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I'm thinking that AGPL is, indeed, the Ebola of viral licenses, but it does not cover the case where a large cloud vendor simply takes an AGPL-licensed product
by gardenfelder 3y ago
I'm thinking that AGPL is, indeed, the Ebola of viral licenses, but it does not cover the case where a large cloud vendor simply takes an AGPL-licensed product and offers it as a cloud service. AGPL does not cover that case. Nothing the cloud vendor does challenges any of the AGPL's terms.
The cloud vendor issue is license agnostic. ElasticSearch comes to mind. For the AGPL side, MongoDB and Neo4J come to mind.
Recall that AGPL came into play by way of a hole in the GPL terms, the one where you can modify a GPL codebase but you don't have to say anything unless you publish it. GPL was weak in therms of the definition of "publish". AGPL closed that hole.
But, that hole only becomes toxic the moment you modify the code or plug proprietary stuff into it. Cloud vendors don't do that.
- wmf 3y agoCloud providers build a proprietary control plane to deploy copies of the program and it could be argued that such code is a modification of the program itself and thus has to be released. That's why they won't touch AGPL code.
- iavael 3y agoAGPL doesn't infect you code unless you don't link with AGPL-licensed one. Control planes rarely do this. That's why Amazon was absolutely OK with MongoDB being under AGPL.
- yellowapple 3y ago> but it does not cover the case where a large cloud vendor simply takes an AGPL-licensed product and offers it as a cloud service Because it doesn't need to, nor should it. That's only a competition issue if the upstream developer is actually offering a managed version themselves - and in that case they already have "we actually developed this software so we're the best option for supporting it in The Cloud™" as a selling point that even the likes of Amazon and Google cannot replicate (not without themselves participating in the actual development of the software in question). They should lean into that selling point and offer a better managed offering than what any cloud vendor could ever hope to offer. Plus, as I've mentioned in sibling comments, large cloud vendors probably don't have much interest in reselling Hashicorp's products anyway. Why resell Terraform when you're trying to lock customers into CloudFormation? Why resell Vault when you're trying to lock customers into Secrets Manager? Why resell any of Hashicorp's products when the thing for which they're marketed - avoiding vendor lock-in - is literally antithetical to your business model of maximizing vendor lock-in? > But, that hole only becomes toxic the moment you modify the code or plug proprietary stuff into it. Cloud vendors don't do that. Sure they do. If they didn't modify their managed versions of FOSS applications to integrate tightly with the rest of their offerings, then why would anyone bother to use the cloud-vendor-managed versions in the first place? If there's no benefit integration-wise relative to just slapping the vanilla version on some EC2 instance or EKS container or whatever, then what's the point?
- iavael 3y agoSSPL is much worse than AGPL. At worst AGPL demands you to license your own code under same terms. While SSPL demands you to license third-party code from backup solutions to operating system and firmware. Good luck publishing source code of Linux kernel or even Windows under SSPL.