[HN Gopher] Elastic and Amazon reach agreement on trademark infr...
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       Elastic and Amazon reach agreement on trademark infringement
       lawsuit
        
       Author : dhd415
       Score  : 63 points
       Date   : 2022-02-16 21:33 UTC (1 hours ago)
        
 (HTM) web link (www.elastic.co)
 (TXT) w3m dump (www.elastic.co)
        
       | uji wrote:
       | Looks like pretty good news. Have worked in AWS before. So AWS is
       | very famous for making money using open source products without
       | contributing upstream.
       | 
       | One very good example is Amazon redis. Amazon figured out that
       | redis asynchronous replication didn't work at scale so instead of
       | fixing issues upstream they chose to develop Amazon redis in
       | house and monetized it.
       | 
       | https://aws.amazon.com/memorydb/
       | 
       | Enhanced version means patched made by AWS.
       | https://aws.amazon.com/elasticache/redis-details/
        
         | rabuse wrote:
         | Ahh, the new Oracle.
        
           | ignoramous wrote:
           | At this point in AWS' life, enterprise sales is king. Not
           | surprising that there's shades of Oracle / Microsoft in them.
           | May be, Google hired Oracle #2, Thomas Kurian, to head GCP
           | for similar reasons. Like it or not, Oracle-sized shadow
           | looms large over BigCloud.
        
             | LoveGracePeace wrote:
             | It surprises me when people lump Oracle (or AWS for that
             | matter) in with the likes of Microsoft.
        
           | adventured wrote:
           | No, not everything negative is the new Oracle. AWS has very
           | little in common with how Oracle has operated historically.
           | 
           | Oracle didn't build their company in the style of AWS Redis,
           | that cloning maneuver. Oracle's database was a pioneer.
           | Oracle didn't get where they are by cloning open source and
           | claiming it as their own. Despite the numerous bad things
           | that can be said about Oracle's culture, that's not one of
           | the key negatives about Oracle.
        
             | LoveGracePeace wrote:
             | Agreed. Not an Oracle fan boy but they didn't deserve to be
             | brought up in the context.
        
         | deepsun wrote:
         | Sometimes fixing upstream is hard / not possible, when
         | maintainers don't want to accept others' proposals/vision, or
         | are cautious to change architecture with breaking changes.
        
           | DelightOne wrote:
           | So they don't release the result as OSS because upstream
           | wouldn't have included it?
        
       | WaxProlix wrote:
       | I was sort of curious, so I went to see what impact this had on
       | the customer experience at AWS. Searching for 'elasticsearch' in
       | the AWS console services dropdown now yields:
       | 
       | ''' Amazon OpenSearch Service (successor to Amazon Elasticsearch
       | Service)
       | 
       | Run and Scale OpenSearch and Elasticsearch Clusters (successor to
       | Amazon Elasticsea... '''
       | 
       | This seems like a petty, small win from the Elasticsearch people.
       | I understand AWS has a history of gobbling up OSS and
       | productizing it, and that that's detrimental, but it's hard to
       | see Elastic, Inc as anything but sore that they got their lunch
       | eaten here. Maybe that's justified. But it comes off as
       | incredibly petty.
       | 
       | (disclaimer: i used to work at aws, but not anywhere near the
       | referenced offerings).
        
         | dhd415 wrote:
         | Wow, it's pretty surprising to me that the agreement allowed
         | AWS to refer to Elasticsearch at all when promoting their own
         | managed search offering.
        
           | judge2020 wrote:
           | There's a constant struggle between allowing free speech
           | versus restricting it via trademark laws. In general, they
           | want to make sure companies can talk about and mention their
           | competitors by name and not be silenced by trademark
           | lawsuits, while still ensuring the trademark isn't being
           | infringed to the point of confusion. "Amazon Elasticsearch
           | Service" sounds an awful lot like they have permission to use
           | the Elasticsearch brand, while simply referring to it in
           | parentheses indicates it's a competing service to the actual
           | elasticsearch.
        
         | sokoloff wrote:
         | It's "detrimental" to companies who perhaps shouldn't have
         | chosen a license that allows AWS to do exactly what they did.
         | Those companies can't simultaneously claim to be competent and
         | to have made that choice without knowing what they were doing.
         | 
         | IMO, they chased the benefits of being open source and then
         | changed course when the costs to them exceeded the benefits
         | (which is fine for code going forward), but trademark concerns
         | aside, I can't see AWS as the bad actor here.
        
           | ignoramous wrote:
           | If anything AWS has increased its co-operation with F/OSS
           | businesses of late and this clear shift in strategy was
           | apparent in product / partnership announcements leading up to
           | 2021 re:Invent. AWS, I believe, realise the F/OSS ecosystem
           | mustn't be taken undue advantage of. I mean, AWS stands a
           | good chance of getting caught in a vehement backlash (let
           | alone sporadic bad PR) from the developer community, who
           | ironically form the basis of an entire industry AWS sells
           | into and operates in.
           | 
           | With Microsoft + GitHub intensifying their investments in
           | F/OSS, AWS had to play ball. It is smart, not petty on
           | anyone's part.
           | 
           | Judging from the tone of the article, I am glad Elastic is
           | content in their current business relationship with AWS.
           | Hopefully, the companies also find an agreement to have AWS'
           | OpenSearch fork merged back in, as well.
           | 
           | disclaimer: ex-AWS, but zero insider information.
        
           | skrtskrt wrote:
           | This comment is in every thread about this, but there has to
           | be a solution that satisfies FOSS purists as well as casual
           | users without allowing a massive, evil megacorp to just stomp
           | on every company built around open-source solutions.
        
             | Salgat wrote:
             | How is AWS stomping all over it? Being able to fork for
             | your own needs is a good thing. You don't make something
             | open source and accept the world's free contributions
             | without acknowledging that.
        
               | zakki wrote:
               | Except AWS is not forking open source for their own use.
               | They sell it and get a lot of profit from it.
        
               | growse wrote:
               | > Except AWS is not forking open source for their own
               | use. They sell it and get a lot of profit from it.
               | 
               | They sell a hosted service that uses the software.
               | They're not selling the software.
               | 
               | Pretty difficult to see how a company building a SaaS
               | business around some software is not "for their own use".
        
               | skrtskrt wrote:
               | Again, you're leading with the definition-of-FOSS
               | argument.
               | 
               | Step back from FOSS for a second.
               | 
               | I think most people would agree that there's somewhat of
               | a moral issue with just taking someone else's open source
               | software and just hosting it and making billions, with
               | nothing for the creators, because you are a megacorp who
               | is good at hosting.
               | 
               | Now, is there a way to solve that and have the benefits
               | of FOSS?
               | 
               | Both Mongo and MariaDB have tried to address this with
               | licensing - MariaDB seems to have done this _much_ less
               | clumsily than Mongo, but both still had FOSS advocates
               | shrieking
               | 
               | Edit to include my below comment:
               | 
               | If everyone stomps their feet and says "there's no
               | solution, otherwise it's not OSS!" then the end result is
               | only going to be a lot less open-source software.
        
               | shawnz wrote:
               | Don't you think there's a moral issue expecting free
               | contributions to something which only you are allowed to
               | monetize? And how can you satisfy users to the greatest
               | extent while also preventing them from using the provider
               | that is best able to meet their needs?
        
               | owenmarshall wrote:
               | You've got it precisely backwards. The license placed on
               | a software encodes what you wish to allow other people to
               | do with it.
               | 
               | If you have a moral qualm with bigcorps using your work
               | for free, you don't license in such a way that they can.
               | Make your own license, or slap AGPL3 on it - either way,
               | no bigcorp touches it.
               | 
               | But you cannot be mad when you say "I release this code
               | under these terms" _and AWS takes you up on your offer_.
        
               | bobertlo wrote:
               | if their service is hosting an open source product maybe
               | they should be competitive at it
        
               | Sebb767 wrote:
               | > Now, is there a way to solve that and have the benefits
               | of FOSS?
               | 
               | The answer is simple - no. Either your product is fully
               | free and you accept that people can fork iz, even Amazon,
               | or you choose a restrictive license. You can't make
               | "free" (as in libre) compatible with "but".
               | 
               | I can totally see that you think this is unfair, but they
               | did allow it and they were perfectly happy when being
               | FOSS brought them market share. You have to take the good
               | with the bad.
        
               | skrtskrt wrote:
               | If everyone stomps their feet and says "there's no
               | solution, otherwise it's not OSS!" then the end result is
               | only going to be a lot less open-source software.
        
               | growse wrote:
               | How is there a moral issue when the software creators
               | specifically and explicitly granted that right?
        
               | mullingitover wrote:
               | > someone else's open source software
               | 
               | This feels like an oxymoron: if it's open source licensed
               | there is explicitly no 'owner.'
        
               | growse wrote:
               | Perhaps they mean the copyright owner?
        
             | Nextgrid wrote:
             | AGPL?
        
               | skrtskrt wrote:
               | AGPL seems to guarantee mostly that you can obtain
               | changes people are applying downstream in order to host
               | your software, and apply them back up.
               | 
               | It does not prevent someone from making billions off of
               | doing nothing but hosting your software because they are
               | better than you at hosting.
        
               | touisteur wrote:
               | But, if the value-add is hosting more than the software
               | itself, why would you prevent the 'value-adder' making
               | the bulk of the money?
               | 
               | I'm like OP, trying to take a step back. What do we want
               | here? As users? As developers? That no one does too much
               | (or any) money hosting our software for other people
               | willing to pay? Profit-sharing? On what basis?
               | 
               | Really, naively, apart from the use of the Elastic brand,
               | that I might conceive could cause problems, who's hurting
               | whom?
        
               | totony wrote:
               | Nor should it, that's what OSS is about. Why should they
               | not do what they want with your software? As long as it
               | stays open it's OSS
        
               | skrtskrt wrote:
               | Ok, but I am asking is there any solution?
               | 
               | Is there a way to get the benefits of OSS AND for the
               | creators to get more then zero dollars when someone makes
               | a shitload of money off of just putting their software on
               | an enterprise cloud?
        
               | growse wrote:
               | > Ok, but I am asking is there any solution?
               | 
               | > Is there a way to get the benefits of OSS AND for the
               | creators to get more then zero dollars when someone makes
               | a shitload of money off of just putting their software on
               | an enterprise cloud?
               | 
               | You're basically asking if something can be
               | simultaneously open and not open.
               | 
               | The benefits come precisely because someone can come
               | along and create a successful business using your
               | software without owing you anything. That is the reason
               | for the benefits.
        
             | madeofpalk wrote:
             | There is. AGPL + dual licensing.
        
               | skrtskrt wrote:
               | How would dual licensing go down, ideally in these cases?
               | 
               | I figured if that worked, Elastic, Redis, MariaDB, Mongo,
               | Timescale, and Cockroach Labs would have gone that route
        
               | Macha wrote:
               | Start out that way, and you'll find it harder to build a
               | user base. So instead companies have done it as a bait
               | and switch (planned or otherwise)
        
         | chrsig wrote:
         | From what I understand about trademark law, unlike copyright,
         | trademarks _must_ be defended at risk of losing them. So it may
         | seem petty, but might actually have some necessity behind it.
         | 
         | IANAL, and certainly not an expert on trademark law. Hopefully
         | someone with more legal knowledge can provide some resources.
         | 
         | Even if it is just petty, it's petty against amazon, and I for
         | one don't really feel the need to have sympathy for them.
        
           | wumpus wrote:
           | Most people don't really get what trademark defense is --
           | having Amazon label the trademark in some places as
           | "Elasticsearch is a trademark of <whoever>" is enough to
           | count. Even linking the elasticsearch software repo or
           | elastic.co in conjunction with the trademark name is enough.
           | 
           | Source: I have a best-selling book author friend who has been
           | defending her trademark on a somewhat popular pop-culture
           | term this way for a few decades.
        
           | WaxProlix wrote:
           | That makes sense. I do sort of wish there were something to
           | take away from this though that might lead to better outcomes
           | for future endeavours, so that people could learn from
           | Elastic's blunder, but if there's anything I don't see it.
        
       | sdesol wrote:
       | Full disclosure: This is my tool that I'm using to generate the
       | insights.
       | 
       | When OpenSearch was announced, I shared some insights into how
       | both Elasticsearch and OpenSearch were evolving, and I'll share
       | some more up to date insights here.
       | 
       | Looking at recent pull request activity, OpenSearch had 52
       | contributors
       | 
       | https://oss.gitsense.com/insights/github?q=pull-age%3A%3C%3D...
       | 
       | while Elasticsearch had 181
       | 
       | https://oss.gitsense.com/insights/github?q=pull-age%3A%3C%3D...
       | 
       | The metric that I'm most interested in, is knowing how many
       | people committed within the last 14 days compared to those that
       | committed more than 14 days ago. For Elasticsearch, they had 87
       | contributors which accounts for 68% of all contributors.
       | OpenSearch had 20, which accounts for 67%. With these numbers, I
       | can ball park how many people are working on Elasticsearch and
       | OpenSearch full time and I would say Elasticsearch at the present
       | moment has probably 5 times more people working on it fulltime vs
       | OpenSearch.
       | 
       | An important thing to note is, Amazon has other projects that are
       | related to OpenSearch so these numbers don't necessary give the
       | full picture, but it is pretty obvious that Elasticsearch is
       | evolving at a much faster pace and time will tell if they
       | (OpenSearch) can keep up.
        
         | TSiege wrote:
         | I'll be curious to see what happens as well. I ended up going
         | with Opensearch since I use AWS. I figured I'm already locked
         | in to that environment anyways, so why not
        
           | sdesol wrote:
           | Somebody that does consulting work with Elasticsearch
           | mentioned that they had some pretty innovative features in
           | the pipeline and these are the things that can really pull
           | people away from OpenSearch. It could also be that, people
           | only really want basic search functionality so who knows
           | right :-)
        
             | deknos wrote:
             | i think that for all the people which just want a logging
             | system in their k8s, opensearch is pretty good.
             | 
             | lots of software ist stable and just works. everyone uses
             | bash. let the elastic guys make their new software more
             | shiny, good for them. i am now glad i can use a real
             | opensource version at home and for small to midsized
             | projects. if opensearch won't cut it? no problem, the
             | customer can pay elastic :)
        
         | CSDude wrote:
         | Elastic is already a mature product, with little to improve.
         | Even 8.0 release is focused on speed and footprint. Many
         | companies still use 2.x happily. License implications are not
         | worth it.
        
           | dhd415 wrote:
           | Having interacted with Elasticsearch a lot, I assure you
           | there is a lot for them yet to improve. Frankly, I think
           | Elasticsearch followed the MongoDB model of "make it easy for
           | developers to adopt and then make it good." MDB did that by
           | making it easy to throw "schema-less" documents into their
           | database and then later working on "advanced" things like
           | avoiding data loss [0]. Elasticsearch did something similar
           | in that you don't have to run a separate cluster coordination
           | server like Zookeeper which Solr requires. It's also easy to
           | get up and running with indexing unstructured data. Running
           | it at scale with heavy workloads? There are still plenty of
           | rough edges there. It's a good way to gain market share and
           | both products have definitely improved, but I wouldn't want
           | my day job to involve the operation of a large Elasticsearch
           | cluster.
           | 
           | [0] https://pastebin.com/raw/FD3xe6Jt
        
       | jbverschoor wrote:
       | It would be nice if we can get some sort of standard license
       | agreement for cases like this..
       | 
       | It's such a shame that this happened
        
         | [deleted]
        
       | deknos wrote:
       | What does this mean for opensearch?
        
       | baobabKoodaa wrote:
       | This announcement is confusing, because it makes no mention of
       | OpenSearch. The announcement implies that OpenSearch should no
       | longer be available on AWS, but (of course) it is.
        
         | sdesol wrote:
         | It was announced by elastic and I'm not sure it is in their
         | best interest to advertise their competitor.
        
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