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Amazon: Not OK – Why we had to change Elastic licensing

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Re: Amazon: Not OK – Why we had to change Elastic licensing

#231
post #18

Earlier quoted context omitted.

These things seem like Amazon went beyond just selling their hosted version of Elasticstack: "When the service launched, imagine our surprise when the Amazon CTO tweeted that the service was released in collaboration with us. It was not. And over the years, we have heard repeatedly that this confusion persists. NOT OK." "So imagine our surprise when Amazon launched their service in 2015 based on Elasticsearch and cal…

> "When the service launched, imagine our surprise when the Amazon CTO tweeted that the service was released in collaboration with us. It was not. And over the years, we have heard repeatedly that this confusion persists. NOT OK." This just means their CTO was sloppy, Amazon legal department would have never allowed that tweet. > "So imagine our surprise when Amazon launched their service in 2015 based on Elasticsear…

>This just means their CTO was sloppy, Amazon legal department would have never allowed that tweet.

Surely the legal department would have issued some sort of retraction. Can you find it?

>Definitely an abuse of power by Amazon

Yeah, that's what we're saying.

>people were scared of using proprietary code without knowing...I'm not surprised they missed some as it was really hard to tell.

Amazon is a trillion dollar company that has every capability of doing their due diligence. Sloppy communication, abuse of trademarks and stealing proprietary code are all inexcusable behaviors by a company with the size and power that Amazon has.

You're describing the problem as if it were the excuse. Amazon abused their power, stole proprietary code, abused a trademark, and violated the culture of the open source community whose code they were leveraging for profit. There's no excuse for it, even if it was somehow legal - and I don't suspect it was. I suspect that Amazon knows it's not legal - they just figure they can get away with it.

Re: Amazon: Not OK – Why we had to change Elastic licensing

#232
post #223

Apart from the general consternation about an OSS license becoming non-OSS, can we also talk about the problem that companies are formed, invest a whole lot of resources into creating a product, open-source it, and then have Amazon eat into their profits by just installing and maintaining that product as a service? No matter how you slice it, I think Amazon is bad for us end-users, and Elastic is good. Elastic could…

This is almost, but not quite, the "Tivoization" that prompted the creation of the GPL3. The requirement to give something back and/or avoid taking profit from the work of others is something the OSS world has a complicated relationship to. GPL is quite clear that there's a requirement to pass on source changes, if not explicitly to give them back, and many people were outraged by even this limited requirement and in…

> There aren't simple clear answers to these questions, only a slowly evolving discussion.

Certainly, and I think that if we want OSS to thrive we need to move towards a future where it's easy for companies to make a return on their investment by releasing OSS. I think Amazon and all the "I provide your software as a service" providers eat into that and hinder that future.

Yes, GPLv3 was meant to fight Tivoization, but it never anticipated providers providing services on an OSS product without contributing significantly, in combination with the companies that develop the OSS hoping to make money off the same hosted service that the former undercuts.

Basically, monetization strategies for OSS are few, and one that is beneficial for both the company and the consumer is providing hosted services. A third company that doesn't have to develop the software is usually a good enough competitor, but since the developer has the obvious support/knowledge advantage, they can still compete. This breaks down when Amazon comes in with its lock-in advantage and sucsk all the money away from the developer.

This is why we're seeing these new licenses, because there's no way currently to be "OSS except Amazon". I think we do need to figure out some way.

Re: Amazon: Not OK – Why we had to change Elastic licensing

#233
Elastic’s arguments are problematic considering the history of the codebase.

They didn’t invent “elasticsearch” from scratch, rather they took someone else’s codebase (Lucene) and made it better. Fundamentally that’s what AWS did too... they took open source code and improved on it to offer a very popular managed service. Elastic seems annoyed that AWS has executed better on the managed service front but aren’t offering up strong reasons for this being “NOT OK”. Elastic was happy to use code and concepts from others to build their product but seem annoyed when others did the same to them. I don’t get it.

The brand name thing might have more weight but it will come down to if they were truly enforcing the name the whole time they owned it or are just annoyed with AWS. If the name fell into common use they they likely won’t have much luck protecting it.

Re: Amazon: Not OK – Why we had to change Elastic licensing

#234

Apart from the general consternation about an OSS license becoming non-OSS, can we also talk about the problem that companies are formed, invest a whole lot of resources into creating a product, open-source it, and then have Amazon eat into their profits by just installing and maintaining that product as a service? No matter how you slice it, I think Amazon is bad for us end-users, and Elastic is good. Elastic could…

> companies are formed, invest a whole lot of resources into creating a product, open-source it, and then have Amazon eat into their profits by just installing and maintaining that product as a service?

Why should we be mad at Amazon for adhering to the terms of the license that the ES developers chose?

Software isn't born under the terms of Apache 2/MIT/BSD/a similarly permissive license. The people who developed it chose that license.

Re: Amazon: Not OK – Why we had to change Elastic licensing

#236
I think I have grown a rather hard stance on this over the years: putting an open source license on a product isn't a business model. It's, by and large, a part of a larger business model.

A license is a choice. It means you choose to not gain revenue by directly licensing the IP. Instead, you choose to put the code out there without any further legal obligations on your part as well as those who use that code.

It also means that you have to find alternate ways of making revenue e.g. by providing consultancy, building services or licensing the trademark (which is an entirely different ball game from open sourcing the code!).

The trouble isn't that Amazon decided to use ElasticSearch in their own offering. The trouble is that Amazon simply out-competes ElasticSearch with their own product when it comes to consultancy, services, etc.

To add insult to injury, Amazon made the mistake of leveraging the ElasticSearch brand a few times too many in ways that just rub the ElasticSearch people the wrong way.

Of course, the founders of ES could never predict how successful their product would become after a decade. There are plenty of open source products engineered by commercial companies that never catch the eye of behemoths like Amazon.

Re: Amazon: Not OK – Why we had to change Elastic licensing

#237
post #141

Earlier quoted context omitted.

If you're a paying customer, you are probably fine. If you're using SSPL'd Elastic (or Mongo DB, the risks are the same) for anything serious -- i.e. beyond a hobby, get legal advice ASAP. SSPL isn't an OSI certified license; many would call it at best a 'shared source' license because of the riders attached. [DELETED because, as user `gpm` points out, OSI doesn't own 'open source' as a trademark, sorry about that --…

It's especially ... ironic, that they think Amazonification is not-ok, but Enterprizificaion (open core) is a-ok. That said hosting ES is basically the same as building a carwash, or a gas station, or let's say a printing house. You get the machinery and build your own support services around it. Even the unit economics are not that different. AWS spent probably millions of dollars to push the marginal price down. Th…

The cloud providers would just build a competing service if they couldn't co-opt an existing popular open source solution. Or anoint an adjacent solution, like solr in the case of elasticsearch. But what can be done and we really haven't seen a "open-core" type infra component try this yet: is require open-sourcing changes. The opendistro approach sorta gets us there, in a hard-fork sense, but seems in adequate and is really only being done for connivence rather than licensing requirements. But we already have a licensing solution: the AGPL. But no enterprise or saas startup wants to touch AGPL software for the fear of it contaminating proprietary code. So it seems to me the solution is a hybrid APGL for cloud providers and apache/mit for others approach. Such a license seems feasible to write and would be superior to open-core for most users.

Re: Amazon: Not OK – Why we had to change Elastic licensing

#238

I think I have grown a rather hard stance on this over the years: putting an open source license on a product isn't a business model. It's, by and large, a part of a larger business model. A license is a choice. It means you choose to not gain revenue by directly licensing the IP. Instead, you choose to put the code out there without any further legal obligations on your part as well as those who use that code. It al…

> The trouble is that Amazon simply out-competes ElasticSearch with their own product when it comes to consultancy, services, etc.

I don't know if it out-competes them on those terms exactly, rather than the advantage of "Well I'm already on AWS and they offer an ES service so why not just use that".

Re: Amazon: Not OK – Why we had to change Elastic licensing

#239

Apart from the general consternation about an OSS license becoming non-OSS, can we also talk about the problem that companies are formed, invest a whole lot of resources into creating a product, open-source it, and then have Amazon eat into their profits by just installing and maintaining that product as a service? No matter how you slice it, I think Amazon is bad for us end-users, and Elastic is good. Elastic could…

> Apart from the general consternation about an OSS license becoming non-OSS, can we also talk about the problem that companies are formed, invest a whole lot of resources into creating a product, open-source it, and then have Amazon eat into their profits by just installing and maintaining that product as a service?

Ten years ago I would be very hesitant adopting ElasticSearch if I knew that they were the only ones allowed to maintain a cloud solution of it. The fact that is was liberally licensed made me less afraid of vendor lock-in.

In my opinion it seems like Elastic wants ElasticSearch to still be perceived as the fully open source project (with all of its good connotations) it once was.

> AWS is the fly in the ointment there, and I don't see how blaming Elastic for not giving us stuff for free any more is anything other than entitled. We should be grateful that ES is OSS at all, and we should want an environment where companies that produce OSS can thrive, instead of blaming them for wanting to get paid for the work that they release freely into the world.

It's okay to release things as non-OSS. It's also okay to release something as OSS first, and then regret later. But it's super weird that they're painting this picture of AWS being a big evil company when they're just doing exactly what is expected. Can't they just say "we're not able to build a company around the liberal license" instead of this "we're such an open company and we love open source and AWS is ruining everything" talk?

Re: Amazon: Not OK – Why we had to change Elastic licensing

#240

Apart from the general consternation about an OSS license becoming non-OSS, can we also talk about the problem that companies are formed, invest a whole lot of resources into creating a product, open-source it, and then have Amazon eat into their profits by just installing and maintaining that product as a service? No matter how you slice it, I think Amazon is bad for us end-users, and Elastic is good. Elastic could…

Amazon is executing EEE in modern times, it's brilliant nobody sees it. They are moving onto the "Extend and Extinguish" phase with elastic.

Elastic is a 10B company and have the ability to write all the proprietary code they want to compete with Amazon.
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