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The Linux Foundation's 'OpenTofu' Project Denies HashiCorp's Allegations of Code Theft
(news.slashdot.org)
this post was submitted on 14 Apr 2024
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According to the article, they basically copied and pasted code from the earlier version to a new place for some new purpose, which is the same thing Hashicorp did for the same purpose in their new version.
No idea what the actual details are, but that seems pretty likely to be permissible under the first license to me.