albyhub isn't open source - signing up for albyhub requires a EULA

[sneak]

Subject to the following terms, Alby grants to you a perpetual, worldwide license to the Application pursuant to the Apache-2.0 license. (https://github.com/getAlby/hub?tab=Apache-2.0-1-ov-file#readme). This EULA pertains solely to the Application and does not limit your rights under, or grant you rights that supersede, the license terms of any particular component.

This is a contradiction. Either I have rights to the application under Apache 2.0, or I have to abide by these terms. The Apache 2.0 license is not "Subject to the following terms" - it is the complete license to the software.

If there are additional terms to which I am subject, then the application is NOT licensed under Apache 2.0, as the Apache 2.0 license does not have those additional terms.

[bumi]

Thanks for bringing this up! quite important actually.

The account (which has some ToS) is optional and not required by the app actually. but I have to review if there that needs to be reflected here.

[MoritzKa]

Thanks for highlighting it. Which paragraphs of the EULA terms interfere with the Apache License?

We could highlight more the original intention that that the EULA refers only to the combination of using Alby Hub together with an Alby account.

[sneak]

Which paragraphs of the EULA terms interfere with the Apache License?

All of them. The Apache license defines a set of licensing terms. If you add any other terms, such as a EULA, it is no longer the set of terms that is defined by the name “Apache license”, and it is longer “Apache licensed”. It is also thus not open source, as the definition of open source includes “no EULA”.

EULAs are incompatible with open source software by their nature. Open source software, also known as free software, preserves the freedoms of a user of software. EULAs restrict those freedoms.

[MoritzKa]

Thanks. Is there a concrete example in the current EULA that restricts the use of the software?
I am learning a lot here. Let's check if Alby's Terms of Service already cover the relation between the user and Alby, the company, sufficiently.

[sneak]

The AlbyHub EULA states:

17. Acceptable Use You agree not to use Products and Services in ways that: (1) violate, misappropriate, or infringe the rights of any Alby entity, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (2) are illegal, defamatory, threatening, intimidating, or harassing; (3) involve impersonating someone; (4) breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark; (5) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; (6) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Products and Services; (7) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing; (8) violate any applicable law or regulation; or (9) encourage or enable any other individual to do any of the foregoing.

These are incompatible with free software licenses. If one must agree to these terms to use the products, then they're not open source/free software.

[sneak]

Further:

*29. Miscellaneous This agreement and any policies or operating rules posted by us on getalby.com websites constitute the entire agreement and understanding between you and us. *

This means that these restrictions supersede the Apache license, and they are substantially more restrictive. AlbyHub is thus licensed under a proprietary and restrictive (i.e. nonfree) license.