR stunt.
               | 
               | Edit: based on the Linux Foundation link in another
               | comment, it seems they have a clear process for
               | sublicensing the trademark. So I guess Elastic is
               | claiming AWS just launched their ES service without their
               | legal team ever having bothered looking into the
               | trademark? That seems very strange for such a large
               | company.
        
             | jrv wrote:
             | See https://www.linuxfoundation.org/the-linux-mark/
        
         | fieldcny wrote:
         | These are not comparable situations.
         | 
         | In addition to redhat employing a large number of kernel
         | contributors, ElasticSearch is a complete product the Linux
         | kernel is just a piece of the overall redhat product. The
         | kernel in and of itself is useless. Also redhat provides source
         | rpms for every non-proprietary app/utility that makes up the
         | redhat product.
         | 
         | A more comparable situation would be redhat and centos, and to
         | the point that Elastic is making, redhat is very protective of
         | their trademarks with regards to the CentOs project, they have
         | never stood for and would never stand for a situation like
         | this.
        
         | BossingAround wrote:
         | > What's the difference between what Amazon does with
         | Elasticsearch vs what someone like Redhat does with the Linux
         | kernel?
         | 
         | Red Hat is a top 2-4 contributor to the Linux kernel though,
         | depending on what source (and year) you take a look (e.g. [1]).
         | 
         | The big difference is that Amazon doesn't contribute back. The
         | comparison seems misguided at best.
         | 
         | [1] https://www.phoronix.com/scan.php?page=news_item&px=Linux-
         | Gi...
        
           | [deleted]
        
           | thefreeman wrote:
           | The real problem that Elastic doesn't like is that amazon
           | reimplements features as part of their core offering that ES
           | tries to charge for. I'm sure they would have no problem
           | contributing back but Elastic doesn't want these features to
           | become part of the core offering.
        
             | anticristi wrote:
             | This sounds like the Docker Inc and Red Hat dance again.
             | Red Hat wanted tighter integration with systemd, Docker Inc
             | not. The debate ended with Red Hat doing:
             | alias docker=podman
        
               | viraptor wrote:
               | One of the debates ended. But since it's not a complete
               | replacement, or started some more debates.
        
       | blackbrokkoli wrote:
       | A lot of comments here are discussing the greater implications of
       | OSS and the like - which is appropriate. But can we take a minute
       | to talk about AWS' specific, egregious behavior?
       | 
       | Blatantly stealing the trademark, not even entering negotiations.
       | Lying on Twitter about being in a partnership with a company when
       | they are not is the kind of behavior I expect from a shady
       | sneakers reseller on Reddit, not AWS. In my book, this is
       | shockingly unprofessional and indicates some serious rot as a
       | company...
        
       | alexkidd wrote:
       | Waiting for some FAANG employee saying that "Elastic didn't
       | understand the open source ideology"
        
       | [deleted]
        
       | nenolod wrote:
       | Incidentally, the fact that it is OK to use Apache-2 licensed
       | components inside projects licensed as SSPL is probably a net
       | negative for free software moving forward as there will be more
       | of these companies which do this in the future. It doesn't end
       | with Elastic.
        
       | dd_roger wrote:
       | I have a hard time understanding the point of the author.
       | 
       | If Amazon is infringing a trademark (which indeed seems to be the
       | case in my non-expert eyes), reparation should/could be obtained
       | before a court regardless of the license of the code.
       | 
       | If the author has a problem with his FOSS software being used by
       | an entity he doesn't like then he is in disagreement with the
       | FOSS ideal at its core, this is a perfectly respectable opinion
       | but don't blame it on Amazon.
        
       | tardyp wrote:
       | So what happens with https://sematext.com/ ? Outside of AWS, they
       | use open-distro and do compete with elastic.co. Will they just go
       | out of business by not being able to upgrade elastic?
        
       | 015a wrote:
       | The SSPL is a sham of an open source license. Its written (and
       | named!) in a way to convince shallow readers that its just a
       | service-oriented version of the GPL, but its practically
       | impossible to fulfill the terms of this license in a way which
       | enables third parties to legally host the so-called "open source
       | software". That's the point of the SSPL; to make sure the company
       | who created the so-called open source software is the only
       | company that can monetize it. Does that sound like the state
       | Linux is in to you?
       | 
       | The core legal requirement the GPL puts on distributors is that
       | modifications must also be made open source. That's powerful, and
       | attainable. The core legal requirement the SSPL puts on "third-
       | party distributors" is the requirement that all the source code
       | for that distributor's service must be made open source. First:
       | It doesn't even apply to Elastic. Second: Binaries are discrete;
       | services are networked, often involving many pieces, and there's
       | no strong legal definition for what "service" means in the SSPL.
       | 
       | MongoDB invented it, submitted it to OSI for approval in 2018,
       | then withdrew the application in 2019. Its still not an OSI
       | approved license. Every major linux distro ceased distributing
       | MongoDB upon the relicense, under concerns that its not actually
       | an open source license.
       | 
       | Elastic wants to keep the conversation focused on AWS. Look, I
       | like AWS, but they can be pretty icky, I get that. However, this
       | is not a dichotomy. Elastic betrayed the open source community.
       | They started with open source as a major selling point of
       | elasticsearch, used that selling point to gain traction and
       | users; many of whom did not pay elastic for the service, to be
       | sure. When they had secured a moat of success, they flipped the
       | license to one that is not open source, and now those users are
       | forced to come to elastic for support.
       | 
       | Elastic should be able to make money. In the spirit of that, we
       | just need to be clear: They're effectively no better than, say,
       | Algolia. Yeah, I can read the source code. I can't really change
       | it in a meaningful way. I can self-host (which I can do with many
       | closed-source products). I can't sub-contract a specialist like
       | AWS to manage it for me. Them switching to the SSPL is "fine".
       | They're just not an open source company anymore. This is not an
       | "AWS is evil, Elastic is great" situation; this is a "they're
       | both companies who do some good things and some evil things, but
       | above all else they care about money" situation. There _are_ true
       | open source projects which aren 't like this; elasticsearch was
       | one of these, it isn't anymore, and we should focus on supporting
       | products which support their users back, not ones which are built
       | to support The Company.
        
       | tareqak wrote:
       | I remember there being a few posts about companies/foundations
       | relicensing their code in about the last three months. Their
       | approach was relicense to be AGPLv3 for their OSS license and
       | allowing interested parties to pay for a commercial license.
       | However, contributors had to license their code as both AGPLv3
       | and BSD if I remember correctly.
       | 
       | Does anyone using the above approach have any comments about how
       | well this approach is working for them?
        
       | nickjj wrote:
       | Thank you for writing this up.
       | 
       | It kind of hit home for me because I recently had an issue with
       | an unrelated company that has gotten 100 million+ in funding take
       | advantage of my work by removing my name from the content, openly
       | discredit my work under false claims and attempted to steal money
       | from me multiple times while I've done nothing but help grow
       | their business and ask for nothing in return other than our
       | agreed upon compensation.
       | 
       | What I got from this write up is there's always going to be
       | people and corporations out there who do their best to take
       | advantage of you for the sake of profiting off your work using
       | whatever means necessary, even if it's maybe illegal. I pity
       | companies like this, especially the people who are making the
       | decisions because that's the legacy they are leaving behind and
       | if they happen to have children, they are probably forcing that
       | mindset onto them as well.
        
       | brodouevencode wrote:
       | They kinda do the same with Redis.
        
         | rsstack wrote:
         | Redis itself is proper open source. There are a few modules,
         | completely separate from the Redis code base, that aren't open
         | source (even though Redis Labs will claim they are, like how
         | Elastic claim Elasticsearch is open source).
         | 
         | The other non-open-source-but-wants-open-source-clout is Mongo.
        
           | brodouevencode wrote:
           | I think it's more about the source of the revenue stream.
           | Redis (from what I know, which is minimal) relies more on
           | support - they have a hosted solution but support/licensing
           | of modules is where they really make money. Elastic relies on
           | hosting - they've invested a lot in infrastructure.
        
             | rsstack wrote:
             | This isn't true. Modules are free (unless you're a hosting
             | competitor) so there is no licensing revenue there. They
             | might be charging a handful of enterprise customers for
             | special module support, but that isn't their main revenue
             | stream. Their revenue is from Redis Enterprise which is a
             | Redis hosting solution (managed cloud, unmanaged cloud or
             | on-prem). Redis Enterprise is entirely closed-source, but
             | it's an infrastructure management system and not a data
             | store (it isn't Redis).
        
             | kristoff_it wrote:
             | Redis Labs only supports Redis Enterprise. They're not in
             | the business of offering support for Redis.
        
             | paxys wrote:
             | No, the difference is that Elastic is a massive $15 billion
             | company which needs more revenue to survive, while Redis is
             | still largely run by one person.
        
               | rsstack wrote:
               | This isn't true. Salvatore retired earlier this year.
               | Redis is run, more or less, by Redis Labs which is valued
               | at $1 billion.
        
         | antirez wrote:
         | That's incredible. After two years and many other databases
         | really going non opensource, Redis, the only one that really
         | stayed BSD, is still victim of this misinformation that claims
         | it is no longer open source. Folks, we are supposed to be a bit
         | more informed than the average person here. We can do a little
         | better.
        
         | jrochkind1 wrote:
         | I have never seen the Redis maintainer(s) complain about it
         | though.
         | 
         | Would be interesting to compare/contrast, what leads to the
         | difference.
         | 
         | They do the same with _lots_ of products really. Postgres and
         | MySQL too for instance. Also never seen postgres or mysql
         | maintainance teams complain about it.
         | 
         | What are the contextual differences that make it a point of
         | conflict with authors/maintainers in one case but not others?
        
       | ddevault wrote:
       | Elastic was an open source project, and now it's not. This was
       | done because they believe it will be more profitable. It _does_
       | affect you, especially if you contributed to the project, in
       | which case they 're basically spitting in your face as thanks for
       | your hard work. This is not materially different from when Oracle
       | infamously killed OpenSolaris, something they were rightfully
       | crucified for by the community.
       | 
       | They're not wrong about Amazon misinformation, use of trademarks,
       | and so on, and should have pursued the legal remedies for this
       | more deeply. Called them out publically, and shamed them like
       | this post attempts to do. But, if it didn't work, tough shit. It
       | has nothing to do with the license. They made a contrat with
       | their community when they choose an open source license.
       | 
       | >We created Elasticsearch; we care about it more than anyone
       | else.
       | 
       | No, you didn't. Elasticsearch is the combined work of _thousands_
       | of contributors.
       | 
       | Aside: using "Free & Open" in your messaging is a pretty low
       | move, deliberately designed to mislead users.
        
         | aprdm wrote:
         | There's still an oss license elasticsearch, they packed a lot
         | of extra features to compete with Amazon distro and that bundle
         | has a different license
        
           | jrochkind1 wrote:
           | I think you are mistaken and have missed the recent news
           | which OP is about, but I'm not totally sure what you are
           | talking about.
           | 
           | Which license do you consider an OSS licensed elasticsearch?
        
             | aprdm wrote:
             | The apache license, https://github.com/elastic/elasticsearc
             | h/blob/master/LICENSE...
             | 
             | If you don't use any of the x-pack features (which used to
             | be paid) you're all good.
        
               | lovelearning wrote:
               | Not quite. Elastic is removing Apache licensing
               | altogether for ES and Kibana from 7.11 and switching them
               | to SSPL (or alternately the Elastic license based on
               | user's choice) [1].
               | 
               | [1] : https://www.elastic.co/blog/licensing-change
        
               | aprdm wrote:
               | Oh okay, missed it, thanks!
        
             | Proven wrote:
             | Earlier you didn't say OSS - you said open source
        
         | literallyWTF wrote:
         | This seems really hyperbolic.
        
         | [deleted]
        
       | supernihil wrote:
       | this post from a year ago:
       | https://aws.amazon.com/blogs/opensource/launching-open-distr...
       | 
       | sums up amazons stand pretty much, they talk about how they are
       | suffering from "Elasticsearches bullying behavior" but in reality
       | Elasticsearch were abusing Elasticsearch in their marketing
       | ("partnering with ES.." lies), they created their own fork
       | instead of offering back to upstream, they partnered up with a
       | company that were stealing enterprise code from ES and selling it
       | as their own product, i mean AWS does not have the privilige to
       | express themselves as opensource evangelists.
        
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