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Re:Post-Open Source by bitwize on Wednesday September 09, 2020 @11:39AM (#24422190)
Open source is hosed because a bare license is revocable at any time by the licensor. If your business depends on an NPM library written by some schlub on the internet, and that schlub decides they don't like you, then they can revoke your license and sue for copyright infringement, not to mention preventing you from operating legally as long as you depend on their software.

It gets even worse if the "schlub" is an entity like Google -- and you appear on their radar and they decide you're a competitor.

Re:Post-Open Source by frenchy on Wednesday September 09, 2020 @11:46AM (#24422257)
> Open source is hosed because a bare license is revocable at any time by the licensor.

I haven't the slightest clue what you're taking about. You can change your license on future versions, but you can't retroactively change the conditions of an offer that's already been accepted.

If you're talking about the ability to delete published packages from NPM, that's entirely unrelated to licensing.

Re:Post-Open Source by bitwize on Wednesday September 09, 2020 @11:58AM (#24422378)
> I haven't the slightest clue what you're taking about. You can change your license on future versions, but you can't retroactively change the conditions of an offer that's already been accepted.

Yes, you can.

In order to be a legally binding contract, three things are required: an offer, acceptance, and consideration. Consideration is the value gained by entrants into a contract.

In short, if you did not pay to license some piece of open source software, there is no consideration for the author of that software. Hence, the license attached to the software is NOT a contract binding on the author. It is a bare license -- simply the terms under which you are permitted to use the author's IP -- and the author is legally entitled to revoke it at any time.

You may not like it, and it has unfortunate implications for open source, but that's how contract law in common law jurisdictions like the USA works.

Re:Post-Open Source by CameronNemo on Wednesday September 09, 2020 @11:54AM (#24422343)
This is what is being referred to. I have never seen an actual case of it occurring, only threats.

https://lulz.com/linux-devs-threaten-killswitch-coc-controve...

Re:Post-Open Source by bitwize on Wednesday September 09, 2020 @11:58AM (#24422386)
MikeeUSA may be an odious little prick, but he is 100% correct in his legal analysis, and cites actual legal experts to support his case.
Re:Post-Open Source by CameronNemo on Wednesday September 09, 2020 @11:45AM (#24422252)
I have never heard of this phenomenon actually working.

Some Linux contributors threatened it after the CoC was instituted, but nothing came of it.

Do you have an example of somebody actually revoking copyright and successfully suing or settling?

Re:Post-Open Source by bitwize on Wednesday September 09, 2020 @12:04PM (#24422437)
More like "one guy engaged in saber rattling and nobody listened", and he didn't even make any substantive Linux contributions.

This same guy actually did try revoking the license to his open source slot machine game from the GeekFeminism contributors, and the GF people were like "okay, yeah, sure, whatever, we promise not to touch your shitty game again".

So this remains untested in court.

But if you actually look at the relevant bits of contract law, you'll see... he actually has stopped-clock syndrome on this, and it really has dire consequences for how we do open source. At least in the USA, and admittedly, different views on copyrights and licensing prevail outside the USA, where much of the work on Linux is done.

Re:Post-Open Source by detaro on Thursday September 10, 2020 @04:08AM (#24430015)
Since you seem to know a bit about this: When that question came up I've frequently seen references to https://www.law.cornell.edu/uscode/text/17/203, which puts multi-decade limits on that - why would that not apply?