Comment by Aurornis

11 hours ago

The article says the SFC had a fundraiser and raised over $250,000 to hire a lawyer.

There's a confusing part of the article where he says that what he believes is a violation is something that a judge isn't going to care about. I don't know if he's implying that the judges aren't capable of interpreting the AGPL properly, or if he's admitting that the legal argument isn't as solid as they thought it was when they started. It's a confusing thing to say next to the broad claims about violations.

That confused me as well. I interpreted as judges not having (much) precedent and potentially unable/unwilling to interpret along lines of the license intent. But that’s what courts in this process are there for IMO. If a well written license and a good case, then you need to start somewhere to set precedent.

  • He is saying a judge will not care that they are technically a separate download. They only care if the end result is complying with the spirit of the license.

  • GPL licenses are so much interpreted along lines of license intent that a German judge ruled GPLv2 software couldn't be Tivoized.

For background, I participated in a "small" action that Sun took against someone who was violating the Java license. The legal fees (in the late 90's) were 8.2 million dollars. $250K is nothing to sneeze at, its a solid 6 weeks of a single lawyer's time, maybe a couple of weeks for a small team. Against a company doing nearly a billion dollars a year in revenue[1] and owning 29% of the printer market? Add in a couple of expert witnesses which are essential to that sort of a case and you'll see that $250K isn't even table stakes. Sad, I know, but it is the way things are these days.

And the saddest thing is that Bambu knows this. They know that people who give away software are not a serious threat to them. And it is especially galling that the value they have extracted out of that software will pay the lawyers that keep you from preventing them from continuing to extract that value and keep it for themselves.

[1] "Media reports have also indicated that Bambu Lab has shipped more than 1.2 million units, claiming a 29% global share." -- https://kr-asia.com/bambu-lab-nears-usd-100-billion-valuatio...

  • Lawyers earn 250k per 6 weeks? More than 2M per year?

    • Lawyers fees for a case like that also include expenses, and this would be on the high side.

      Court fees, fees for accessing case law, experts, paralegals, etc.

      You pay the lawyer and a big portion of that goes towards his costs for additional labour and everything else. A lawyer grossing $2m/year isn't bringing home anything close to that.

      That said $250k for a single lawyer for 6 weeks seems high.