News for hackers. Stuff that matters.
Re:Post-Open Source by cmroanirgo on Wednesday September 09, 2020 @05:04AM (#24418922)
Thanks for the link. I'd not quite understood the nuanced rejection of JSON. That "The Software shall be used for Good, not Evil" equates to how...

> Legally-conscious objectors aren’t betraying their own dastardly motivations; they’re refusing to enter into an ambiguous contract. Put differently: they’re not saying, “I’m an evildoer,” they’re saying, “I don’t understand what you want.”

Re:Post-Open Source by JoshTriplett on Wednesday September 09, 2020 @06:21AM (#24419449)
Right. Among other potential issues, such a license is effectively revocable based on someone declaring some particular action or entity "evil" (which is heavily subjective). A license that included the term "this license may be revoked by the author at any time" would also not be FOSS.
Re:Post-Open Source by bitwize on Wednesday September 09, 2020 @11:41AM (#24422217)
Open source licenses are revocable anyway under U.S. law because they are bare licenses, not contracts.
Re:Post-Open Source by nrr on Wednesday September 09, 2020 @05:37PM (#24426216)
I'm not sure how to search for this to verify your claim, but I'm intrigued. Do you happen to have a citation to a ruling that you can share?
Re:Post-Open Source by bitwize on Thursday September 10, 2020 @01:26AM (#24429148)
This has not been tested in court so far as I know.

(Please do not cite Artifex v. Hancom. Special conditions prevailed in that case that do not apply, in general, to all software under a nonexclusive open source license.)

Generally speaking, under common law, in order for an agreement to have the force of a contract, there must be an offer, acceptance, and consideration. Since most people acquire open source through a download, there is no consideration (monetary value) being remitted to the author of the software, and hence the license does not have the force of a contract binding on the author. The license is thus a bare license, and the author has the right to revoke it at any time. Unfortunately that's how contract law works in common-law jurisdictions, and we are in for some nasty surprises once this actually does get tested in court.

Civil-law jurisdictions, for example Germany, do not necessarily require consideration in order for a contract to be binding. Open source licenses such as the GPL can be binding contracts in Germany.