[HN Gopher] Doubling down on permissive licensing and the Elasti...
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       Doubling down on permissive licensing and the Elasticsearch
       lockdown
        
       Author : carlotasoto
       Score  : 58 points
       Date   : 2021-01-27 18:23 UTC (4 hours ago)
        
 (HTM) web link (crate.io)
 (TXT) w3m dump (crate.io)
        
       | anderspitman wrote:
       | I find it fascinating to wonder whether it's better to go
       | permissive and risk Amazon "stealing" your work vs going copyleft
       | and risk never getting big enough for Amazon to care. Even if
       | Amazon is making 10x more money than your off your code, you
       | might still be making more than you otherwise would, due to
       | exposure. Anyone aware of any hard numbers/research on this?
        
         | cardanome wrote:
         | The issues is not so much Amazon making money from it but
         | Amazon acting as a direct competitor against their own cloud
         | offering.
         | 
         | Personally I am happy about their decisions, as it stops the
         | bleeding caused by big monopolistic corporations while
         | protecting the freedom of users like me.
        
           | anderspitman wrote:
           | But the question is would you have ever even known it existed
           | or trusted it if Amazon hadn't picked it up and made it big?
        
             | chrisco255 wrote:
             | Elasticsearch? Of course you would, it's the most well
             | known open source search tool and has been for the better
             | part of a decade.
        
       | berkes wrote:
       | > What is "not ok" is the fact that switching to a GPL based
       | license forces projects depending on the code like CrateDB to use
       | a fork since it kills the business model.
       | 
       | If your business model cannot survive when a critical upstream
       | piece of your infrastructure moves to GPL, you probably have a
       | bad business model to begin with.
       | 
       | They say:
       | 
       | > We would never have chosen Elasticsearch in the first place,
       | had it been licensed under the GPL as some of our customers (and
       | many large enterprises do by default) banned GPL licensed
       | software from their application stacks for legal risks.
       | 
       | Which is completely new to me. There are numerous examples of
       | software that has a successfull business model, and is GPL or GPL
       | compatible. From WordPress to MySQL, and from ProtonMail to
       | PostgreSQL (GPL compatible). Used in enterprise, and other large
       | organisations, just fine.
       | 
       | It sounds like they are making up excuses for not wanting to
       | fully Open Source their code; which is fine. But don't blame
       | upstream for your reluctance or inability to adhere to this.
        
         | proddata wrote:
         | > If your business model cannot survive when a critical
         | upstream piece of your infrastructure moves to GPL, you
         | probably have a bad business model to begin with.
         | 
         | To be clear CrateDB started out as OSS and we decide to stay
         | OSS. Elasticsearch used the Apache License and so did CrateDB.
         | All in the spirit of OSS. Elastic are however now the ones how
         | decided, that their business model isn't viable anymore.
         | 
         | > It sounds like they are making up excuses for not wanting to
         | fully Open Source their code
         | 
         | We do want to make it fully open source! Everything that was
         | under a more restrictive License is going to be offered under
         | Apache License.
        
           | berkes wrote:
           | Thanks for correcting me!
           | 
           | > We do want to make it fully open source!
           | 
           | This begs the question: isn't "a restrictive OSS licence" not
           | less "fully open source" than a more permissive licence like
           | GPL, MIT or BSD?
           | 
           | If you are fully committed to OSS, why not go full-oss,
           | instead of retaining control through a restrictive OSS
           | licence?
           | 
           | Is that really only because of some enterprises not liking
           | GPL?
        
             | eeZah7Ux wrote:
             | > why not go full-oss, instead of retaining control through
             | a restrictive OSS licence?
             | 
             | The main point of copyleft is to pass down freedoms to
             | use/modify/distribute all the way to the end user.
             | 
             | Instead we got locked-down privacy-breaching smartphones,
             | IoT devices, SaaS, where only the manufacturer benefits
             | from OSS.
        
               | derefr wrote:
               | Copyleft licensing was invented in an era when most
               | things were written in C, and software fell into roughly
               | four categories:
               | 
               | * Unix-ish black-box "primitive" tools, that were so
               | focused on accomplishing one fundamental job that they
               | were essentially "final" in their interfaces, with there
               | being no point to extending them any further; where you
               | reused them by _executing_ them, not by integrating with
               | them.
               | 
               | * A library for such Unix-ish black-box tools to use.
               | Most tools that used any libraries at all, would use _one
               | main_ library to accomplish their _one primary_ purpose,
               | effectively making the tool a  "driver program" for the
               | library.
               | 
               | * Academic data-science/statistics code.
               | 
               | * Cathedral-style highly-integrated software, e.g.
               | Windows.
               | 
               | Copyleft was mostly devised _for_ the purpose of
               | licensing the codebases of the first two types.
               | 
               | As Unix tools are self-contained, they only "infect"
               | direct forks. The GPL _originally_ intentionally avoided
               | infecting the things that called (i.e. interacted with)
               | those tools -- because, back then, a downstream project
               | that  "uses" a tool wasn't vendoring in its own version,
               | but rather relying on the _system installation_ of that
               | tool, through that tool 's known API; and it wouldn't
               | make sense for a license to be infectious through a
               | standardized API.
               | 
               | It was intentional that libraries would infect their
               | downstream clients with copyleft; but downstream clients,
               | back then, were mostly just those single-purpose tools.
               | It wouldn't make sense for e.g. libgit to be GPL-
               | licensed, but for git(1) to be proprietary.
               | 
               | Of course, there was also an awareness that the
               | Cathedral-style codebases would have their whole monolith
               | infected if they used the GPLed library. The idea there,
               | though, wasn't to actually cause that infection -- it was
               | to inhibit Cathedral-style codebases from using GPLed
               | software at all.
               | 
               | (With the parallel awareness that such entities could
               | always reach out to the project maintainers, and buy a
               | separate license, just like you can purchase a license
               | from any IP-holder. There were few-enough contributors
               | per project, back then, that "copyright assignment" and
               | such wasn't a concern; you could just get a proprietary
               | license from the one dude who built the whole thing.)
               | 
               | And that same consideration was implicit with academic
               | use of GPLed software. FOSS programmers, back then,
               | considered academic (or non-profit)
               | integration/derivation of their software to be something
               | they'd grant a free license for if asked; and academics
               | knew this, and so didn't bother to ask for such licenses,
               | because they knew they'd almost assuredly get one, for
               | free, if-and-when it ever became important to do so.
               | 
               | ---
               | 
               | The GPL was well-suited to this early-90s software IP
               | ecosystem. It doesn't fit nearly as well in the modern
               | software IP ecosystem.
               | 
               | There's a whole fifth category of software -- semi-
               | Cathedral, semi-Bazaar mega-tools, like youtube-dl or
               | Calibre; or mega-libraries, like Qt, or LLVM, or WebKit;
               | which both _are_ components while also _consuming_ many
               | components themselves. The GPL never  "expected" this
               | type of software. This kind of software just didn't exist
               | back then; only its entirely-Cathedal final-product
               | equivalent did.
               | 
               | Which is a problem, because it's impossible to build
               | something like WebKit or LLVM in a self-contained, "you
               | call it over a standard interface" sort of way, where
               | it's non-infectious. These days, lot more projects are
               | infectious, even when "integrated" at a much higher level
               | of abstraction, than the GPL was ever _intended_ to
               | require.
        
               | eeZah7Ux wrote:
               | The distinction between GPL and LGPL seems completely
               | lost on you.
               | 
               | LGPL existed since 1991. Also large libraries and
               | frameworks.
        
               | derefr wrote:
               | I'm not talking about the GPL or the LGPL specifically,
               | but rather I'm talking about the thing that was in
               | Stallman's head before either of them existed -- the
               | _concept_ of copyleft, of an infectious  "Free" license.
               | 
               | Yes, you can create different implementations of that
               | concept, that are variously infectious. But the reason I
               | laid out the whole state of the ecosystem as RMS would
               | have seen it when he was still just _conceptualizing_
               | copyleft, is that in that ecosystem,  "infectiousness"
               | was something that's almost _trivial_ , toothless.
               | 
               | In the ecosystem of the early 90s, licensing a codebase
               | was just a consideration of who you _trusted_ to freely
               | use and modify your thing ( "us", hackers); vs. who you
               | wanted to _not_ use your thing, unless they paid you (
               | "them", corporate.) Copyleft neatly prevented "them" from
               | swiping and profiting off of the software created by
               | "us", while not really inhibiting anything that "us
               | hackers" wanted to do with that same software.
               | 
               | Contrast to the ecosystem of today: there's an entire
               | category of people -- individuals who start projects _as_
               | hackers or academics, but then _build_ huge software
               | businesses around them -- that didn 't even _exist_ back
               | in the 90s.
               | 
               | Google is the epitome of this: at its inception, BackRub
               | (Google Search) was exactly the type of project that
               | copyleft was designed to _avoid_ restricting. But it
               | evolved, through commercialization, patenting, SaaS-
               | ification, and scale, into exactly the type of project
               | that copyleft _wants_ to  "shun out of" the FOSS
               | ecosystem. (Not that Google Search integrated any FOSS
               | libraries; just that it could have.)
               | 
               | Google's story, is the story of _most_ software projects
               | today. _Every_ developer is considering their project as
               | a potential  "open core" for a SaaS, or considering
               | having an "enterprise version" of their tool, or
               | considering licensing their algorithm as a plugin to some
               | big studio to redistribute. Which is exactly why many
               | programmers avoid integrating copyleft software into even
               | their hobby projects. Why build on GCC when you can build
               | on LLVM, and ensure that there'll be no legal problem
               | 
               | Modern copyleft licenses are ever-more-strained legal
               | contortions to make a _design_ that 's no longer very
               | applicable to the modern software IP ecosystem, work for
               | it anyway. They're licenses with epicycles.
               | 
               | Sure, I _can_ in fact link AGPLed and LGPLed system
               | libraries in my language runtime; and in a pinch -- if
               | there 's no equally-good alternative -- I'll take the
               | time, work out the precise legal implications, and go
               | ahead with it.
               | 
               | But if there's a BSD or MIT-licensed (or even Apache-
               | licensed) alternative to those libraries? I'll choose
               | that one. Because, in the modern landscape, by doing so,
               | I'm saving myself, my future self, and my future
               | hypothetical SaaS's future hypothetical lawyers, a lot of
               | time and effort.
        
             | proddata wrote:
             | > This begs the question: isn't "a restrictive OSS licence"
             | not less "fully open source" than a more permissive licence
             | like GPL, MIT or BSD?
             | 
             | We gonna change CrateDB fully to Apache License v2 ;) I
             | would say that counts as a "more permissive" license.
             | 
             | > Is that really only because of some enterprises not
             | liking GPL?
             | 
             | There are various reasons for the change. A big part is
             | definitely also the spirit of many our contributors. We
             | built CrateDB on open source software and also want to make
             | the software available as open source. It also was planned
             | for quite some time to be more open.
        
         | tracker1 wrote:
         | MySQL is a poor example... for a while, their client library
         | license was GPL and insisted that anything not using a
         | commercial license needed to be GPL, which is one of the
         | reasons I pushed against MySQL for a long time, one of a long
         | list of reasons over the years.
        
         | temp667 wrote:
         | PostgreSQL is explicitly NOT GPL (it's basically a very
         | permissive BSD / MIT style license). More here:
         | https://www.postgresql.org/about/licence/
         | 
         | See section and links for "Why not the GNU General Public
         | License?"
         | 
         | It's not GPL for some of the same reasons described here and
         | enterprise does like it.
        
           | fartcannon wrote:
           | Hmm, I went to go find the 'why not GPL' section but they
           | just say, 'because' and then link to their mailing lists..
           | but not (as far as I can see) to the relevant thread. Do you
           | happen to know where it's located? Is there not an html
           | version somewhere?
        
             | temp667 wrote:
             | I think they got tired of having folks argue with them
             | about the license.
             | 
             | In short though - was developed at berkeley so released
             | under a BSD license. The license has served them well
             | (there are a lot of commercial entities supporting
             | postgresql development, and lots of others with various
             | forks). And finally, it would be hard to change at this
             | point and they don't see a gain.
             | 
             | A note - in contrast to Elastic, there is no one copyright
             | holder with postgresql. So this makes it much hard to get a
             | relicense to for example a situation where one commercial
             | entity has a special right to the terms / relicensing
             | power.
        
         | ArchOversight wrote:
         | > It sounds like they are making up excuses for not wanting to
         | fully Open Source their code; which is fine. But don't blame
         | upstream for your reluctance or inability to adhere to this.
         | 
         | They are changing the license on ALL of their source code. How
         | is this making up excuses?
         | 
         | Second, I know plenty of companies where MySQL or Wordpress are
         | not allowed to be used because they are GPL.
         | 
         | PostgreSQL is NOT GPL and thus is allowed.
        
           | ForHackernews wrote:
           | > Second, I know plenty of companies where MySQL or Wordpress
           | are not allowed to be used because they are GPL.
           | 
           | The fact that some companies have incompetent legal teams
           | isn't a good argument against the GPL. There's no reason you
           | can't use Wordpress to back a commercial website.
        
             | derefr wrote:
             | It's not about "backing a commercial website"; it's about
             | selling a solution for your own customers to use, where
             | WordPress might be a component of that offered solution,
             | customized into being something else (e.g. a control
             | panel.)
             | 
             | There are concerns that doing so, in the context of a
             | monorepo, might infect your entire codebase -- including
             | the components that have nothing to do with the control-
             | panel, and so never touch the Wordpress stuff -- with GPL.
             | 
             | Of course, you can architect code to get around that, e.g.
             | building your shared architecture that the control-panel
             | uses as a library, and then pulling that lib in from your
             | isolated Wordpress control-panel codebase. But enterprises
             | don't want to be forced into (possibly sub-optimal)
             | architectures just because one component legally requires
             | it. They'd rather just not use that component, so that
             | their architecture can be totally determined by what's best
             | for their development.
        
               | ForHackernews wrote:
               | Sure, okay, fine.
               | 
               | I realize this is an ideological position (and not
               | necessarily a popular one on this board) but that's the
               | point of the GPL. If certain companies lose out because
               | they're afraid to share, then they have no one to blame
               | but themselves.
               | 
               | The pitch is that the world of free software can,
               | collectively, build better software for everyone sharing,
               | than the proprietary islands who selfishly cut themselves
               | off from that ocean.
        
               | ArchOversight wrote:
               | It's a risk assessment calculation, and usually the
               | lawyers make that call.
               | 
               | At a previous company I worked at legal considered it
               | cheaper to reinvent the wheel if necessary to avoid GPL
               | software than to potentially have to deal with a lawsuit
               | around GPL being used in our software.
               | 
               | Even LGPL software was considered off-limits, because one
               | wrong linker flag and now it's statically linked into the
               | resulting binary...
        
         | e12e wrote:
         | > We would never have chosen Elasticsearch in the first place,
         | had it been licensed under the GPL as some of our customers
         | (and many large enterprises do by default) banned GPL licensed
         | software from their application stacks for legal risks.
         | 
         | So, they don't run Linux, don't use glibc? That can't be all
         | that common? (I mean sure, there's the bsds.. But still..).
        
           | proddata wrote:
           | > So, they don't run Linux, don't use glibc? That can't be
           | all that common? (I mean sure, there's the bsds.. But
           | still..).
           | 
           | We do run Linux :)
           | 
           | But there is a difference between building on and building
           | with.
        
       | temp667 wrote:
       | The Elasticsearch SPPL is going to be pretty incompatible with
       | many or most contributors business models and personal needs. The
       | question is will the community harmonize around 1-2 forks or will
       | the there not be enough critical mass in a fork to keep things
       | going.
        
         | jasontedor wrote:
         | Jason from Elastic here.
         | 
         | I want to clarify one aspect here. Elasticsearch and Kibana
         | will be dual licensed under the Elastic License or the SSPL
         | license, not _only_ SSPL. The distributions that we provide
         | will be licensed under the Elastic License, which does not have
         | the copyleft requirements that are sometimes concerning to
         | legal teams.
         | 
         | That is, if you download our distribution and run it in your
         | infrastructure, you are subject to the Elastic License. The
         | same license that most (90%+) of our users are already running
         | under today, when they download our default distribution from
         | elastic.co. This is why we say the vast majority of our users
         | are not impacted by this change.
         | 
         | Note: we are considering making changes to the Elastic License
         | to simplify it. Please see more on our [blog][0].
         | 
         | Disclaimer: I am on the Elasticsearch team and work for
         | Elastic; I welcome any and all feedback.
         | 
         | [0]: https://www.elastic.co/blog/license-change-clarification
        
           | temp667 wrote:
           | Sure.
           | 
           | The Elastic license is also a change from Apache 2.0, and is
           | also not an OSI approved license as far as I am aware.
           | 
           | Doesn't the elastic license specifically limit use of
           | software to basic features, prohibit modification of
           | licensing control mechanisms etc. I haven't dug through it,
           | but it seemed FAR FAR different than a normal open source
           | license.
           | 
           | One question I had - is the Elastic license transferable? Ie,
           | if you run a startup and are bought out with an asset buyout,
           | can you transfer the stack including the Elastic licensed
           | software to the acquiring party (assuming in the interim
           | elastic has ceased to offer new elastic licenses so they
           | can't get their own). Can you sell software built out on
           | elastic licensed code and transfer the elastic license to the
           | users so they can also use it? Or does everyone need to go
           | back to elastic to get these licenses.
           | 
           | A lot of discussion about being open, but reading the details
           | - seems far from open at first glance.
        
           | Xylakant wrote:
           | How is the elastic license any more compatible with the needs
           | of other open source projects than the SSPL? Before,
           | elasticsearch and/or kibana were usable together with (A)GPL
           | licensed code. That's no longer the case, neither under SSPL
           | nor under the elastic license.
           | 
           | The fact that most users use the basic license may well be
           | explained by two things:
           | 
           | A) Your website offers it as the primary download.
           | 
           | B) Elasticsearch without the basic licensed modules lacks
           | severely when it comes to security features. It doesn't even
           | offer basic auth, let alone TLS or similar.
        
         | jillesvangurp wrote:
         | The real question is whether Elastic will continue the benefit
         | of externals creating pull requests against their (now) non OSS
         | code base. I for one have some reservations about that. Kind of
         | the whole point of having an OSS code base is getting externals
         | to put in their time and effort.
         | 
         | I'm hardly a major contributor but I have provided some fixes
         | over the years. This license is a bit of a deal breaker for me
         | and I'm not likely to volunteer more time on this. I charge
         | premium rates for commercial software development. I'm sure
         | most bigger companies would also not be very eager to put any
         | time and effort into this code base under this license where in
         | the past this would have been less controversial with e.g.
         | legal departments doing due diligence.
         | 
         | No amount of "clarifications" is going to fix that. It's not a
         | problem of people stubbornly misunderstanding: it's people
         | disagreeing with them. They'll be dealing with negative press
         | and FUD for years to come around essentially any press release,
         | announcement, or other bit of news in the foreseeable future.
         | IMHO it's actually bad for business. And it seems the stock
         | price is trending down the last few days; so maybe it's not
         | just me. Not to late to correct this mistake, just saying. I
         | assume share holder value was the driving force here. Not
         | served by any of this apparently.
         | 
         | As for forks, I don't think Amazon has the right people
         | currently to do anything more than very minor/trivial updates.
         | I doubt that they will fix this by putting a large product team
         | together to actually try to innovate. That would involve
         | poaching people from Elastic or other projects. Easy to
         | predict, because so far they haven't in the two years of
         | opendistro having been around. I don't know about crateDB but I
         | think they are a fair bit smaller than Amazon; so it's doubtful
         | they can keep up much. I guess for them, the key thing is
         | actually keeping up with Lucene updates.
        
       | jwildeboer wrote:
       | Red Hatter speaking. You can be quite succesful with GPL licensed
       | code. #justsayin
        
       | galkk wrote:
       | This is the great, concise callout that is clearer than hundreds
       | of messages in HN discussions.
        
       | rafaelturk wrote:
       | Kudos! Highly recommended article [1] about what the ES move
       | realy means
       | 
       | 1.
       | https://anonymoushash.vmbrasseur.com/2021/01/14/elasticsearc...
        
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