Thread

1. recursivedoubts · 1790522383 · focus · HN ↗

   They are open source developers, giving away free software as a gift. There is no duty here.

   We can speak, respectfully, of how important backwards compatibility is to us, and ask nicely for them to give more of their time to support it when their free sodftware isn't backwards compatible. Perhaps we can even offer to help implement it.

   But they have no duty to do so or to "care" for their users. (They have already demonstrated they care for their users, btw, by giving them free software.)

   EDIT: I missed an important part of the story, which is that they mutated existing files in a non-backwards compatible manner. That should have been avoided, I understand where the (secondary) author is coming from now.

   1. pdonis · 1790522952 · focus · HN ↗

      > giving away free software as a gift

      Even a gift comes with an implicit promise that it will do no harm. Deleting important data of yours without warning is harm.

      1. timschmidt · 1790523472 · focus · HN ↗

         This gift comes with the following clauses listed plainly in the license file:

            7. Disclaimer of Warranty. Unless required by applicable law or
               agreed to in writing, Licensor provides the Work (and each
               Contributor provides its Contributions) on an "AS IS" BASIS,
               WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
               implied, including, without limitation, any warranties or conditions
               of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
               PARTICULAR PURPOSE. You are solely responsible for determining the
               appropriateness of using or redistributing the Work and assume any
               risks associated with Your exercise of permissions under this License.
         
            8. Limitation of Liability. In no event and under no legal theory,
               whether in tort (including negligence), contract, or otherwise,
               unless required by applicable law (such as deliberate and grossly
               negligent acts) or agreed to in writing, shall any Contributor be
               liable to You for damages, including any direct, indirect, special,
               incidental, or consequential damages of any character arising as a
               result of this License or out of the use or inability to use the
               Work (including but not limited to damages for loss of goodwill,
               work stoppage, computer failure or malfunction, or any and all
               other commercial damages or losses), even if such Contributor
               has been advised of the possibility of such damages.

         1. jstanley · 1790523625 · focus · HN ↗

            I don't think anyone is looking for legal remedies, this is not the right layer.

            1. timschmidt · 1790524107 · focus · HN ↗

               Is some part of:

               "Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE."

               Unclear? The fact that it's part of a license does not make it a legal-system-only warning.

               The software might eat your dog, and feed your homework. Run it at your own risk, and be prepared to submit patches or fork it to make it behave the way one prefers.

               1. jeremyjh · 1790524924 · focus · HN ↗

                  Is the fact that we are not discussing legal remedies in this thread unclear?

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