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> This is purely a way for HashiCorp to ensure they are the only ones who can commercialize these formerly open source projects. Which is fine. But just go closed source, then, and own that, instead of trying to have it both ways.

Pragmatically I would rather bsl than closed source and I am more likely to use a product that is bsl, with reasonable transfer time and license, than a 100% closed source product.




I wish I could give you more upvotes.

I'd also much rather have "open source" with commercialization restrictions than closed source.

It's still in most people's best interest to contribute to these projects if they were before, or would have before. Many businesses(and this is where most of the contributions get funded from, let's be real) rely on these projects and have no intention of selling them or competing with HashiCorp services.


"Source Available" please.


Yeah, it's not binary. BSL is worse than open source, but it sucks way less than fully closed products. I'll at least consider using it.

My big gripe with the BSL is when companies switch from a proper open source license to the BSL, sometimes they try to sell it as a positive development, which is BS. The HashiCorp announcement is better than some in this regard, worse than others. Claiming it's the "evolution" of open source is weird spin, of course.

I also feel like any company switching from open source to BSL puts a stench of death / desperation on them, and it makes me worry for their future. If they have to make OSS -> BSL switch today, what's the next user hostile change going to be? Will they even survive?


I'd rather have proprietary than "almost open source". Both aren't useful, but only one attempts to damage the common understanding of what "Open Source" means.


Why? To me, the BSL comes off as a good faith attempt at a compromise between the letter of "Open Source" and the realities of not wanting to give free labor to your competition.

The actual text of the BSL mandates - under threat of infringing on BSL's trademark - that in at most four years the code will be available under a GPL 2.0 compatible license. In practice, the BSL license is usually a traditional open source one with caveats. The BSL FAQ also states and restates many, MANY times that it is not an open source license according to the OSI's definition.

I can't help but feel like the outcry over this is just a tempest in a teapot. I have a hunch that "Open Source" will do just fine without us having to carry water for it. After all, the list of OSI's corporate sponsors is quite illustrious: https://opensource.org/sponsors/


I can’t believe you’re the only one in the thread who’s mentioned that it’ll revert to traditional open source licensing in four years. That changes everything, imo. It’s so much better than software staying closed source forever, possibly because the company went out of business.


What? Why? I don't get this at all. Like, the direct pragmatic benefits of being able to read and modify source code are just enormous. The benefits of maintaining this pure definition of open source are amorphous at best, in comparison.


https://en.wikipedia.org/wiki/Focal_point_(game_theory)

If we don't have a common definition, everyone has their own, and there's no common understanding of what rights you have for a piece of Open Source software. That commons has far far more value than any one or ten pieces of software.


> That commons has far far more value than any one or ten pieces of software.

I don't think so.

I suppose I can understand why people who feel strongly that the OSI definition is perfect (or at least extremely good) are very intent on protecting it, whereas I see it as flawed and am thus less concerned about this fracturing. So I understand your perspective upon reflection, though I honestly have a lot of trouble imagining holding it myself.

A lot of people in this thread have been saying stuff like "just go full proprietary, that's better", and it sounds ridiculous to me every time I read a variant of it


I don't think that the OSD is perfect, at all; I will readily acknowledge its problems. (And OSI more so.)

I think it's a common shared understanding and a focal point, and there's huge value in preserving that. Having a different common understanding might be acceptable, and might even be an improvement, but only if people agree on it. Having no common understanding would mean something of great value was lost.

Right now, many different groups who may not all agree on all goals nonetheless gain value by sticking to Open Source, and not a dozen slight variations on additional restrictions. In the absence of that, we'd have the "non-commercial" group, the "educational use" group, the "don't compete with us" group, the "don't use for military applications" group, the "don't use for nuclear reactors" group, the "don't use to develop proprietary software" group, the "don't redistribute unmodified versions" group, the "don't distribute outdated versions" group, a dozen variations on "don't distribute if you disagree with our values" groups, the "don't distribute if you're a large company" group, the "don't distribute if you're a specific company" groups...

Every one of those is a license term I've seen advocated. Every one of those violates the OSD, so it thankfully stays obscure and unpopular, because enough people prefer using and contributing to software with less unusual licensing.


> Having no common understanding would mean something of great value was lost.

Yeah I guess this just seems like hyperbole to me. It seems good to me that there's a pretty widely agreed upon definition, sure, but I just don't think it matters all that much, in the scheme of things.

Agree to disagree I suppose!


What would you change then? Practically only the 4th criteria would be one I'd change (but presumably it's there for a reason): "Integrity of the author's source code: The license may restrict source-code from being distributed in modified form only if the license allows the distribution of "patch files" with the source code for the purpose of modifying the program at build time. The license must explicitly permit distribution of software built from modified source code. The license may require derived works to carry a different name or version number from the original software."

As for the commons, you are aware that the OSD comes from the Debian Free Software Guidelines (it's the same thing but for some minor working changes)? That is the commons that's been talked about, and it's deployed on far more systems than any BSL code is. So moving to completely propriety (note that this doesn't mean it's not Source Available) means that everyone is upfront about what the state is, whereas something like the BSL is leaning into the halo effect under the justification that the code will be open source at some future point.


Yes, I don't think it makes sense that the definition of "open source" requires that people can arbitrarily re-sell it. Like, just the words themselves, in my view, clearly don't imply that. I'm happy to stipulate that this is what was meant when the term was invented and that there is a single gatekeeper of the official definition in order to keep it this way. I'm just telling you that I (and I think many people) find this to fall outside what the words directly evoke. So to me "source available" just sounds like a slightly more awkward synonym. But I don't mind using the official language, because I know people care a lot about this (to me) extra ideology, and I think they're entitled to advocate for that.

But this second part of the argument I just don't grok at all. These licenses like BSL provide significantly more of what I want in software I use than proprietary software does. (Namely, the ability to read, modify, and self-host the software of I choose to.)

I think what must be going on is that when you see a license like this you think "there is no point to something like that besides a PR stunt trying to imply proprietary software is open source", and I think "oh this seems like a really useful compromise that allows commercial enterprises to create software with code that I can read, modify, run myself, and contribute to if I want to, without a different company that did none of the work on the software making all the money from it". Just totally different perspectives.


So if you got the rights from the BSL but the part about the code becoming Open Source you'd be happy with right? I think that's a completely fine attitude to take, and sure, all other things being equal, code licensed under the BSL is better than not having access to the source at all. But, given (at least) the majority of BSL projects were under an open source license, with external contributions, the spectre of "I have changed the deal, pray I do not alter it further" is raised. Additionally, if you read the actual post by Hashicorp, they do sail quite close to the wind in terms of implying the BSL is open source, so had they been more careful in their language (or even in their CLA), then people would be less annoyed.

The reason I'm personally annoyed at the attempt to drop the requirement for no restrictions on use is because it is something some academic software does (things like "if you use this code, any results must be shown to me before publishing and require my approval", which as you can imagine isn't great), or with rules around benchmarking (which some DB companies have been known to do), and it's significantly harder to draw the line between something that would allow the BSL, or the above two cases, than it is to require no restrictions on use.


I agree with pretty much all of this! Certainly, I would have a lot more respect for projects to start with this kind of license.

But this part:

> had they been more careful in their language (or even in their CLA), then people would be less annoyed.

I just don't agree. I think they were very careful in their language, and I keep wondering whether everyone here who is pissed at them even actually read it, because I feel like a lot of people keep saying they said things that they clearly worked hard to not say.


> Both aren't useful, but only one attempts to damage the common understanding of what "Open Source" means

We have a messaging flow building platform which is BSL. Anyone who wants to run their own instance is welcome to and people do and thus find it useful. The idea that the world would be better off if we made it closed source and prevented that... is just nonsense.


> Anyone who wants to run their own instance is welcome to and people do and thus find it useful. The idea that the world would be better off if we made it closed source and prevented that... is just nonsense.

How does making something closed source automatically mean someone can't run their own instance of it, even for free? Closed source does not mean 'You can only download this if you pay us', just as open source does not mean 'You can download this for free'


Closed source doesn't preclude developers distributing it for free, BSL isn't claiming to be Open Source.. but it's silly to insist that that software that is *publically available* to anyone to download and run.. describe itself as "closed source".


It's source available. Which is not the same thing as open source.


I don't think anyone is arguing that BSL is capital O Open Source, and even the BSL licence stressses that it is not an Open Source licence. But both "closed source" and "source available" feel like poor descriptors for a project that is developed in the open and takes PRs from outside contributors.


For this case there's already an old good word "proprietary" that covers everything that's not FOSS.


Enclosed-within-glass software


But it's not just visible... you can submit a PR if you like, and people do.


That's true. I think the taxonomy I'd really endorse is that the dichotomy is between free software and proprietary software, and within each there are a range of restrictions/guarantees (depending on your PoV: user or developer) that licenses might have.

The broad distinction we care about within free software is copyleft vs. permissive, and one important one in proprietary software is source-available vs. closed-source.

Then besides all of that there are the non-licensing realities of how development is actually carried out, whether it is collaborative with outsiders, and with which outsiders...

The terms get harder because open/closed suggests straightforward opposites that partition all the options. But I'd characterize licenses like BSL and the Fair Source License as 'generous proprietary licenses with public source availability', but not open-source.

I have a feeling that the term 'open-source' is more likely to erode than 'free software', in the coming decades. We'll see, I guess.


I'd agree with that and honestly I don't really care too much how our stuff is described except that it seems inaccurate and unfair to apply something like "closed source" to a BSL project that takes PRs, and to insist that only code released an OSI licence can be of benefit to the world.


> The broad distinction we care about within free software is copyleft vs. permissive

You are exactly correct about this.

1. Open-Source is a "Marketing Program for Free-Software". You describe yourself as having the "free-software" world view (which I describe as an anti-developer property worldview).

See: You can find OSI describe itself as a "Marketing Program for Free-Software" in their original FAQ: https://web.archive.org/web/20010406183942/http://opensource...

> The terms get harder because open/closed suggests straightforward opposites that partition all the options.

2. Again, you are exactly correct. By erroneously choosing term that is generic, that was already in use, and that can't be trademarked, the OSI set itself up for a loosing battle as "the universal standard" for what is not "closed-source".

GENERIC/DESCRIPTIVE: "We have discovered that there is virtually no chance that the U.S. Patent and Trademark Office would register the mark “open source”; the mark is too descriptive. Ironically, we were partly a victim of our own success in bringing the “open source” concept into the mainstream. So “Open Source” is not and cannot become a trademark.

https://opensource.org/pressreleases/certified-open-source.p...

ALREADY IN USE: There are many documented uses of "open source" in relation to software that is not closed-source, going all the way back to 1985. https://www.arp242.net/open-source.html#pre-1998-usage

> But I'd characterize licenses like BSL and the Fair Source License as 'generous proprietary licenses with public source availability', but not open-source.

As a person with a self-defined affiliation with free-software, it makes complete sense that you would see it this way, but how many people outside of the free-software group see that? The further someone is from self-affiliation with "free-software" surely the less likely they are to agree with this terminology.

> I have a feeling that the term 'open-source' is more likely to erode than 'free software', in the coming decades. We'll see, I guess.

I 100% agree with you. The OSI postulates a union between the interests of people who release software into the public domain, and the interests of people like yourself who believe in Free-Software.

In my view, there is nothing uniting these two groups and the fracture is 100% inevitable. Even if your preferred term `source-available` were to gain widespread acceptance/use, there is no reason for independent developers to subsidize big business by making their source free to use for those big businesses, unless the developers ideologically agree with the tenants of the free-software movement. However, if the developers agreed with the free-software movement, they would choose a GPL style license, not a MIT/BSD/Apache style public domain license.


I do not call anything under BSL open source. I would prefer if companies when presenting the BSL talk about their schedule to open source, the schedule being when the Change License takes effect, at least if the Change License is an open source one.


Under BSL, change license is required to be open source. I haven't seen any precedents yet, but MariaDB owns the BSL trademark, so they can enforce that.


Source available is proprietary. Decades ago, it was not unusual for proprietary Unix software to be distributed in source form, and installed by first compiling it on the target system. Merely distributing source is not and has never been the key difference between open-source and proprietary software.


You do realize that it is people like you who are turning FOSS in to OSS, then claiming BSL (and non-OSI Stuff) are not OSS and blaming others for damaging understanding?


they literally aren't. These are jargon terms with precise meanings.


I mostly agree. But I also think it is a jerk move to change the license like this after accepting many external contributions, even if it is legal due to CLAs.

At least they admit it isn't open source in the FAQ and are calling it the community version instead of the open source version.


And that's why I disñike CLA.




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