Comment by 9dev
2 hours ago
Luckily, that isn't how the law works. Or is supposed to work, anyway. You cannot, for example, sell yourself as a slave to somebody else, because slavery is illegal - even if you opt into it.
So whether something is a felony isn't decided by the victim, but the rules of law, and that means breaching a security system without authorization is illegal, no matter what you think.
That actually is how the law works. You can read the Computer Fraud and Abuse Act at https://www.law.cornell.edu/uscode/text/18/1030 and double check, but these felonies all require knowingly or intentionally accessing a computer etc. These aren't strict liability statutes - the government must prove mens rea to a jury in order to get a conviction at trial.
To put it another way, crimes are usually [0] only something the government can/must prosecute, victims don't get to choose. The media-popularized phrase "would you like to press charges" isn't asking for your permission, it's asking if you're willing you be helpful.
So HuggingFace's corporate opinion here shouldn't (normatively) matter very much.
[0] "Private right of action" with a civil trial comes close.
I could show up at your doorstep, declare myself at your service, and then spend the rest of my days catering to your every beck and whim. There's no law against that. Can it even be slavery if it's voluntary?
That's not slavery, because you only declare yourself at my service, but you never sign a contract giving your rights away in exchange for something. That's the part you cannot do, regardless of whether it's voluntary.
IANAL, but I think there are three aspects to this which should be teased-apart:
1. Contract terms that require committing a crime are void and unenforceable.
2. "A contract made me do it" is not a defense to a crime.
3. "The victim gave me permission" is not always a defense to a crime.