
HashiCorp forbids its software being used in China - xzyaoi
https://www.hashicorp.com/terms-of-evaluation
======
mitchellh
Hello, I'm a founder of HashiCorp and I'd like to explain this.

First, this document only applies to enterprise evaluation software. This
doesn't apply to our OSS software and this shouldn't be linked anywhere near
our OSS except in the context of signing up for an enterprise eval.

Most importantly: why is this here? This is NOT a political statement. This is
a legal requirement. The encryption we use in Vault is subject to Chinese
export control laws and it is illegal for us (by Chinese law) to sell in
China.

To be able to sell Vault within China we'd have to restrict the encryption
that could be used within Vault to government-acceptable versions.

We don't do this, therefore it is illegal for us to sell in China. We have to
include this line in our enterprise terms.

EDIT: Our legal team has updated the copy in our terms to be more explicit.
You can read the updated copy in the second paragraph here:
[https://www.hashicorp.com/terms-of-
evaluation](https://www.hashicorp.com/terms-of-evaluation)

~~~
TechBro8615
It's interesting to me that it's _Chinese_ export control laws that affect
you. Normally when you hear about this kind of thing, it's the US export
restrictions causing the issue. Does that not apply in this case? And wouldn't
you be _importing_ into China? (IANAL, genuinely asking)

~~~
jldugger
It's not export controls in the case of China afaik. It's literally 'the party
would like to read your data in the name of social harmony'

~~~
itsspring
Ya, the word “export” was incorrect in OP’s post

------
clippit
From Mitchell Hashimoto, the founder of HashiCorp:

[https://twitter.com/mitchellh/status/1266390186054651905](https://twitter.com/mitchellh/status/1266390186054651905)

~~~
meritt
Whoa, wait, the founder's last name is Hashimoto? That's awesome. I always
just assumed it was a portmanteau related to hash functions.

~~~
wenc
Ah that's interesting -- I've never associated it with hash functions though I
can see how one might be led to.

Hashi to my ears sounds distinctively Japanese (I understand it either means
"bridge" or "chopsticks").

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rolls-reus
[https://twitter.com/mitchellh/status/1266396356572139526](https://twitter.com/mitchellh/status/1266396356572139526)
According to the founder they use a Chinese approved encryption scheme for
enterprise versions in China. I wonder what encryption that is.

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jdxcode
I wonder if this includes Hong Kong

~~~
kyuudou
Or Taiwan!

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thefounder
Why would it include Taiwan? They are separate countries not separate
"systems"

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dwheeler
It says it only applies to the People's Republic of China, and in the notes
above it's only because of the laws of the People's Republic of China.

In all practical senses Taiwan is a separate country, but there are reasons
not to admit it:
[http://www.youtube.com/watch?v=4AivEQmfPpk&t=2m55s](http://www.youtube.com/watch?v=4AivEQmfPpk&t=2m55s)

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Bellamy
Why exactly they do that?

~~~
bE9a3S5So8igd3
Good question. It's not like IP protection is practical in China--this
software WILL be used in China against license. It's also basically impossible
to hold Chinese companies (often entangled with the communist government of
China) accountable for things like fraud or IP theft.

Maybe it's just a political statement.

~~~
bdcravens
None of this is true. It's not political, it's not about IP, it's about
Chinese law, and it doesn't apply to OSS.

[https://news.ycombinator.com/item?id=23351181](https://news.ycombinator.com/item?id=23351181)

~~~
thejynxed
What they are saying is that even in regards to OSS it wouldn't matter because
China has such a disregard for non-Chinese law (and the citizens have blatant
disregard for even some Chinese law) and property that they will just outright
steal it or otherwise break any law that inconveniences them to just use the
software anyway.

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stunt
Weird that there is no official announcement from HashiCorp to explain this
decision.

~~~
bdcravens
[https://news.ycombinator.com/item?id=23351181](https://news.ycombinator.com/item?id=23351181)

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mesozoic
Nice

