Justin is founder and principal analyst at PivotNine. He covers enterprise IT, cloud, and information security.
Last week, the OpenTofu project was accused of infringing HashiCorp’s copyright in Terraform by incorporating newly BSL licensed code without permission. Those accusations now appear to be unfounded.project. A fork occurs when development of a codebase diverges from a common root. This is a key fact to remember as we analyze the claims made by HashiCorp and OpenTofu’s response., partly to ensure they could continue to build their own products on an open source core.
The cease-and-desist notice also stated “In light of these instances of infringing reproductions and distributions of HashiCorp copyrighted code, we are concurrently sending DMCA takedown notices to Github to ensure the offending materials are removed, and any repeat infringers’ accounts are disabled.” Theprovides a mechanism for copyright owners to request a service provider to take down infringing material or risk secondary liability for assisting with copyright infringement.
In the most material aspects, OpenTofu explained that its implementation was independently developed and that this is reflected in the divergent logic of the code as well as its written expression. Thanks to the open source nature of OpenTofu and previous versions of Terraform, most of these claims can be tested byUpdate: 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.
I can understand how a quick scan or superficial review of the code could lead someone to suspect that copying may have occurred. This should have been the beginning of an analysis, not its conclusion. More careful review would have been needed to determine if these suspicions were warranted and sufficiently supported with facts. Unfortunately, it now appears that any such review by HashiCorp or its lawyers was not sufficiently careful, given the gravity of the claims.
Hashicorp BSL Terraform Copyright Open Source
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