Comment

Comment by wegs2

IANAL, but you're obviously not one either. A lot of what you said is false. You don't read legal text like a piece of code. Contracts and licenses don't work like that. It took me a long time to wrap my head around this.

Contracts and licenses are built on:

1) Things need to be substantially the same. If I offer to build a house for you with Brand X super-plywood flooring, and it's sold out, I can build it upgraded to Brand Y corkwood flooring since Brand X plywood was sold out, and it's substantially equivalent for the purpose, and that's okay. On the other hand, if Brand X introduces a new low-cost plywood flooring that technically qualifies but obviously isn't what we meant, you've got a case.

I can't imagine any court will care about 4b being on a per-file versus per-repo basis.

2) Damages. There isn't a magic genie which throws contract-breakers or license-breakers in jail. The extent to which these matter is damages. If I break an agreement with you, you need to care enough to sue me. Beyond that, a court will award damages, and you'll need to show you were harmed somehow, or entitled to statutory damages.

I'm not sure how you'd show you were somehow damaged by a change like whether license text is per-file or per-repo.

Contracts are written by lawyers who keep all this in mind. That's why I hire lawyers to help interpret contracts; a plain language read is often misleading. My advice is read the licenses with a lawyer, or at least someone with a basic background in contracts and licenses. Goodness knows there are bad lawyers out there, but even those will give better advice than a stranger on the internet.

Disclaimer: This is specific to common law systems, and perhaps not all of them. But that's how the US works.

parent wegs2 5 years ago

Discussion

Live from the official Hacker News API

A modern reader for Hacker News · SvelteKit + Skeleton