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Comment by IvanK_net

12 days ago

Hey guys, thank you all very much for your comments! I just woke up, I did not really believe my post would get this much attention, so thanks!

Honestly, I was a hoping that giving attention to this problem here at HN might lead to someone from Github actually noticing my problem and looking into it.

I think I will try solving it with a lawyer. But it would be really cool if I could spend my days writing code instead of dealing with lawyers and stuff.

A lawyer will probably get you damages for the infringement and is less hassle than trying the whole process yourself.

  • I could find are a bunch of Photopea repositories on GitHub, but the authors are all either from China or Russia, so getting damages for infringement will be difficult to enforce. Hiring a lawyer sounds like a waste of money to me.

    • You might be able to get damages from github, especially as they have ignored a notification that there was infringing material. A lawyer would know.

      The US allows damages per infringement without need to prove an actual loss, and per infringement.

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  • Sadly though, you have to do the cost/benefit analysis of the legal process and your likelihood of recovering anything.

    I spent $18k in legal fees over a $22k claim in a construction dispute. I won the suit and was awarded legal fees. So I'm owed $40k plus interest. I've collected exactly $0. The last lawyer I spoke to said I need to cut my losses in legal fees at some point because from a practical standpoint, winning damages isn't the same as collecting them. Especially if the defendant isn't local and has few assets.

> But it would be really cool if I could spend my days writing code instead of dealing with lawyers and stuff.

I think anybody in any line of work or life would like that. It's however unlikely to never run into an issue where a lawyer is really needed, so don't hesitate when you realize you need one.

I've used Photopea for small editing before, and even though it's not my daily driver, it's a really cool project.

>Honestly, I was a hoping that giving attention to this problem here at HN might lead to someone from Github actually noticing my problem and looking into it.

It worked for me! And very quickly.

https://news.ycombinator.com/item?id=49832406

But it is a bit crap that this is the only way you can get Github to behave responsibly.

Good luck.

[flagged]

  • How dare a developer expect revenue for his work, especially from users who we all know are, in fact, entitled to get everything for free.

    • > users who we all know are, in fact, entitled to get everything for free

      That kind of thing is explicitly required under HN rules - if a company requires payment, it's only OK to post if a “workaround” to avoid paying is available.

      Additionally, HN explicitly say it's OK:

      * For HN comments to ask how to get around payment requirements, and

      * For HN users to help other users to get around payment requirements

      Source: Official HN FAQ page

      1 reply →

    • Thank you for saying this. It's literally insane to me how thoroughly entrenched this sense of entitlement has become. It's at the point where it can't even be parodied, because a chunk of society, maybe even the majority, seriously holds the view that they are entitled to any software thing they want for free.

      3 replies →

    • If he wants revenue he can restrict his product to paying users. Double dipping with the popularty of free access only to abuse users with spychological manipulation spam should never be accepted.

      4 replies →