The start-up code of conduct and ethics • Hacker News Board

Re: The start-up code of conduct and ethics

#31

Post by tptacek » Mon, Jul 18, 2011, 2:37 PM UTC

jacquesm wrote: post #30

mcherm wrote: post #29

Earlier quoted context omitted.

Jacquesm: Just to illustrate how you have a tendency to Specify unreasonable upfront restrictions, your own code prohibits you from correcting some of these errors in your code. Even though this is an 0.1 version, it requires all future versions to be equally or more restrictive. So you will have to live with your "first rough version" forever. That is exactly as stupid as promising to keep the 0.1 version of your ap…

I think that an update of the first rough version before it is adopted for practical reasons is perfectly ok, but once adopted it should not be possible to water it down by adopting later versions. That opens the door to adopting a version without restrictions at all and that would render the whole thing pointless. Keeping your API active if there are security vulnerabilities is interpreting the thing to the letter,…

When you write things like "bankruptcy trustee will be bound by these terms", it becomes hard to argue that other people are unfairly interpreting it "to the letter".

Re: The start-up code of conduct and ethics

#32

Post by jacquesm » Mon, Jul 18, 2011, 3:15 PM UTC

tptacek wrote: post #31

jacquesm wrote: post #30

Earlier quoted context omitted.

I think that an update of the first rough version before it is adopted for practical reasons is perfectly ok, but once adopted it should not be possible to water it down by adopting later versions. That opens the door to adopting a version without restrictions at all and that would render the whole thing pointless. Keeping your API active if there are security vulnerabilities is interpreting the thing to the letter,…

When you write things like "bankruptcy trustee will be bound by these terms", it becomes hard to argue that other people are unfairly interpreting it "to the letter".

Still waiting for your alternative.

As for the bankruptcy situation, that's one of those cases where there is absolutely no loss for the start-up, after all, the people that found the start-up have nothing to gain once they go bankrupt, but users have everything to gain because if their data gets sold the buyer will be able to do just about anything he wants with the data if the conditions have not been created ahead of time in such a way that they survive the transition.

So, from the point of view of the start-up owner and the users that's a win-win, it may reduce the value of the assets during a bankruptcy liquidation but that's an acceptable trade-off in my opinion.

Re: The start-up code of conduct and ethics

#33

Post by tptacek » Mon, Jul 18, 2011, 4:36 PM UTC

jacquesm wrote: post #32

tptacek wrote: post #31

Earlier quoted context omitted.

When you write things like "bankruptcy trustee will be bound by these terms", it becomes hard to argue that other people are unfairly interpreting it "to the letter".

Still waiting for your alternative. As for the bankruptcy situation, that's one of those cases where there is absolutely no loss for the start-up, after all, the people that found the start-up have nothing to gain once they go bankrupt, but users have everything to gain because if their data gets sold the buyer will be able to do just about anything he wants with the data if the conditions have not been created ahead…

The issue with your bankruptcy clause isn't its reasonableness (although I personally don't think it's reasonable); the issue is that it's probably not enforceable. I'm not particularly interested in amateurishly delving into the nature of executory and non-executory contracts between freemium startups and their users, but just know that this is not a simple niche in US law.

I'm a very arrogant guy (really), but not so much that I feel like I can come up with a code of conduct for startups on my own. I've got no alternative to offer you. I don't think we need one and I'd bet the market is going to agree.