> Yes, VSC is less "open source" than emacs. if "open sourceness" is a score out of 10 or something.

VS Code is not Open Source, period. What exists in the “Visual Studio Code - Open Source” repo that is MIT licensed but cannot be used to build VS Code. Once-upon-a-time it was just branding, telemetry, and a license to use the Microsoft Extension Marketplace. Now, however, there are proprietary, closed-source extensions and additions that are only available in the proprietary-licensed VS Code.

> You can always fetching the VSIX file and sideload it is if the "store" is down though.

No, you cannot do so legally (in the context of using Vscodium or similar), as it is a violation of [the VS Code Marketplace ToS][1]: “You may not import, install, or use Offerings published by Microsoft or GitHub, or Microsoft affiliates in any products or services except for the In-Scope Products and Services.”

[1]: https://cdn.vsassets.io/v/M253_20250303.9/_content/Microsoft...

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johnnyjeans 2 months ago | parent [-]

violating a corporation's terms of service isn't unlawful. outside of that corporation, at least.

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cmeacham98 2 months ago | parent [-]

It is not criminal, but it is unlawful.

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mystified5016 2 months ago | parent [-]

EULAs and TOS are not legal agreements. It is not unlawful to break them.

The TOS is purely a thing that the owner can point at as a legitimate reason for banning you.

There is no law anywhere binding you to the terms of an EULA or TOS. It's even less binding than a verbal agreement and a handshake.

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cmeacham98 2 months ago | parent [-]

Honestly incredible this level of misinformation is getting posted on HN: https://www.google.com/search?channel=fs&q=are+eula+legally+...

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prmoustache 2 months ago | parent [-]

Caveat: this is not universal and depends on the juridiction.

For example in France a software/service editor can only really attack a user if he is infringing on copyrighted stuff. Outside of that the EULAs only allow it to ban/remove access to its services without risk of legal retaliation. And by infringing copyright I mean redistribution of copyrighted material, not downloading and using it. I am sure this is the case in many other countries.

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cmeacham98 2 months ago | parent [-]

This is again, wrong. EULA is just another word for "contract", and I'm not aware of any countries that have banned contracts.

Of course, specific EULAs may not be enforceable in some countries because they contain terms prohibited by law. But the concept of EULAs - a contract where you agree to certain terms in exchange for license to use software is enforceable in basically all countries.

	▲	mdaniel 2 months ago \| parent \| next [-]
		IANAL, but the "A" is "agreement," which is only true if entered into. If I put a sentence at the top of my website that says "by loading this page you are agreeing to my terms of $1,000,000 per byte downloaded, payable by bitcoin" you are for sure not under any obligation that I can imagine because you didn't agree to my ~~terms~~ demand
	▲	prmoustache 2 months ago \| parent \| prev [-]
		A contract is only valid if you sign it, not because someone in his office unilateraly decided you have agreed.