The CLA works similarly to Signal’s CLA forcing them to keep the source public and preventing them from “doing a Hashicorp” (their words)
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It’s an understandable decision. Altough I dislike the CLA, the projects are still open source with even better user protection than the previous permissive license.
But I don’t see those big companies who didn’t contribute back do so now – they’d probably rather write their own server implementation. Maybe some smaller corporations will have to contract Element, or they’ll use another server implementation to extend instead. But maybe those don’t scale well enough.