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In our telling of stories around open source software, we often frame things in terms of good and bad, open and closed, free and not free. Two years ago, when Amazon Web Services (AWS) created the Open Distro for Elasticsearch, some argued that what the company was forking the project to sidestep its attempts at restricting AWS from selling Elasticsearch as a service. The general consensus among those opining on Twitter and elsewhere was that this was yet another case of an internet giant using its heft to bully the smaller open source company. In that David versus Goliath telling of the story, Goliath AWS was unfairly profiting off the toils of Elastic, essentially stealing the fruits of their labor, using their market dominance to overshadow the smaller company and sell its product as a service.
My, how things can change.
Good on @AWSOpen for forking ElasticSearch.
Sorry Elasticsearch, but if you open source something and then up-open source it, don’t be surprised if people carry on using & contributing to the old open source version.
Play stupid games, win stupid prizes, etc.
— Brad Fitzpatrick (@bradfitz) January 21, 2021
This week, Elastic announced that it had enough with AWS offering their open source software as a service, and that it would be changing the license for both Elasticsearch and Kibana from Apache 2.0 to a dual license under the Server Side Public License (SSPL) and the Elastic License, giving users the choice of which license to apply. Both of these licenses contain clauses restricting the use of the software — a move that the Open Source Initiative sees as being in violation of the sixth point of the Open Source Definition, which states that “the license must not restrict anyone from making use of the program in a specific field of endeavor.”
“With the shift to SaaS as a delivery model, some cloud service providers have taken advantage of open source products by providing them as a service, without contributing back,” Elastic explained. “This change won’t affect the vast majority of our users, but it will restrict cloud service providers from offering our software as a service.”
License your software however you want.
Deal with the fact that people are going to use your software under that license.
Deal with the fact people will make choices about using your software based on its license. [1/3]— Stewart Smith (@stewartsmith) January 20, 2021
In response, AWS this week announced that it would be “stepping up for a truly open source Elasticsearch,” this time truly forking the project, in order to keep it available under the Apache 2.0 license.
“In order to ensure open source versions of both packages remain available and well supported, including in our own offerings, we are announcing today that AWS will step up to create and maintain an ALv2-licensed fork of open source Elasticsearch and Kibana,” the company wrote.
Despite Elastic’s repeated assertions that what AWS had been doing was “NOT OK,” what was even more “NOT OK,” it seems, was the closing off of a previously open source project. And while the general narrative around the whole affair has had the easily adopted tone of “AWS bad, anyone else good,” another Twitter thread offered a topsy-turvy perspective that makes that David versus Goliath framing one to question.
The mere existence of a company valued at $14.97B tells you that they absolutely, positively, 100% did not *have* to do this. They did it because they believed the “wrong” that was other people making money on the software if it meant they didn’t was worse.
— Adam Jacob (@adamhjk) January 22, 2021
Devs watching QA test the product pic.twitter.com/uuLTButB3x
— sanja zakovska 🌱 (@sanjazakovska) January 22, 2021
Printout of four TypeScript error messages https://t.co/EyxvP0EGrI
— Ryan Cavanaugh (@SeaRyanC) January 21, 2021
“This could’ve been an email” pic.twitter.com/kn68z6eDhY
— Ashley K. (@AshleyKSmalls) January 20, 2021
(Virtually) hug your open source maintainers today pic.twitter.com/Ux0JUIVnm6
— Cassidy (@cassidoo) January 22, 2021
Amazon Web Services, GitLab and Red Hat are sponsors of The New Stack.
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