by nirvdrum | 2025-05-02 06:23:27+00:00
> Elastic decided to release software to the public with a license that granted everyone under the sun the right to use it how they saw fit. This included also selling services.

The original licensing decision was made well before the formation of Elastic the company. Maybe Shay didn't quite give it the full consideration. I don't know him super well, but like most developers starting open source projects, I don't think he has a legal background. I confess to a certain about of naivety, thinking that contributors would adhere to the spirit of contribution rather than the absolute letter of the license. I don't think it's unreasonable to have societal expectations above and beyond the legal requirements.

I've been doing open source for ~25 years and it appears to me there's been a distinct shift in how companies approach open source. I feel like what I started with was almost a eutopic ideal and now I'm expected to just do free support work for companies that don't want to pay anything to anyone. I don't see any problem with devs realizing their mistake or changing their mind and updating the license accordingly. For my part, I used to use ASLv2 for everything and now I default to AGPL.

> You can't have it both ways. Why do you think people drop these projects the moment these corporations decide to pull the rug from under their userbase?

Just like you have no legal obligations above what the license says, they have no legal obligations to make their work available under the license you want. It's open source, so feel free to take the commit from version before the license change. Of course, it turns out it's quite a bit messier to have two incompatible versions floating around, but as long as we're limiting ourselves to legal requirements that's a non-issue.

The most obvious reason these projects get dropped after a license change is because they now use a license that needs to be reviewed. It's a lot easier to justify spending on a new AWS service than it is getting a new license approved. But, that was more or less happening anyway. If you're already on AWS it's easier to add a new service than pay for hosting a service with a third party. I don't particularly fault Elastic for not wanting to be Amazon's R & D arm and support team.

We have a lot of systems and infrastructure in place that only mostly work because both parties hold up their own end of an unspoken agreement. Large tech companies have decided they can save money by breaking breaking away from that and just sticking to the letter of the license text. Legally, they have that right, but the other parties have predictably responded. I think what it really shows is our licenses don't fit all scenarios. Maybe I'm okay with individuals and companies with a market cap < $1T using the software under terms akin to open source but don't want to be a de facto employee for a large company reselling my software. We're well past the point of open source being about software freedom.

Most of these projects start off as a developer choosing a license without having the legal background to truly assess it and then they run into an 800 lbs. gorilla with loads of in-house counsel. Blaming them for not thinking it all the way through or realizing the implication of their license choice seems to me counter-productive. Okay, so they made a mistake. What now? They don't want to continue working under the framework where they feel being taken advantage of. I don't think they should be obligated to continue doing so because all of the non-Amazon folks don't want to incur the headache of forking. I'd love to see some of that ire aimed at the company willing to break the illusion to make some extra money than the folks that have freely given away their work for years.