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OwnCloud Infinite Scale added EULA that prohibits commercial use [pdf]

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Re: OwnCloud Infinite Scale added EULA that prohibits commercial use [pdf]

#24
post #2

> "By installing, copying or otherwise using ... you agree to be bound by ... " Why do people keep writing shit like this. Whoever wrote that EULA no doubt has an understanding of contract law and knows that you can't just unilaterally bind someone into an agreement like that. I know it's classic EULA nonsense, but it still bugs me how you can just write whatever and hope people naively take your word on it.

Could have been worse. It could have been "by reading this license, you agree to its terms" which is essentially what website EULAs do.

Re: OwnCloud Infinite Scale added EULA that prohibits commercial use [pdf]

#25
> Commercial Use means corporate use intended for commercial advantage, monetary compensation or profit-making, including but not limited to e.g. offering ownCloud Infinite Scale based software-as-a-service (SaaS), platform-as-a-service (PaaS) or any other types of hosted services to a third party. Whereas scenarios in which such a commercial advantage is intended to be realized indirectly by leveraging ownCloud Infinite Scale, e.g. as a cost-free add-on or as an embedded value-add proposition for supporting monetarization of other products or services or the like constellations, is also considered as Commercial. Whereas, Private Use and Productive Use are explicitly NOT considered as Commercial.

> Productive Use means the use of ownCloud Infinite Scale by an Organization in its productive day to day business or for testing, evaluation or development purposes and solely within the specifications and use-cases for which it was designed and released by licensor.

If my reading of this is right -- this basically boils down to "You cannot host this for commercial use for someone else. You may self-host this in a commercial setting for your own business" -- basically an Anti-AWS clause to protect against the ElasticSearch/OpenSearch thing.

Re: OwnCloud Infinite Scale added EULA that prohibits commercial use [pdf]

#26
post #19

Are they trying to push people towards NextCloud instead? I've been running an OwnCloud instance at work for some years and more recently a NextCloud instance at home. I was thinking that NextCloud was going to be the eventual upgrade path away from OwnCloud, but with their "Infinite Scale" reworking of it, I thought that maybe they were looking to take the lead again. I don't know if our usage is considered "commerc…

well, the issue is modern nextcloud vs owncloud is not what it was 5 years aog. nextcloud is still a buggy php app (without swoole) and owncloud is a completely rewritten in golang.

I was recently exploring the options of self hosted cloud and was quite disappointed with NextCloud. The performance of both the UI and syncing was pretty bad. I thought my home NAS just isn't powerful enough. Then I tried OCIS (golang rewrite of ownCloud) and it's a complete different story.

Re: OwnCloud Infinite Scale added EULA that prohibits commercial use [pdf]

#27
post #18

Earlier quoted context omitted.

The you will surely agree to be permanently barred from looking at, commenting, writing or otherwise contributing to code if you write a bug I deem severe enough?

I wasn't aware you needed a license to code.

With the way peasa- I mean citizens talk these days, they'd say breathing should require a license.

Re: OwnCloud Infinite Scale added EULA that prohibits commercial use [pdf]

#28
post #2

> "By installing, copying or otherwise using ... you agree to be bound by ... " Why do people keep writing shit like this. Whoever wrote that EULA no doubt has an understanding of contract law and knows that you can't just unilaterally bind someone into an agreement like that. I know it's classic EULA nonsense, but it still bugs me how you can just write whatever and hope people naively take your word on it.

Unfortunately, it is not that easy. First off, "contract law", apart from being incredibly complex, is also different depending on where you are located. Even within the US, we have seen different rulings on whether EULAs are enforceable or not. It often depends on how these EULAs are presented to the user and how exactly they are worded. Here in Germany, I'm pretty sure that the above would not be enforceable, but the real reason these EULAs are written is usually not that they hold up in court. From my experience, having an EULA like this will make pretty sure that no company with a legal department will touch this thing with a 10foot pole, so in effect, EULAs actually do work (unfortunately).

Re: OwnCloud Infinite Scale added EULA that prohibits commercial use [pdf]

#29
post #4

The code is Apache 2.0 licensed though? Can they really add a limitation like this?

Yes, the code is still licensed under Apache 2.0. Only the QA'd binary builds are affected by the EULA, according to https://news.ycombinator.com/item?id=36664203

Re: OwnCloud Infinite Scale added EULA that prohibits commercial use [pdf]

#30

Earlier quoted context omitted.

It should be disbarrable to knowingly write unenforceable EULA's.

The you will surely agree to be permanently barred from looking at, commenting, writing or otherwise contributing to code if you write a bug I deem severe enough?

Seems reasonable to bar someone from contributing code to a project who _knowingly_ contributes severely buggy code
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