Comment by timschmidt
8 hours ago
This gift comes with the following clauses listed plainly in the license file:
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, 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. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
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.
They get to do more or less what they want with the software, and others get to say more or less what they want about that. What's wrong with deciding they've crossed a line, being bothered by that, and warning others? Nobody's trying to get the law involved, or maliciously retaliate against them, or anything like that.
I published my comment for free, and yet you are criticizing it.
I think you are objecting to OP’s “duty of care” wording which could be interpreted as suggesting a legal obligation. Nobody in this thread is really arguing that open source developers have a legal obligation to do this and to not do that. We are just saying they should do this and should not do that.
> has an obligation to do anything the way they feel it needs to be done
> anyone gets to do more or less what they want with the code
so if the software had explicitly installed a root kit, you'd say the same?
If you give out free soup, you get to poison it too?
"My software ran rm -rf / but it's GPL so sucks to be you"
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.
This is one of the most exhausting (and frankly, exhausted) recurring arguments that comes up over and over again on HN.
Some bit of open source software does something bad or unwanted which causes people point out that it shouldn't do that bad thing. In this case, not even "the authors of this software should be held liable for the software doing the bad thing", just, "Hey, the right thing to do would be to update the software to not do the bad thing."
Why does this always lead a zillion people to come out of the woodwork to point at licenses and warnings or whatever? Like, yes, there's a warning. Your software having a warning doesn't mean people can't criticize you and your software for doing bad thing. Your software license does not give you immunity from criticism or from people saying you should change your software.
No, you don't have to change the software. Yes, other people are within their rights to fork the software themselves. But they can also point out that they told you that your software was doing the bad thing and you didn't fix it or change it, and that as a result they don't like you or your software or both — whatever. Nothing at all wrong with that.
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Is the fact that we are not discussing legal remedies in this thread unclear?
The software might eat your dog, and feed your homework
Sure, and when it does we can say “this piece of shit ate my dog, and the authors of the software have no concept of a duty of care to their users”. And no amount of “well, axually…” is going to make any difference. I have a hard believing someone is copy-pasting a license file in good faith in response.
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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.
I’m not saying it doesn’t happen. I’m saying it shouldn’t be defended as good. It’s a defect. And in this particular incarnation it’s a defect that directly clashes with fundamental Free Software principles such as personal digital sovereignty.
I also suspect that few people actually believe it’s ok and these legalistic defenses are more about circling the wagons. How many people would defend Microsoft if a new Office version automatically and quietly stripped edit history from documents that were originally created by other versions? Would we be hunting for limited liability clauses in their EULA to defend the design decision?
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I am never going to use any software you have written.