Ask HN: Why isn't the Elastic license considered open-source?
My understanding is that it grants all rights except to provide a hosted version of it for money.
That seems very fair and open to me. You can use it. Self-host it. Modify it, etc. All the benefits of open-source, imo.
It just prevents the only thing I really care about if I'm trying to build an open-source business.
I guess my other question is, why are we -- as a community -- opposed to calling our software "open source" if we use the Elastic license?
8 comments
[ 3.4 ms ] story [ 38.1 ms ] threadA variety of unscrupulous business people have wanted to call their software "open source" as a marketing tactic without adhering to the terms of the Four Freedoms. This practices is derisively known as "openwashing" or "FOSSwashing" and is a good way to alienate the cadre of senior hackers who are strong believers in the Four Freedoms, the ones who make FOSS a successful movement in the first place, and garner bad publicity. You are better off avoiding such deceptive marketing practices.
When I read the 4 freedoms listed here, it seemed that the Elastic license upholds these four freedoms. The only thing you can't do with the code is sell a hosted version of it. Am I reading that right?
That is a restriction to the *Freedom 0* : The freedom to use the program for any purpose
The purpose being to earn money by providing a hosted service using the software.
It also puts a limitation on *Freedom 1*: The freedom to study how the program works, and change it to make it do what you wish.
By preventing circumvention of licence key functionality.
That said, I believe those are reasonable restrictions. Any freedom without some limitations in how you can use them is unsustainable in the long run.
I am also considering Elastic Licence v2 for future software that may be monetised. But I would call it source available[1], and not free / open source to avoid confusion.
[1]: https://en.wikipedia.org/wiki/Source-available_software),
Along with that, it's generally held that licenses with prohibitions like the Elastic License violate some combination of planks 1, 5, or 6 of the OSD.
Now all of this is debatable, and the OSD isn't anything legally binding, but it is widely acknowledge and respected.
[1]: https://opensource.org/osd
[2]: https://opensource.org/
The term "Open Source" was created by a group that later became the Open Source Initiative: https://opensource.org/history
By definition, a software license is not "Open Source" unless it meets all the criteria of the Open Source Definition: https://opensource.org/osd
The Elastic license does not meet point six of the Open Source Definition:
"6. No Discrimination Against Fields of Endeavor
The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research."
Therefore the Elastic license is not an Open Source license.
It's your software. License it how you want.
This is very much not a case with Elastic. If you build your business on their cloud offering (and use all the latest APIs), it's a great risk. They increase prices? You have to pay more. They go out of business? sucks to be you. The self-hosting alternative would be very disruptive as you'd urgently need to get operational expertise in running and tuning the services, and that's not a simple thing.
So no, Elastic license is not providing major benefits of open source, and thus one should not call it "open source". It's a single-supplier commercial license. Nothing wrong with this, they wrote the code after all, but one should be aware of it when choosing a storage system.