Anthropic takes legal action against OpenCode (github.com)

by _squared_ 398 comments 483 points
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398 comments

[−] malisper 58d ago
Since there's a lot of questions about what this means, let me explain.

Anthropic has two different products that are relevant here: the Claude API and Claude Code. The Claude API has usage based pricing. The more you use, the more you pay. With Claude Code, you can get a monthly subscription which gives you a fixed amount of usage. Comparing equivalent token generation between the Claude API and Claude Code, Claude Code with a subscription is much cheaper.

When it comes to third party products such as OpenClaw and OpenCode, Anthropic has made it clear those products should be using the Claude API and not the internal Claude Code APIs. OpenClaw and OpenCode have both been using the internal Claude Code APIs as when a user has a Claude Code subscription, the internal Claude Code API gives you tokens at a much cheaper rate than the Claude API. Presumably Anthropic makes Claude Code cheaper than the Claude API because they are willing to give users a discount for them to use Claude Code vs a competing product such as OpenCode.

It looks like until recently OpenCode tried to get around Anthropic's requirements by offering "plugins" in OpenCode that would allow users to use their Claude Code subscription in OpenCode. This PR mentions as much at[0][1]:

> There are plugins that allow you to use your Claude Pro/Max models with OpenCode. Anthropic explicitly prohibits this.

> Previous versions of OpenCode came bundled with these plugins but that is no longer the case as of 1.3.0

This PR seems to be in response to Anthropic threatening OpenCode with legal action if they keep using the internal Claude Code APIs.

  [0] https://github.com/anomalyco/opencode/pull/18186/changes#diff-b5d5affc6941bf7bb19805cc8f556cd1b9ae73ffd99e520120700536b166f8c0L310
  [1] https://github.com/anomalyco/opencode/pull/18186/changes#diff-b5d5affc6941bf7bb19805cc8f556cd1b9ae73ffd99e520120700536b166f8c0R321
[−] achompas 58d ago
Yep, well said and great, sharp explanation.

I think we can attribute a bunch of consternation here to drift between assumed and actual licensing terms.

The actual licensing terms for Claude Code expressly prohibit use of the product outside of the Claude Code harness. If you want Opus outside of CC, the API is available for your use anytime.

Some percentage of the community seems to assume their Claude Code subscription licenses allow free usage of CC across any product surface - including competing products like OpenCode. While this is a great way to save on API costs, the assumption is incorrect. In fact, it is *so* incorrect that Anthropic has encoded their licensing terms into their Terms of Service, and a result can take legal action against any violating parties.

We can have separate discussions about Anthropic’s use of the Common Crawl in pre-training, or whether foundation labs adhere to robots.txt conventions. But those don’t directly impact Anthropic’s right to bring litigation.

——

Outside of that I think angry users have their own stated preferences v revealed preferences here. They claim they want Opus on their terms, and Anthropic’s actions infringe on their user rights.

Angry folks: Opus is right there! You just need an API key! The reality is you want Opus in your devtools of choice at discounted rates. You could at least be honest about your consternation

[−] exitb 57d ago

> including competing products like OpenCode

I think that’s a bit more nuanced. The actual „product” is not the harness, which is free anyway, but the Claude subscription. In any scenario, that’s what the customer continues to pay for. I understand why Anthropic is doing that, but I feel no need to defend it. Just like I understand why Apple limits your app choices to AppStore, but I’m not going to go out of my way to defend their decision.

[−] ffsm8 57d ago
It's way more nuanced, because the subscription is older then Claude Code - and they only started to have a problem with third parties using it after Claude Code. (And not with the release, just some time after the release)
[−] dns_snek 57d ago
That makes perfect sense because that's when it became orders of magnitude more expensive to offer the service.
[−] ffsm8 57d ago
To me, that argument would only make sense if the subscription wasn't metered... But it is.
[−] gausswho 57d ago
Sheriff spits to the ground. One harness. One horse. How we do it' fer now on.
[−] coldtea 57d ago

>

We can have separate discussions about Anthropic’s use of the Common Crawl in pre-training, or whether foundation labs adhere to robots.txt conventions. But those don’t directly impact Anthropic’s right to bring litigation.

Some of us don't care for Anthropic's "right to bring litigation" anymore than we care about some scumbag patent troll company doing things "within their legal rights".

We care for the morality of its conduct, the openess of its products, and the environment it creates.

[−] FuckButtons 57d ago
I think this is disingenuous, people want to be able to use a tool that they pay for to do useful work on their own terms because they payed for it and don’t see the differential pricing model offered by Anthropic as legitimate.
[−] walletdrainer 57d ago
Why would it not be legitimate?
[−] Ferret7446 57d ago
[flagged]
[−] dns_snek 57d ago
It's very amusing to hear this particular argument being made to defend AI companies.

When the people want that, it's inconsequential.

When the corporations did that, it was their God-given right.

[−] FuckButtons 57d ago
I don’t agree, what people want is very consequential, because those people are paying customers of a service, if they aren’t happy with it they have every right to complain.

People should be vocal about what they do and do not think is reasonable behavior by corporations and then act based on those opinions with their wallets. Lord knows we have precious few other ways of influencing corporate behavior.

[−] kmijyiyxfbklao 57d ago
No, it's important. People are allowed to discourage each other from buying a product that they consider subpar.
[−] coldtea 57d ago

>

What the people want is inconsequential here. The people also want to abolish copyright and freely share and download media too.

I already approved of the complaints against Anthropic here, you don't have to sell it this hard to me.

(Not to mention the blatant hypocrisy that their whole business is based on open copyright abuse - all that copyrighted training material, illegally obtained books and movies, etc).

[−] hermanzegerman 57d ago
They can't take any legal action outside of the US. In most other jurisdiction such Bullshit in the ToS would be void anyway
[−] 827a 58d ago
I'm really struggling to understand how Anthropic is benefited by not allowing this. Its bad PR for no good reason. The only thing I can figure is that Claude Code is hemorrhaging money, they're too afraid to actually enforce reasonable token limits, and the only thing that's keeping it from totally bankrupting the company tomorrow is: controlling the harness and having the harness dynamically route toward Haiku or Sonnet over Opus when Opus is overloaded, without telling the user. Or maybe, they're extremely interested in observability of the exact prompts users are typing, and third party harnesses muck that data in with the rest of the context that gets sent, so its harder to detangle the prompt from the noise?

Like, in any event, I seriously get the feeling that Anthropic doesn't just not care about their users, but actively dislikes them. Like, they must be losing so much money on each Claude Code subscriber that if a million people all said "we're switching" they just wouldn't care. I get this vibe even from watching videos of people working on the Antrhopic team; like they all think they're Gods above mere mortals, serving some higher purpose, and nothing matters to them except Building the Machine God.

OpenCode is awesome. Claude Code is nothing special at all. Last month I switched to just using OpenCode with a Codex $200/mo subscription, and that's been great. Let the weirdos at Anthropic do what weirdos do, and hopefully one day their name is never mentioned again in polite society.

[−] mellosouls 58d ago
This and threatening OpenClaw (now at OpenAI), Anthropic really on a roll making friends in Open Source.

Previously discussed I think:

Anthropic Explicitly Blocking OpenCode (173 points, 157 comments)

https://news.ycombinator.com/item?id=46625918

[−] extr 58d ago
The OpenCode guys have really surprised me in the way they've reacted to Anthropic shutting down the side-loaded auth scheme. Very petty and bitter. It's clearly just a business decision from Anthropic and a rational one at that, usage subsidization to keep people on the first party product surface is practically the oldest business move in the book and is completely valid.
[−] gwd 58d ago
"Legal action" means you filed a lawsuit. This looks more like someone sent a list of requested changes, backed up by an implicit or explicit threat of legal action.
[−] jryio 58d ago
Businesses exercise power and control in the market. The purpose of this is to set a precedent (perceived or actual) — the auth system was a product, not an API. Anthropic is drawing the line between 'built on us' and 'built around us.'

I don't necessarily see this as an evil action. It doesn't inhibit open source, it sets terms of service and practice boundaries.

Granted this is a wildly unpopular approach, worse has happened in the OSS world...

[−] scuderiaseb 57d ago
Worth noting something the PR comments are glossing over is that the auth plugin wasn’t actually deleted in this PR, just removed from the default bundle. A third-party plugin doing the same thing is still technically on the table. OpenCode just can’t be the one shipping it anymore. Whether that holds up legally is anyone’s guess, but it’s not a hard wall.
[−] tallesborges92 57d ago
This is really sucks, it’s a bad move for Anthropic, OpenAI is allowing using their models in third parties apps and the china models as well …

I don’t believe Anthropic will win this battle.

I just want to use the tools in a way and customized way that I want, Anthropic not allowing me to me to do that forced me to use the codex models, thanks for that I’m very happy with the results. I’m cheering for OpenAI

[−] unshavedyak 58d ago
Anyone know why OpenCode is integrating to ClaudeCode in the manner they were? Ie CC gives you an SDK, and i get the impression that Anthropic is fine with you using whatever external tools you want with the SDK .. otherwise why'd they publish an SDK?

So if CC has an SDK, why doesn't OC just use the SDK? I assume there's some functional reason why it doesn't perform to their needs? Maybe it's not low level enough? I'm unfamiliar with what sort of functionality a harness needs.

It makes me nervous as i'm using the CC SDK for my own wrapper though. Hypothetically what i'm doing is no different than embedding CC into an IDE.. though. Fingers crossed.

[−] cferry 57d ago
I believe the solution to this kind of problems is that enough legislators (thinking of USA, EU) make it illegal to require a certain implementation of a software client to use an online service, whether this restriction is built into the communications protocol or checked through a side channel. Then the owner of the client device decides which implementation they'd like to use - so corporations can keep requiring the proprietary "official" one on their own corporate devices, but customers / end users who own their devices get to choose. Like, basic rights that come with ownership.

This would essentially take us back to what online services were 20 years ago, by outlawing a business model that relies on providers controlling stuff on users' devices. What's on the server is the company's business, what's on the client is the user's, and the boundary is clear. On the one hand, services that would persist would likely no longer have free tiers (which would essentially mean free lunch for customers); since it's a commercial service run by a company that has costs, it's just normal to pay for it as a user, there's no free beer anywhere. On the other hand, by paying for something, you'd get that thing and nothing else, as there's always going to be a client that doesn't leak data not necessary for the service to perform whatever you paid for, or impose arbitrary restrictions on its use. If any, these need to be server-side.

[−] hokkos 58d ago
It's ok when Anthropic do it, like when they make deal with the army.
[−] valunord 58d ago
This wouldn't be so bad if they didn't have such a sucky tui or ecosystem. AI is chef's kiss, tooling is bottom barrel.
[−] MyHonestOpinon 58d ago
Can anyone ELI5 what is open code and why Anthropic is asking them to delete something ?
[−] _ache_ 58d ago
AI company crying over IP violation. Incredible.
[−] vova_hn2 57d ago
I can understand how and why they are able to go after users, who violate ToS, but I do not understand how are why they can go after open source developers, who just publish some source code that seems to be protected speech under the First Amendment [0] in the US jurisdiction.

[0] https://en.wikipedia.org/wiki/Code_as_speech

[−] rcr-anti 58d ago
Something that usually gets missed in these discussions is that the subscription quotas seem to rely heavily on prompt caching to be economically viable, or at least less unviable. They can and do have permutations of the system prompt, tools, skills, etc. that makes the first 20k or so tokens hit the cache and not use inference resources for that portion. In addition, from my monitoring, Claude Code with Max has about an 80% cost reduction via caching (equivalent if you had done the same work with API billing), and has been improving over time. If cache use passes on a discount of 90% I think it's fair to assume the actual cost to them is close to negligible.

So they're being obtuse about it for some reason, but if you want an economically sustainable model for AI companies they have to have some kind of optimization for the otherwise ridiculously discounted subscriptions. They sell subscriptions at the same rate and quotas to enterprise now, minus the $200 tier, so this isn't just consumer marketing being subsidized by b2b revenue.

Whether they're making money or just losing less, you can only get those kind of cache optimizations when you have a fixed client.

[−] droidjj 58d ago
It's not clear what exactly the "legal action" is based on this github link. My pure speculation is Anthropic's lawyers have come up with a liability story boiling down to OpenCode helping end users violate the Anthropic ToS (i.e. tortious interference with contract).
[−] 627467 57d ago
Hey its not suing me so i guess i shouldnt care?

But what is the argument here? "OpenCode facilitates the users of their opensource tool to misuse another app they have installed"?

I guess anything goes with ip law really. Its all about flexing lawyer power and willingness to drown opponents in legal costs.

Maybe if you dont want people to misuse your sub dont ship the ability to do so in the app that users actually installed on their machines?

This is the same as all the alternative youtube clients. Just play the cat and mouse game Anthropic

[−] guru4consulting 57d ago
Anthropic subsidizes the fees when devs use their API within their own Claude code product. They do not give any such discount when the devs use their API outside their product. Seems fair enough. But looks like lots of developers expect the subsidy even when used outside their core product. Not fair, I guess.

In the end, a business gets to decide how and when to strategically subsidize their users.