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Project includes a dependancy that has a license that forbids its use

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Re: Project includes a dependancy that has a license that forbids its use

#231
post #25

I love that all the discussion here is about the license I wrote and not about the actual project, which is a completely terrible idea and something I created as a lark. Why did I not spell this out in the blog post? For my own amusement. I also think it shows that licenses really don't matter all that much as some people think, they are not computer code.

Well done! It also made me think GitHub should do more to highlight the license in their UI.

Re: Project includes a dependancy that has a license that forbids its use

#232

I'm completely baffled how people work. Something like that can't actually happen. At least if you assume people working on software can read. But it seems not even this can be safely assumed nowadays. How can someone include some dependency without checking the license? That's actually the very first thing to do, before you can even consider using something! Not doing this is extremely unprofessional. Additionally i…

I highly doubt most devs check the license of every dependency 3 layers deep from their UI framework. create-react-app, vue-cli sets up several hundred dependencies. If you tell me >50% of devs investigate each dependency manually, or run a license checker on that, I don't believe you.

Where I work for we have automated license scanners for this reason. They would flag such a use. But this open source project, and apparently 467 other cases, missed that. Maybe the contributors assumed the author had done their due diligence, maybe they just don't check in general, it's hard to know.

Re: Project includes a dependancy that has a license that forbids its use

#233
post #18

Earlier quoted context omitted.

The conflicting license states >I do not give anyone permissions to use this tool for any purpose. Don't use it. So no use rights either.

But the granting of rights to redistribute is governed by the applicable copyright law, as far as I know there is no equivalent body of law governing usage. You can't give someone information but attach conditions to its use, except in specific circumstances. You can certainly make someone sign a contract before agreeing to give them the information, but that's not what's occurring here.

Copyright law governs the right to generate and use copies of a work, whether they are for distribution or your own use. It’s right there in the name: “copy” right.

If you can figure out how to use software code that someone else wrote, without making your own copy of it first, I suppose that would not be in violation. I’m not aware of any way to do that, though.

Re: Project includes a dependancy that has a license that forbids its use

#234
post #25

I love that all the discussion here is about the license I wrote and not about the actual project, which is a completely terrible idea and something I created as a lark. Why did I not spell this out in the blog post? For my own amusement. I also think it shows that licenses really don't matter all that much as some people think, they are not computer code.

The issue here is that you're a well-poisoner, putting out code that can't be used, as a joke, while also making a popular blog post and making the software easy to use as a library. Now that it's being used, it's also hard for folks to remove your library and implement something similar without it being considered a derivative. Sure, it's funny, but it's a joke at the expense of everyone else. This is like going to…

One important difference is he didn't walk up to anybody, they walked up to him. He owes nothing to anybody, it's not like he ran a media campaign.

Re: Project includes a dependancy that has a license that forbids its use

#235
post #201
post #199

Earlier quoted context omitted.

github TOS do not grant you use of others code. it grants distribution. those are two very different things.

See this sibling thread: https://news.ycombinator.com/item?id=28265245 I am contending (with citations to the law) that you simply don't need a license to execute other peoples code once you legally have a copy of it.

The core question is whether downloading code from GitHub legally gives you a copy of it.

The answer is likely no (within the U.S. at least), based on conversations I’ve had with lawyers who specialize in intellectual property law.

While arguing on HN is a fun intellectual exercise, I would encourage anyone to talk things over with a lawyer before putting financial resources at risk by intentionally violating the expressed license (or lack thereof) in published software code. Even if it is published on GitHub.

Re: Project includes a dependancy that has a license that forbids its use

#236
post #152

Earlier quoted context omitted.

Which part and in what way? Clearly the blog post is not satire, since the method works, and the license cannot be satire as it seems like it would be legally sufficient to prevent people from using it, which is exactly the stated purpose of the license. It's also implied that the author has received requests to change the license so others can use the package, which have been denied. The author even went so far as t…

Your reaction is the joke

You're a joke.

Re: Project includes a dependancy that has a license that forbids its use

#237
post #148

Earlier quoted context omitted.

> As long as you do not compile and run it, you can link it until you turn blue in the face. With GitHub Codespaces and GitHub Actions you aren't compiling or running the code, GitHub is. From my understanding, this satisfies the following: > solely on GitHub as permitted through GitHub's functionality

I told the judge that I didn’t kill anyone, the hitman I hired did! For some reason, he didn’t see it as you do.

Performing those actions on GitHub isn't important because it allows you to technically bypass a restriction by having a third party do it (which I agree is a poor defense) but because the author explicitly relinquished some rights by putting the project on GitHub.

Re: Project includes a dependancy that has a license that forbids its use

#238
post #25

I love that all the discussion here is about the license I wrote and not about the actual project, which is a completely terrible idea and something I created as a lark. Why did I not spell this out in the blog post? For my own amusement. I also think it shows that licenses really don't matter all that much as some people think, they are not computer code.

The issue here is that you're a well-poisoner, putting out code that can't be used, as a joke, while also making a popular blog post and making the software easy to use as a library. Now that it's being used, it's also hard for folks to remove your library and implement something similar without it being considered a derivative. Sure, it's funny, but it's a joke at the expense of everyone else. This is like going to…

He's not a well-poisoner, someone just decided to chug from a bottle clearly marked "do not drink".

If someone spends the time to integrate mystery code without taking the time to check the license allows it then frankly they dug that hole themselves.

Re: Project includes a dependancy that has a license that forbids its use

#239
post #222

Earlier quoted context omitted.

Gonna have to disagree that it's funny.

Why not? Do you feel entitled to a warranty?

I just don't think "here's a neat thing... tee-hee you can't use it!" Is funny. I don't know if "neener neener" was ever funny to me, even as a child. I understand that it's important to you to bandy about "subtle" accusations by using words like "entitle" so you can feel like you have a point, but there's nothing more there. If I felt entitled I would just ignore the license and use the code anyway.

Re: Project includes a dependancy that has a license that forbids its use

#240
post #222

Earlier quoted context omitted.

Why not? Do you feel entitled to a warranty?

I just don't think "here's a neat thing... tee-hee you can't use it!" Is funny. I don't know if "neener neener" was ever funny to me, even as a child. I understand that it's important to you to bandy about "subtle" accusations by using words like "entitle" so you can feel like you have a point, but there's nothing more there. If I felt entitled I would just ignore the license and use the code anyway.

I have no idea what you’re talking about.
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