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Re:Fork: A fast and friendly Git client for Mac and Windows by MarkSweep on Wednesday July 24, 2019 @03:41AM (#20513076)
The license prohibits all kinds of things so I am not comfortable using it: https://fork.dev/license

Specifically, it says:

* "You will not use this Software to engage in or allow others to engage in any illegal activity.": Which jurisdiction? how far do I have to go to prevent illegal activity?

* "You will not engage in using this Software that will interfere with or damage the operation of the services of any third parties[...]" How is this defined? How quickly can I push the "git pull" button before I violate this term?

* "You will not use this Software to engage in any activity that will violate the rights of third parties, including, without limitation, [...]" again, which jurisdiction?

Re:Fork: A fast and friendly Git client for Mac and Windows by hombre_fatal on Wednesday July 24, 2019 @08:24AM (#20514450)
I don't really understand the upside for them to include such toothless yet threatening clauses. It makes them seem a bit juvenile.

Like when we had to come up with laws for our make-believe countries for a class project in middle school and we tried to cover our bases with rules like "if you're a bad person doing all bad stuff, you're not allowed to!"

Re:Fork: A fast and friendly Git client for Mac and Windows by nerdponx on Wednesday July 24, 2019 @09:03AM (#20514788)
It's pretty clear that those terms are all defined in the context of whatever they might mean under Czech law, which I am not familiar with.

Also, those quotes are taken out of context for dramatic effect:

You will not engage in using this Software that will interfere with or damage the operation of the services of any third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct.

You will not use this Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.

GP is really trying hard to smear this author for some reason, but you read the actual license you'll see that their criticism is based on fiction.

Re:Fork: A fast and friendly Git client for Mac and Windows by MarkSweep on Wednesday July 24, 2019 @12:21PM (#20516765)
Whoops, that was pretty silly of me to miss the Czech.

However I stand by my criticism that it is not possible to know if you are violating the license or not. I don’t want to have to learn and follow Czech law to use a git client. Why does this agreement cover how I use third party services and who defines what qualifies as interfering? How far does my obligation to not allow others to reverse engineer the application go? What rights might third parties have under Czech law that I have to worry about while using the software?

Compare Microsoft Windows’s license:

https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/U...

It also says you can’t reverse engineer, but it does not obligate you to stop others. It’s section about online service is a little bit more explicit about what is not allowed. There are no other requirements to follow every law of a particular jurisdiction while using the software.

Re:Fork: A fast and friendly Git client for Mac and Windows by nerdponx on Wednesday July 24, 2019 @01:07PM (#20517232)
However I stand by my criticism that it is not possible to know if you are violating the license or not. I don’t want to have to learn and follow Czech law to use a git client.

Surely this applies to anyone using a piece of US-made software living outside the US. And without a governing law clause, isn't it always ambiguous?

Why does this agreement cover how I use third party services and who defines what qualifies as interfering?

Who am I to judge. That's what they want.

How far does my obligation to not allow others to reverse engineer the application go? What rights might third parties have under Czech law that I have to worry about while using the software?

Now that's a good question and the license should be clearer on that.

Re:Fork: A fast and friendly Git client for Mac and Windows by MarkSweep on Wednesday July 24, 2019 @04:48PM (#20519508)
> Surely this applies to anyone using a piece of US-made software living outside the US. And without a governing law clause, isn't it always ambiguous?

I don't think most software licenses say you can't violate some country's laws while using it. It is already illegal to do the illegal thing.

> Who am I to judge. That's what they want.

I'm not judging either. I am not able to confidently follow these terms, so I won't use the software. No hard feelings.

I'm guessing that the license author's intention was to avoid legal liability for people doing illegal things with their software. Usually this is addressed with some language in the license about limitation of liability or or indemnification. For example, see section 3.8 of Atlassian's software agreement:

https://www.atlassian.com/legal/software-license-agreement

Re:Fork: A fast and friendly Git client for Mac and Windows by Terretta on Wednesday July 24, 2019 @04:34PM (#20519365)
> You will not use this Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights... other proprietary rights...

OK, not allowed to use it for reverse engineering or other research the DMCA attempts to block?

Re:Fork: A fast and friendly Git client for Mac and Windows by vintagedave on Wednesday July 24, 2019 @09:30AM (#20515036)
> It makes them seem a bit juvenile.

It's also apparently one individual, and non-US. I've seen many clauses like that in European, especially eastern European, software. Sometimes, even in countries like Australia. It's inspecific, but seems pretty clear they're trying to say, "don't use our software for something you shouldn't." They're within their rights to desire that.

Would you perhaps want to edit your comment to remove the rather patronising comments about "like... laws for our make-believe countries", "middle school", etc?

Re:Fork: A fast and friendly Git client for Mac and Windows by t1amat on Wednesday July 24, 2019 @10:55AM (#20515876)
It did not seem that they were used by the poster to patronize, they were there to describe a task (creating laws for make-believe countries) that they performed at one stage of their life (middle school).
Re:Fork: A fast and friendly Git client for Mac and Windows by vintagedave on Wednesday July 24, 2019 @11:21AM (#20516121)
Is not a direct comparison between the author and middle school attitudes and conduct and being juvenile extremely patronising? (Almost by definition, given the description 'juvenile', ie youthful or child-like.)

There's conduct and commentary that follows the Hacker News ethos, and there's conduct and commentary that does not. This does not. It is a pity to read it.

Re:Fork: A fast and friendly Git client for Mac and Windows by t1amat on Wednesday July 24, 2019 @02:41PM (#20518261)
Not being the author I can not definitively express their intent.

You seem to desire to be an enforcer of rules in this thread, which is admirable, but ultimately not your authority or responsibility to do. I would respectfully suggest you leave moderation to those with the authority to do so.

Re:Fork: A fast and friendly Git client for Mac and Windows by mikekchar on Wednesday July 24, 2019 @04:20AM (#20513207)
I can answer one of your questions: "This agreement shall be governed by the laws of Czeck Republic. If any portion of this Agreement is deemed unenforceable by a court of competent jurisdiction, it shall not affect the forcibility of the other portions of this Agreement."

Though, this license is pretty much radioactive for me: "You will not, and will not permit others to reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from this Software..."

Fair enough if you want to use whatever license you want to use, but definitely a "no thanks" from me...

Re:Fork: A fast and friendly Git client for Mac and Windows by p_l on Thursday July 25, 2019 @09:32AM (#20525204)
I really like those "no reversing" clauses.

Because they are worth less than the bits used to write them in Poland - only the "distribute derivative works" would be enforceable because that would be blatant copyright violation

[dead]
Re:Fork: A fast and friendly Git client for Mac and Windows by vintagedave on Wednesday July 24, 2019 @09:26AM (#20514998)
> “Czeck” is one of several widespread misspellings." -- https://www.quora.com/Is-it-Czech-or-Czeck

This comment isn't worth of HN, (critical, "lol", "...".) Instead, why not focus on something positive?

Re:Fork: A fast and friendly Git client for Mac and Windows by hnarn on Wednesday July 24, 2019 @06:04AM (#20513676)
Amazing. I wouldn't trust this company as far as I can throw them, this contract is a joke.
Re:Fork: A fast and friendly Git client for Mac and Windows by intea on Wednesday July 24, 2019 @06:39AM (#20513816)
A closed source git client, that's almost an oxymoron.
Re:Fork: A fast and friendly Git client for Mac and Windows by wodenokoto on Wednesday July 24, 2019 @07:53AM (#20514229)
No it isn't.

Git kraken, sublime merge, sourcetree. It is pretty common among the most famous ones, just look at the list on wikipedia, https://en.wikipedia.org/wiki/Comparison_of_Git_GUIs

Re:Fork: A fast and friendly Git client for Mac and Windows by nerdponx on Wednesday July 24, 2019 @09:05AM (#20514813)
Either quotes have been deliberately taken out of context, or the author has updated the license. It now reads:

By using this Software or storing this program or parts of it on a computer hard drive (or other media), you are agreeing to be bound by the terms and conditions of this Agreement. You represent and warrant that you will not violate any of the requirements of this Agreement and further represent and warrant that:

You will not, and will not permit others to:

1) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from this Software, or

2) copy, distribute, publicly display, or publicly perform content contained in this Software other than as expressly authorized by this Agreement.

You will not use this Software to engage in or allow others to engage in any illegal activity.^

You will not engage in using this Software that will interfere with or damage the operation of the services of any third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct.*

You will not sell this Software or charge others for use of it (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, without explicit prior written permission.

You will not use this Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.

You may not claim any sponsorship by, endorsement by, or affiliation with me.

Re:Fork: A fast and friendly Git client for Mac and Windows by jessaustin on Wednesday July 24, 2019 @12:11PM (#20516684)
Does that seem like a reasonable license to you? Admittedly, it doesn't matter, because these authors don't have the resources to hire lawyers from abroad, but all this stuff about "illegal activity"? This is a git client. It gives us no functionality that does not already exist in git. What am I going to do, rob a convenience store with it? Why would the author care if I did? Why are the terms more onerous than those of git itself?
Re:Fork: A fast and friendly Git client for Mac and Windows by vintagedave on Wednesday July 24, 2019 @12:36PM (#20516910)
Even in the US, it's common to have clauses about specific illegal activity, such as breaking embargoes or similar. For example, you might be banned from using the software in, or cooperating with someone located in, Iran. You could do both of those with a git client.

This is more generally phrased than the very lawyer-written EULAs you generally find, but it's not unreasonable or unprecedented.

Re:Fork: A fast and friendly Git client for Mac and Windows by jessaustin on Wednesday July 24, 2019 @01:18PM (#20517371)
Assuming for the sake of argument that I'm not supposed to collaborate with someone in some particular place... why again do the authors of these clients care about that? Are the black-bag squad going to disappear them because they didn't warn us to be good? Actually the charitable interpretation is probably that this is a sort of cargo-culted license without much informed decision-making behind it.

Embargoes and sanctions have no ethical force behind them anyway. They are merely a way to harm poor people while ginning up more pretexts for more wars. Anyone who can oppose such monstrosities using git should do so.

Re:Fork: A fast and friendly Git client for Mac and Windows by vintagedave on Friday July 26, 2019 @10:37AM (#20535103)
Rather than protecting themselves, it's more likely that the author of the software desires that their software is only used for legal or ethical purposes, and that clause is their attempt to require that.

It's fair for a software author to not want their software used to make the world worse. I think you have a very different interpretation of "charitable interpretation" than I do.

As for embargoes - sure. It's just an example. There are plenty of other less morally ambiguous things too.

Re:Fork: A fast and friendly Git client for Mac and Windows by nerdponx on Wednesday July 24, 2019 @01:02PM (#20517201)
It seems reasonable because they're within their rights to license their software however they want, subject to the laws of the Czech Republic.

Whether it's enforceable, sure, that might be questionable.

Re:Fork: A fast and friendly Git client for Mac and Windows by jessaustin on Wednesday July 24, 2019 @01:32PM (#20517514)
It would be within my rights to repeatedly batter my own head with a hammer. It would not seem reasonable, however. Most of the thinking behind this license is of the cargo-cult variety, and these valiant defenses of developers' rights are just silly.

If I cared about a git client for these platforms, I would file a bug about the license. Fortunately that is not the case.

Re:Fork: A fast and friendly Git client for Mac and Windows by hnarn on Wednesday July 24, 2019 @03:48AM (#20513100)
What a silly license. Why do people insist on rolling their own? It's quite amazing to me, especially when it comes to things like cryptography and legal texts. Surely any lawyer could point at these phrases and say what you're saying now -- how do you define this? Sure, you could argue that keeping it vague is a way to protect the authors, but I'd argue that a competent lawyer would write it in a less vague way, to protect the authors even more -- if it was necessary. Is it? I doubt it, considering the type of software we see under insanely brief licenses like the MIT.
Re:Fork: A fast and friendly Git client for Mac and Windows by nerdponx on Wednesday July 24, 2019 @08:56AM (#20514728)
The MIT license is extremely permissive. It's a stupid measuring post for comparison, because it basically doesn't say anything at all.

Yes, they could have consulted with and paid a lawyer to tighten up the wording. But unless you either own a company, or intend to use this in consulting work, I don't think this license should bother you at all. The intent and general meaning are pretty clear, even if you could argue over the definition of one word or another.

Re:Fork: A fast and friendly Git client for Mac and Windows by eevilspock on Wednesday July 24, 2019 @05:37AM (#20513551)
Jurisdiction is right there on the bottom:

Governing Law

This agreement shall be governed by the laws of Czeck Republic. If any portion of this Agreement is deemed unenforceable by a court of competent jurisdiction, it shall not affect the forcibility of the other portions of this Agreement.

It is clear that those clauses are ONLY trying to protect them, the authors, from liability for the actions of others using their software. Perfectly reasonable.

It is clearly not written by a lawyer (IANAL), it may not be legally bullet proof, but this is freeware by a couple of people in their spare time. FOR FREE.

Re:Fork: A fast and friendly Git client for Mac and Windows by krautsourced on Wednesday July 24, 2019 @04:33AM (#20513267)
Despite this and as someone doing only "vanilla" non-controversial stuff in (afaik) any jurisdiction I can at the very least say that as a git gui client, it works really well. So there's that.
Re:Fork: A fast and friendly Git client for Mac and Windows by giancarlostoro on Wednesday July 24, 2019 @05:13AM (#20513447)
Worse yet these are not concrete points. Laws change. Things happen. Worse yet you need a lawyer from the appropriate jurisdictions just to figure out if you are lawfully using the software? At which point if you ignore the license now you are a pirate of sorts.
Re:Fork: A fast and friendly Git client for Mac and Windows by ceejayoz on Wednesday July 24, 2019 @08:39AM (#20514581)
That applies to any license, doesn't it?

Congress could abolish the public domain or ban stuff like the GPL.

Re:Fork: A fast and friendly Git client for Mac and Windows by gregmac on Wednesday July 24, 2019 @10:44AM (#20515779)
IANAL, but I'm fairly sure banning "stuff like the GPL" would mean banning every EULA and software license, as that's really all the GPL is.

Eben Moglen (Free Software Foundation) sums up the differences:

> But most proprietary software companies want more power than copyright alone gives them. These companies say their software is “licensed” to consumers, but the license contains obligations that copyright law knows nothing about. Software you're not allowed to understand, for example, often requires you to agree not to decompile it. Copyright law doesn't prohibit decompilation, the prohibition is just a contract term you agree to as a condition of getting the software when you buy the product under shrink wrap in a store, or accept a “clickwrap license” on line. [..]

> The GPL, on the other hand, subtracts from copyright rather than adding to it. [..] Copyright grants publishers power to forbid users to exercise rights to copy, modify, and distribute that we believe all users should have; the GPL thus relaxes almost all the restrictions of the copyright system. The only thing we absolutely require is that anyone distributing GPL'd works or works made from GPL'd works distribute in turn under GPL. [..]

https://www.gnu.org/philosophy/enforcing-gpl.en.html

Re:Fork: A fast and friendly Git client for Mac and Windows by dragonwriter on Wednesday July 24, 2019 @11:54AM (#20516485)
> IANAL, but I'm fairly sure banning "stuff like the GPL" would mean banning every EULA and software license, as that's really all the GPL is.

You can specifically ban (or make unenforceable) any subset of copyright licenses without banning copyright licenses generally.

Re:Fork: A fast and friendly Git client for Mac and Windows by jessaustin on Wednesday July 24, 2019 @12:15PM (#20516717)
How would that law be written? If it mentioned GPL by name (which I don't think would be Constitutional?), we'd just use a different name for it. If it zeroed in on particular legal idioms used by GPL (which probably are also used by thousands of other licenses), GPL could be modified to use different idioms. If the law were general enough to take out GPL for good, it would be general enough to take out all software licenses for (very) good.
Re:Fork: A fast and friendly Git client for Mac and Windows by reallydude on Wednesday July 24, 2019 @12:02PM (#20516582)
> would mean banning every EULA and software license

That seems proper. AFAIK, these have (statistically) never protected the public, so the legalese is there for protect the company's ability to restrict and penalize the user, as well as fill the pockets of lawyers.

Re:Fork: A fast and friendly Git client for Mac and Windows by HelloNurse on Thursday July 25, 2019 @05:57AM (#20524030)
No, the problem is with general and sudden redefinitions of stuff like "illegal activity", which makes the license as written vague and unstable, even without changes to contract and copyright law that would interfere with the more basic level of offering, accepting and enforcing a license (irrespective of its content)
Re:Fork: A fast and friendly Git client for Mac and Windows by giancarlostoro on Wednesday July 24, 2019 @09:58AM (#20515308)
The GPL is much more specific in its terms. I imagine people who break laws wont care about this software license anyway. You cant stop criminals by giving them more rules / laws to follow. Just wont ever happen.