[HN Gopher] HashiCorp Did It Backwards
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       HashiCorp Did It Backwards
        
       Author : galenmarchetti
       Score  : 32 points
       Date   : 2023-09-05 21:50 UTC (1 hours ago)
        
 (HTM) web link (galenmarchetti.substack.com)
 (TXT) w3m dump (galenmarchetti.substack.com)
        
       | pacifika wrote:
       | One is best not to make any decisions on how something will be in
       | the future. This goes for pre ordering games, to buying software
       | licenses, to opensource contributions.
       | 
       | People contributed to the software as it was licensed then, and
       | this software is still available under the open source license
       | and can't be taken away. Unfortunately that gives no guarantees
       | about future versions or versions that never got made.
        
         | galenmarchetti wrote:
         | 100% agreed with you...would be safest for everyone to take
         | this stance going forward. I do think, and I could be wrong,
         | that not everyone realized that the licensing worked this way.
         | Or had their guard up when contributing. I think that's the
         | issue...perhaps their fault, perhaps not, but I see the issue.
         | 
         | I wonder if this will be an example moving forward that people
         | keep in mind when contributing to any OSS project
        
           | elashri wrote:
           | Doesn't this mean that people will be more cautious and less
           | likely to contribute on the long run? I mean that feels like
           | it is against the spirit of open source movement. And yes I
           | realize that this is idealistic position and the legal
           | aspects gets the upper hand at the end. I just wish things
           | didn't go this way.
        
         | wbl wrote:
         | Well it does if your contributions are made under the GPL and
         | not transfered via a CLA.
        
       | JonChesterfield wrote:
       | If they started out openly proprietary, they wouldn't have got
       | the same level of contributions from people outside the
       | organisation, and wouldn't have reached the current popularity.
       | 
       | Hashicorp did it the right way round. Open source, friendly, rug
       | pull, profit, obsolete, forgotten.
        
         | galenmarchetti wrote:
         | haha...fair point!
         | 
         | One thing that I've been curious to see, and not sure if anyone
         | has done it yet, is a quantification of contribution to
         | Terraform, comparing amount of work done from external
         | contributors to the work done by Hashicorp-internal
         | contributors.
         | 
         | I know it's hard to make the comparison of what is "harder"
         | work or "more" work in a software project from looking at
         | commits alone, but would be interesting to see nonetheless.
        
           | tux1968 wrote:
           | It's not just the work donated via the open source channel,
           | it's also the associated credibility, enthusiastic coverage
           | and referrals, and general good will, that accrues to such a
           | project. None of which they would have enjoyed had they been
           | a private project.
        
             | galenmarchetti wrote:
             | definitely...and they get to keep that credibility and
             | coverage. at least, as long as this move didn't totally
             | alienate the folks that got on terraform back then
        
       | eatonphil wrote:
       | Well they didn't do it backwards compared to at least some subset
       | of peers.                 Cockroach: Apache -> BSL
       | https://www.cockroachlabs.com/blog/oss-relicensing-cockroachdb/
       | Mongo: AGPLv3 -> SSPL https://techcrunch.com/2018/10/16/mongodb-
       | switches-up-its-open-source-license/            Elasticsearch:
       | Apache -> SSPL https://www.elastic.co/blog/licensing-change
       | MariaDB (I think): ? -> BSL https://mariadb.com/bsl-faq-mariadb/
       | 
       | I am sure there are more I'm forgetting.
        
         | galenmarchetti wrote:
         | this is a great point...further down the comments, an OpenTF
         | maintainer made a great point that all of these services are
         | "backend hostable" services. Terraform doesn't even have a
         | backend service component...Terraform Cloud does, but not
         | Terraform itself.
         | 
         | I didn't contemplate this when writing the article but it seems
         | like this might be a pretty big factor in the reaction to the
         | change. At least to my memory, I don't remember as strong as a
         | pushback from any of these companies changing their licenses
        
           | eatonphil wrote:
           | > I don't remember as strong as a pushback from any of these
           | companies changing their licenses
           | 
           | The Elasticsearch backlash was big for what it's worth, both
           | privately inside companies and publicly (AWS forked it).
        
             | galenmarchetti wrote:
             | ah wow...I guess that begs the question, "will this just
             | blow over". As far as I can tell Elasticsearch continues to
             | do well and is more or less in the clear (could be wrong)
        
       | gobins wrote:
       | This is probably going to get a lot flake but what did we expect
       | when big tech started eating up open source solutions and
       | competing with the companies who started the work . MongoDB and
       | AWS is a good example. Hashicorp probably realised that they
       | should preemptively change the licensing before bigger players
       | started using the products to directly compete with them.
       | 
       | I want Hashicorp to survive and be profitable. Fact is, for the
       | majority of the users who use terraform, the change in licensing
       | does not impact them.
        
         | galenmarchetti wrote:
         | True...it's just difficult to draft a license that says
         | something along the lines of "If you're Big Tech, we have the
         | right to go after you, if you're small startup, you're safe".
         | 
         | I think there's a swath of Terraform users (likely minority)
         | who find themselves in a legal gray area, or a legal black-and-
         | white area, where they're directly at risk. Even if Hashicorp
         | never intended to target small startups with this, the wording
         | of the license unfortunately applies and is enough to make
         | anyone nervous.
         | 
         | I think MongoDB had a similar issue when they went source-
         | available, they seemed to intend to only protect themselves
         | from big tech but unfortunately a lot of smaller players got
         | spooked. I think (?) it's fine now though
        
           | woah wrote:
           | yea, that makes all the difference. If it was almost all
           | Hashicorp, the open source was a marketing gimmick and I
           | don't blame them for not risking the entire business on it.
           | If there was heavy involvement from external contributors,
           | then removing open source is more of a rug pull.
        
           | solomatov wrote:
           | > True...it's just difficult to draft a license that says
           | something along the lines of "If you're Big Tech, we have the
           | right to go after you, if you're small startup, you're safe".
           | 
           | Take a look at the license of LLAMA2 by FB. It has a clause
           | just like this. I.e. limit by number of users.
        
             | galenmarchetti wrote:
             | wow, didn't know about this. very cool + would be
             | interesting to see this in more places. Just checked it
             | out. for those lazy:
             | 
             | "If, on the Llama 2 version release date, the monthly
             | active users of the products or services made available by
             | or for Licensee, or Licensee's affiliates, is greater than
             | 700 million monthly active users in the preceding calendar
             | month, you must request a license from Meta, which Meta may
             | grant to you in its sole discretion, and you are not
             | authorized to exercise any of the rights under this
             | Agreement unless or until Meta otherwise expressly grants
             | you such rights."
        
         | arianvanp wrote:
         | AGPL it.
         | 
         | Big tech hates it and bans it outright. Which means it's the
         | correct choice.
        
           | Znafon wrote:
           | It's not just big tech that hates AGPL. If Terraform was
           | under AGPL a lot of companies might have to release their
           | source code as AGPL too because of its virality. Where it
           | stops is not exactly clear from the license.
        
             | jen20 wrote:
             | Where AGPL stops is actually very well defined.
        
       | firesteelrain wrote:
       | I don't really care what license they use. It gets the job done.
        
       | izalutski wrote:
       | Yep, backwards they did
       | 
       | (Disclosure: I'm from Digger and OpenTF so am biased)
       | 
       | Hashi's biggest miscalculation is that they put Terraform (an
       | open language / ecosystem) into the same bucket as Vault and
       | Consul, which are hostable backend applications.
       | 
       | BSL makes sense for Vault, just like it does for MongoDB. It is
       | reasonable to prevent others from charging for hosting your code.
       | 
       | But with Terraform, the backend part (TF Cloud) was never even
       | open source. And it's not required for Terraform to work.
       | 
       | Hashi shot themselves in the foot. Unlike with Vault or Consul,
       | there is enormous vested interest in the community to keep
       | Terraform truly open. Hashi trying to enforce everyone to use
       | their non-oss backend with it will only result in Hashi losing
       | the privileged (and well deserved) position among providers of
       | commercial products in the Terraform ecosystem.
        
         | galenmarchetti wrote:
         | this is a great point. I've been following your work decently
         | closely but this is the first time I thought about the
         | "hostable" vs "non-hostable" differentiation. And thinking more
         | deeply on it, of course it matters. There's a pretty big
         | distinction and, naively, perhaps their attempt to protect TF
         | Cloud with this doesn't even accomplish what they intended for
         | it to accomplish. If the backend part is the thing...that was
         | never even in contention, anyway. If this is the case, they
         | only managed to hurt the community.
        
       | wmf wrote:
       | 1. The elephant in the room here is VCs that pushed unsustainable
       | pure open source or open core business models during ZIRP. You
       | can't do it right from day one if your investors are pushing you
       | the opposite direction.
       | 
       | 2. People keep talking about community contributions but hasn't
       | Hashicorp rejected all contributions for years?
        
         | galenmarchetti wrote:
         | would love to know a definitive/quantitative answer for #2, for
         | sure. I do think it makes a difference when it comes to the
         | "backstabbing" implications of the change
        
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       (page generated 2023-09-05 23:00 UTC)