Re:Replit used legal threats to kill my open-source project
by nilsbunger on Tuesday June 08, 2021 @01:06AM
(#27430828)
Fair use only applies to copyrighted materials. The parent poster is pointing out (correctly but maybe not written the best way) that it isn’t a copyright issue unless something like code was actually copied, and thus fair use doesn’t apply. Abstract things like ideas, architecture and design don’t have copyright protection.
Re:Replit used legal threats to kill my open-source project
by CheezeIt on Tuesday June 08, 2021 @01:34AM
(#27430965)
> The parent poster is pointing out (correctly but maybe not written the best way) that it isn’t a copyright issue unless something like code was actually copied,
And this is in fact false. See https://m.facebook.com/permalink.php?story_fbid=191354689554...
Re:Replit used legal threats to kill my open-source project
by nilsbunger on Tuesday June 08, 2021 @10:31AM
(#27435680)
That was an expert witness claiming “non literal copying” is a copyright violation, but that doesn’t make it so. As far as I can tell the trial concluded with a finding that someone violated an NDA but no copyright violation. Am I misreading that ?
> Fair use has absolutely nothing to do with this or any hypothetical like it.
Yes, it does. The commercial effect of the usage is a factor in determining fair use, and that might distinguish a “show and tell” project from a “production-ready” OSS project.