Comment by pdonis
8 hours ago
> giving away free software as a gift
Even a gift comes with an implicit promise that it will do no harm. Deleting important data of yours without warning is harm.
8 hours ago
> giving away free software as a gift
Even a gift comes with an implicit promise that it will do no harm. Deleting important data of yours without warning is harm.
If you’re storing your important data in ~/.cache, you’re eventually going to suffer even if you don’t install Neovim.
This gift comes with the following clauses listed plainly in the license file:
It's genuinely mind-blowing to me that software can do something obviously bad, someone can point it out, and then someone will link to the license file to say they have the right to do it.
That's such an obvious category mistake that I'm not sure how to respond. It almost feels like a bad-faith interpretation of Wichary's original point.
Right. It is weird that this has to be explained, but let's make it clear: in the Before Times, probably anytime up to at least the late '00s, probably approximately no-one in or around free or open source software would have endorsed the idea that the legal disclaimers completely free even the most mainstream, self-publicising, broad-userbase open source projects from any moral or ethical obligation to have even the slightest concern to ensure that their software doesn't hurt or betray its non-paying users, even in the most harmful ways. And if one of the many and often vocal FOSS opponents of the time had started claiming that this is what open-source developers really believe they'd have rightly been seen as having veered off into the lunatic fringe. And that's because it's a, frankly, bonkers idea which is radically detached from normal human understanding of the social and moral role and obligations of volunteers, voluntary organisations, charitable givers or gift-givers. And also because it's a wildly counterproductive idea to put out there if you're hoping to increase FOSS adoption.
That does leave the question of why this idea has started to take off more recently. Part of the answer is certainly that Rich Hickey, disgracefully, set the ball rolling in this direction, and that many others have welcomed it as one weird trick and one pat answer for all the worsening problems of developer burnout. Unfortunately it seems hard to dismiss the idea that it's also social breakdown driven by a broader trend, as over time we move further and further from the pre-'60s "neurotic society" of people obsessed with duty and social conformity (often with oppressive or destructive results, to be sure) into the "psychopathic society" in which even people who don't themselves merit a Cluster B diagnosis have internalised narcissistic and psychopathic attitudes.
Equally mindblowing that folks feel someone hacking on open source software has an obligation to do anything the way they feel it needs to be done when the whole point is that anyone gets to do more or less what they want with the code.
You can't have both.
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I don't think anyone is looking for legal remedies, this is not the right layer.
Is some part of:
"Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE."
Unclear? The fact that it's part of a license does not make it a legal-system-only warning.
The software might eat your dog, and feed your homework. Run it at your own risk, and be prepared to submit patches or fork it to make it behave the way one prefers.
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There's a long literary tradition of representing contracts as a tool of villainy. Signing them is generally treated as a Faustian bargain.
This is a great example of why. Most humans have a sense, deep down, that contracts often exist to bridge the gulf between the ethically defensible and the legally defensible.
It's hard to imagine that any sane person who is just looking to use a popular editor would read some broad limitation of liability language like the above, and interpret it to mean, "By the way, we intend to quietly delete certain files created by a competing fork of this project whenever we find them."
It's true that contracts with liability limitation clauses like this are an absolute necessity in this day and age. But there's also a non-legal principle of mutual respect that is absolutely necessary to a healthy open source community.
> It's hard to imagine that any sane person who is just looking to use a popular editor would read some broad limitation of liability language like the above, and interpret it to mean, "By the way, we intend to quietly delete certain files created by a competing fork of this project whenever we find them."
Forks of projects trodding all over each others files is one of the more common problems that has happened, historically. Prior to the major efforts around freedesktop.org around configuration standardization, it was quite common. It'd be one of the first things I looked for when switching to a fork.
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I am never going to use any software you have written.