here's what they say about FOSS  
https://spideroak.com/engineering_matters#open_source

note that Canonical has cloud stuff that is not open source. Some companies 
apparently can't remain competitive if everything is open sourced.

> Date: Fri, 6 Apr 2012 00:25:47 +0100
> From: [email protected]
> To: [email protected]
> CC: [email protected]
> Subject: Re: Ubuntu One needs cloud encryption like LastPass does it
> 
> On Thu, Apr 05, 2012 at 06:42:23PM -0400, Sam Smith wrote:
> > 
> > The point is that SpiderOak (and Lastpass) never know the user's password. 
> > And never receive the encryption key. The key never leaves the user's 
> > computer. The server never gets it. The only thing that ever lands on the 
> > server is an encrypted blob. 
> > 
> > What this means is that the user doesn't have to worry about the 3rd party 
> > taking care of the data. If the 3rd party is hacked, if the 3rd party has a 
> > rogue employee, etc. The data has a much better chance of being safe than 
> > if it's implemented like say iCloud where even if the data is encrypted 
> > Apple holds the encryption key and can access the data anytime they want. 
> > If Apple can access the data, a rogue employee and a hacker can potentially 
> > access the data.
> 
> Are SpiderOak and LastPass FOSS?
                                          
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