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Merge pull request #36 from opentffoundation/feat-legal-updates
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Incorporate suggestions from legal
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SebastianStadil authored Aug 14, 2023
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Expand Up @@ -20,14 +20,16 @@ <h1>The OpenTF Manifesto</h1>

<div>
<p>
Terraform was open-sourced in 2014 under an MPL license. Over the next ~9 years,
it built up a community that included thousands of users, contributors, customers,
Terraform was open-sourced in 2014 under the Mozilla Public License (v 2.0) (the “MPL”).
Over the next ~9 years, it built up a community that included thousands of users, contributors, customers,
certified practitioners, vendors, and an ecosystem of open-source modules, plugins,
libraries, and extensions.

Then, on August 10th, 2023, with no advance notice and no chance for the community
to have any input, HashiCorp switched Terraform to a non-open-source BSL license.
This change threatens the entire Terraform community and ecosystem.
Then, on August 10th, 2023, with little or no advance notice or chance for much, if not all,
of the community to have any input, HashiCorp switched the license for Terraform from the
MPL to the Business Source License (v1.1) (the “BSL”), a non-open source license. In our
opinion, this change threatens the entire community and ecosystem that’s built up around
Terraform over the last 9 years.
</p>

<p class="font-bold">
Expand All @@ -37,32 +39,31 @@ <h1>The OpenTF Manifesto</h1>
<p>
Overnight, tens of thousands of businesses, ranging from one-person shops to the
Fortune 500, woke up to a new reality where the underpinnings of their infrastructure
suddenly became a potential legal risk. The legal terms in the BSL license are vague,
and now every company, vendor, and developer using Terraform has to wonder whether
what they are doing could be construed as competitive with HashiCorp. And even if you
might be in the clear now, how can you build confidence that your usage won't violate
the license terms in the future? What if your products or HashiCorp's products change?
What if HashiCorp changes how they interpret competitive? What if they change the
suddenly became a potential legal risk. The BSL and the additional use grant written by
the HashiCorp team are vague, and now every company, vendor, and developer using Terraform
has to wonder whether what they are doing could be construed as competitive with HashiCorp’s
offerings. The FAQ provides some solace for end-customers and systems integrators today,
but even if you might be in the clear now, how can you build confidence that your usage
won't violate the license terms in the future? What if your products or HashiCorp's products
change? What if HashiCorp changes how they interpret competitive? What if they change the
license again? As a result, everything that uses Terraform is on shaky ground.
</p>

<p>
It is clear that under the new license, the thriving Terraform ecosystem will dwindle
and wither. As developers consider what tools to learn and what ecosystems to contribute
to, and as companies consider what tools to use to manage their infrastructure, more and more,
they'll pick alternatives that are genuinely open-source without the licensing uncertainty.
Existing Terraform codebases will turn into liabilities, independent tooling will all but
disappear, and the Terraform community will fracture and disappear.
It is clear to us that under the new license, the thriving ecosystem built up around the
open source Terraform will dwindle and wither. As developers consider what tools to learn
and what ecosystems to contribute to, and as companies consider what tools to use to manage
their infrastructure, more and more, they'll pick alternatives that are genuinely open-source.
Existing Terraform codebases will turn into outdated liabilities, independent tooling will
all but disappear, and the community will fracture and disappear.
</p>

<p>
This sort of change not only fractures the Terraform community but it also harms all similar
open-source projects. Every company and every developer now needs to think twice before
adopting and investing in an open-source project in case the creator suddenly decides to change
the license. Imagine if the creators of Linux or Kubernetes suddenly switched to a non-open-source
license that only permitted non-competitive usage.

Would you still risk running your production software using those tools?
This sort of change also harms all similar open-source projects. Every company and every
developer now needs to think twice before adopting and investing in an open-source project
in case the creator suddenly decides to change the license. Imagine if the creators of Linux
or Kubernetes suddenly switched to a non-open-source license that only permitted
non-competitive usage.
</p>

<p>
Expand All @@ -72,7 +73,7 @@ <h1>The OpenTF Manifesto</h1>
</p>

<p class="font-bold">
Our goal: ensure Terraform is handed over to an open source foundation.
Our goal: ensure Terraform is handed over to an appropriate open source foundation.
</p>

<p>
Expand Down Expand Up @@ -103,12 +104,12 @@ <h1>The OpenTF Manifesto</h1>
</ul>

<p class="font-bold">
Our request of HashiCorp: donate Terraform to this foundation.
Our request of HashiCorp: donate Terraform to such a foundation.
</p>

<p>
We ask HashiCorp to do the right thing by the community: instead of going forward with the
BSL license change, donate Terraform to this foundation, and keep it under a genuinely open-source
BSL change, donate Terraform to a suitable open source foundation and keep it under a genuinely open-source
license. Instead of fracturing the community, we end up with a single, impartial, reliable home for
Terraform where the whole community can unite to keep building this amazing ecosystem.
</p>
Expand All @@ -118,10 +119,10 @@ <h1>The OpenTF Manifesto</h1>
</p>

<p>
If HashiCorp is unwilling to donate Terraform to the foundation, we propose to fork Terraform and
maintain the fork in the foundation. Supporting a fork will take time, skill, effort, and coordination.

To this end, this pledge will pool our resources and build a more open, inclusive future for Terraform.
If HashiCorp is unwilling to donate Terraform to a suitable open source foundation, we propose to fork
the legacy MPL-licensed Terraform and maintain the fork in the foundation. Supporting a fork will
take time, skill, effort, and coordination. To this end, the signatories below pledge to pool
our resources and build a more open, inclusive future for an open source Terraform.
</p>

<h2>LIST OF PLEDGING COMPANIES AND PLEDGED RESOURCES:</h2>
Expand Down

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