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OpenTofu Response to HashiCorp's Cease and Desist Letter

opentofu.org

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Re: OpenTofu Response to HashiCorp's Cease and Desist Letter

#21

An official apology from the author of the article that sparked the entire discussion - https://twitter.com/mjasay/status/1778454498664690108 It takes guts to publicly admit you were wrong.

Until there is an update to the original article [0], I don't find this apology particular meaningful. 0: https://www.infoworld.com/article/3714980/opentofu-may-be-sh...

It's been updated, but frankly they need to put out an entirely new article discussing how this first article came out in the first place. If this is something Hashicorp pushed to them, and they decided to publish it without seeking comment from OpenTofu first, that's really inappropriate and needs to be disclosed. Further, they owe it to everyone involved to give the same amount of attention to the OpenTofu response as they did the initial accusation, which means more than just one paragraph.

Re: OpenTofu Response to HashiCorp's Cease and Desist Letter

#22

An official apology from the author of the article that sparked the entire discussion - https://twitter.com/mjasay/status/1778454498664690108 It takes guts to publicly admit you were wrong.

Until there is an update to the original article [0], I don't find this apology particular meaningful. 0: https://www.infoworld.com/article/3714980/opentofu-may-be-sh...

There is an update already:

"Update: Since this article was published, HashiCorp sent OpenTofu a cease-and-desist letter on April 3, 2024, expressing in greater detail the concerns raised in this post. On April 11, 2024, the OpenTofu maintainers responded with a detailed analysis of the claims made about the removed block. Based on these documents, it appears that the OpenTofu community did not misappropriate HashiCorp’s intellectual property."

Re: OpenTofu Response to HashiCorp's Cease and Desist Letter

#23

An official apology from the author of the article that sparked the entire discussion - https://twitter.com/mjasay/status/1778454498664690108 It takes guts to publicly admit you were wrong.

Yeah, that is fair, its better than nothing. But he could have also done the thing that every other good journalist does and ask both sides for comment instead of speculating for 1000 words.

Re: OpenTofu Response to HashiCorp's Cease and Desist Letter

#26
The argument OpenTofu and their lawyers are making is that they didn’t copy the “removed” statement, which is under the new BUSL license, they looked at the “moved” statement (licensed originally under MPL) and derived their own removed statement from that. Maybe true but I can’t help but wonder if there was any “parallel construction” involved.

If you look at the PR in OpenTofu: https://github.com/opentofu/opentofu/pull/1158

It claims to fix this issue: https://github.com/opentofu/opentofu/issues/1032

Which in turn references this issue in terraform: https://github.com/hashicorp/terraform/issues/34402

I’m not a lawyer and have no idea who is right or wrong but I understand why Hashicorp is scrutinizing this.

Re: OpenTofu Response to HashiCorp's Cease and Desist Letter

#27

The argument OpenTofu and their lawyers are making is that they didn’t copy the “removed” statement, which is under the new BUSL license, they looked at the “moved” statement (licensed originally under MPL) and derived their own removed statement from that. Maybe true but I can’t help but wonder if there was any “parallel construction” involved. If you look at the PR in OpenTofu: https://github.com/opentofu/opentofu/…

Scrutinizing the fact that a PR links to an issue that links to an issue on another public repo, opened by what I understand to be a community member? I mean, who's going to stop them, right?

Re: OpenTofu Response to HashiCorp's Cease and Desist Letter

#28

The argument OpenTofu and their lawyers are making is that they didn’t copy the “removed” statement, which is under the new BUSL license, they looked at the “moved” statement (licensed originally under MPL) and derived their own removed statement from that. Maybe true but I can’t help but wonder if there was any “parallel construction” involved. If you look at the PR in OpenTofu: https://github.com/opentofu/opentofu/…

Scrutinizing the fact that a PR links to an issue that links to an issue on another public repo, opened by what I understand to be a community member? I mean, who's going to stop them, right?

OpenTofu PR’d a feature in response to a request to do what Terraform had done under a different license. Hashicorp would be foolish not to look into it.

Re: OpenTofu Response to HashiCorp's Cease and Desist Letter

#29

Earlier quoted context omitted.

Scrutinizing the fact that a PR links to an issue that links to an issue on another public repo, opened by what I understand to be a community member? I mean, who's going to stop them, right?

OpenTofu PR’d a feature in response to a request to do what Terraform had done under a different license. Hashicorp would be foolish not to look into it.

And here's where we agree. They totally should have had people look into it. Competent people, engineers. Would've saved them the current embarrassment.

Re: OpenTofu Response to HashiCorp's Cease and Desist Letter

#30
post #18

Earlier quoted context omitted.

Smells like stinky tofu (臭豆腐)

heh, clever pun. but hardly. have you tried it? stinky tofu doesn't smell as bad as its reputation. and it tastes great. stinky tofu doesn't hold a candle to durian or some of the more pungent cheeses. of course this comment is coming from a guy who likes those cheeses, and durian, so YMMV. my biggest gripe about stinky tofu is that it isn't stinky enough.

I've been in Taipei for a while and still think it's pretty stinky, but I don't mind the taste too much haha
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