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giancarlostoro 6 hours ago

The project is Apache licensed, so even if they took it, outside of lacking attribution / retaining copyright, I don't see a problem? They would be require to add it to an "About" tab or something.

The project in question is here:

https://github.com/simstudioai/sim

embedding-shape 6 hours ago | parent | next [-]

I think the problem is more that they weren't honest about the origins, even if we disregard the point where they themselves break the license terms.

> DeepDelver recognized that Pathways looked a lot like Sim.ai’s open source agent-building product called SimStudio and asked Delve if it was based on SimStudio. The Delve folks said they built it themselves, the whistleblower contends.

If they were upfront about that it was a fork, and attributed it, sounds like there wouldn't have been any issues here at all.

giancarlostoro 6 hours ago | parent | next [-]

That's fair, and a bit ridiculous considering the license allows them to do what they are doing, minus lacking the attribution. People are too illiterate on software licenses. If you're going to use open source software, learn the licenses you're using! I'm pretty sure GitHub literally shows you what you can and cannot do with specific licenses.

Edit: Yeah they do. There's no excuse for goofing this up.

https://github.com/simstudioai/sim/blob/main/LICENSE

i_am_jl 5 hours ago | parent | next [-]

I think you're missing the crux of the problem here.

"We didn't understand the licensing!" isnt usually an incredible claim, but it becomes so when it's being made by a company that manages software licensing compliance.

bawolff 3 hours ago | parent | prev | next [-]

> license allows them to do what they are doing, minus lacking the attribution.

That's a hell of a caveat though. That is basically the entire license.

Its like saying you are allowed to kill people minus that whole law about murder. Well like obviously. You are allowed to do anything minus the rules that forbid you from doing the thing.

embedding-shape 6 hours ago | parent | prev | next [-]

I barely finished high school and I can understand them, not sure why some find it so hard to, even the license texts themselves are relatively easy to read, understand and reason about, and there is tons of further reading material all over the web, some from actual law-firms that can help you understand how it applies in your country too.

mghackerlady 5 hours ago | parent | next [-]

I can maybe understand not fully grasping how the GPLs work (I sometimes have to look at GNUs page of compatible and incompatible licenses myself) but something as simple as apache or MIT should be so dead simple it hurts

balamatom an hour ago | parent | prev [-]

The uncomfortable truth is that people aren't half as dumb as they give themselves credit for. Not being able to understand something is rarely, if ever, a skill issue.

swingboy 6 hours ago | parent | prev | next [-]

They assume if people knew it was just a fork of an open source tool then they would use the free, open source version instead of paying for the fork.

giancarlostoro 6 hours ago | parent [-]

I don't disagree, but actively lying about it is still a violation of the license.

25 minutes ago | parent | prev | next [-]
[deleted]
gzread 3 hours ago | parent | prev [-]

And if you're releasing open source software, learn the licenses you're using! You probably didn't intend a multimillion dollar AI startup to be able to just take your thing and call it their own.

evanjrowley 6 hours ago | parent | prev | next [-]

It's possible their spokesperson was not informed about SimStudio being the basis for Delve. Lots of people in sales and marketing do not know little about how open source software works.

embedding-shape 6 hours ago | parent | next [-]

I'm not sure "Person who answered a question didn't actually know the answer" is such a good defense, almost worse than "We didn't understand the license", because the implications of having such people in your company seems way wider then.

evanjrowley 5 hours ago | parent | next [-]

That is very much true. Lack of knowledge in a legal context is a very weak defense.

Generally speaking, open source ecosystem knowledge is not something that shows up in job descriptions, interviews, or regular training for non-technical staff in most software companies. Hopefully that will one day be the case but until then there is a high likelihood that misleading statements can be made accidentally.

buremba 4 hours ago | parent | prev [-]

Compliance tech company who doesn't know about open-source. Interesting.

echoangle 5 hours ago | parent | prev [-]

Then maybe say „I don’t know, let me get back to you“ instead of „no, we built it ourselves“?

forgotaccount3 3 hours ago | parent | next [-]

Yes, great response. But is the failing here an individual one 'This person is bad at their job and needs more training/be replaced' or a company one 'This company only hires bad people and we shouldn't use them'

Every company of non-trivial sizes will eventually hire someone who is a bad hire.

9rx 5 hours ago | parent | prev [-]

Understandably it can be difficult for the machines of HN to truly understand, but humans don't normally have that kind of exacting control over what comes out of their mouth. Those who have carefully developed the skill of having that control don't waste their time working at struggling startups.

echoangle 5 hours ago | parent [-]

If you’re the spokesperson, I kind of expect you to think before you speak. I don’t think that’s a HN machine thing.

9rx 4 hours ago | parent [-]

No, it is. Humans understand that to err is human and thus have compassion for other humans. Human expectations are placed on full timelines, not instants in time. A human saying the wrong thing simply doesn't matter to other humans as they know that words are part of a larger dialog and surrounded by a vast array of other context.

CodingJeebus 6 hours ago | parent | prev [-]

I'd be more concerned about a shareholder lawsuit if Delve told their investors that they owned the IP of said platform.

deng 4 hours ago | parent | prev | next [-]

> outside of lacking attribution / retaining copyright, I don't see a problem?

That's a bit like a shoplifter saying "well, outside of not paying for it, I don't see a problem?".

Apache 2.0 clearly says you must include the license, include copyright, state any changes you've made and include the NOTICE file. None of that was done, so this is a pretty clear violation of the license. The copyright holders can demand that this is fixed immediately, seek at least an injunction if that does not happen, and maybe even claim profits made from selling the software while violating the license.

starkparker 5 hours ago | parent | prev | next [-]

You don't see a problem with a startup dedicated to handling legal compliance for customers repeatedly botching even rudimentary legal compliance of its own?

WhyNotHugo 5 hours ago | parent | prev | next [-]

> The project is Apache licensed, so even if they took it, outside of lacking attribution / retaining copyright, I don't see a problem? They would be require to add it to an "About" tab or something.

They used it without having a license. The apache license would have allowed them to use it, but they didn’t meet the conditions.

This sounds equivalent to using paid software without paying to me.

The original author could well claim that “the cost of a license under the terms which they used it is $2M”. After all, the cost of software licenses is entirely arbitrary and set by the author (copyright owner).

wredcoll 6 hours ago | parent | prev | next [-]

Sometimes people consider morality instead of legality.

voidfunc 6 hours ago | parent | next [-]

Good thing our legal system doesn't.

happytoexplain 6 hours ago | parent | next [-]

There is no implication in the parent comment that it should.

The fact that we can't comprehend even talking about anything beyond legality sometimes is just mind-boggling. We are sick.

ozgrakkurt 6 hours ago | parent | next [-]

Really feels like there is a moral collapse all around.

Seeing some people’s post about prediction (gambling) markets is another eye opener on this topic.

Also the latest elected government of US is another one.

Not sure if it was always like this or I grew up. But it for sure seems like there is a collapse.

plant-ian 6 hours ago | parent | next [-]

Yeah I'm not sure if it's collapse or just the bad that was there all along has been let off the leash. I guess my point is I'm not sure that people lost their morals as much as the people with the morals lost the power.

withinboredom 6 hours ago | parent | prev [-]

I would say it was a collapse of ethics, not morality. Most people have morals (their own belief system on what is fair), but their morals may not be ethical (rule-based morals to achieve fairness). I personally attribute it to cars and the internet.

The internet removed consequences. You can say the most vile thing imaginable to another human being and… nothing happens. No social cost, no awkward eye contact at the grocery store, no reputation hit in your actual community. Just a dopamine hit and a notification count.

Cars did something sneakier. We spend hours every week sealed in a metal box, alone or with the same people. No random encounters, no friction with people who think differently. Just you, your podcast, and whatever is important in your tiny echo chamber.

Put those two together and you get people with deeply held morals and zero framework for applying them to anyone outside their bubble. Ethics requires seeing strangers as real. We've engineered that out of daily life.

cwmoore 6 hours ago | parent | prev [-]

Agreed, the ultimate state-monopoly on use of force, right to private property, legislated penalties and remedies, the time and expense of pursuing fairness, in the absence of full moral consideration, or common sense for lack of a better term, is a giveaway to entrenched authority, attorneys or deep-pockets, and not a sensible approach to dynamic real world right and wrong.

LocalH 4 hours ago | parent | prev | next [-]

Maybe it should

4 hours ago | parent | prev | next [-]
[deleted]
bluefirebrand 4 hours ago | parent | prev [-]

In what possible world is "our legal system cares more about law than morality" a good thing?

Shouldn't morality be the basis for all of the laws?

s5300 6 hours ago | parent | prev [-]

[dead]

axus 6 hours ago | parent | prev | next [-]

If you start a business relationship with people who rip-off and cover-up, you're going to have a bad time.

neilv 2 hours ago | parent [-]

Unless you're playing a numbers game by in investing in "naughty" people, and aligning them to mutually-beneficial exit.

You still have to be careful not to invest in imbeciles, but unethical is OK.

Steve16384 6 hours ago | parent | prev | next [-]

But they didn't attribute it. Or does this not really matter?

NewJazz 5 hours ago | parent | next [-]

Exactly the article brushes over this too, painting it as not abbig deal. But IMO it is a huge deal. Open source licensees have very few terms usually, making the terms that do exist extremely important to satisfy so that a user is in good standing.

This phrase in the article in particular is frustrating:

DeepDelver calls this “stealing intellectual property,” which is a bit of a stretch, since open source tools are freely available to be used, if they are properly credited.

Oh because my license terms are more liberal, it doesn't matter as much when you break them?? Really? Bonkers that they would publish that.

giancarlostoro 6 hours ago | parent | prev [-]

It does matter, that's one of the requirements.

cestith 2 hours ago | parent | prev | next [-]

Copyright infringement is always a problem.

croes 4 hours ago | parent | prev | next [-]

Ask yourself why they didn’t do that in the first place.

PhilipRoman 6 hours ago | parent | prev | next [-]

This hilarious meme continues to prove itself correct again and again https://lukesmith.xyz/articles/why-i-use-the-gpl-and-not-cuc...

neutronicus 5 hours ago | parent | next [-]

Does that blog post have a glowing smiley face with "A BUNCH OF N***ERS" written in on it in pixelated text?

Would think twice about linking that one in polite company.

lynndotpy 3 hours ago | parent | next [-]

In case it is pertinent for anyone clicking, the source article does not censor the text, but it is a little blurry in the image.

MSFT_Edging 5 hours ago | parent | prev | next [-]

Not defending it, but the meme itself is derivative quote from the developer of TempleOS. He suffered from Schizophrenia and believed the CIA was tracking him. He believed you could tell a CIA agent due to them glowing, and would refer to them as "glowy nwords" very regularly.

The term "glowy" has taken on a life of its own despite the original context. The image itself is from it's 4chan days. Probably poor taste to include a version with Terry's full quote.

switchbak 4 hours ago | parent | next [-]

"Probably poor taste" ... it's the fuckin N word, in the context of software licenses. Of course it's in poor taste, that's putting it mildly.

The whole thing reeks of 14 year old turned 38 year old smelly edgelord nonsense, not something I would post, that's for sure.

kstrauser 5 hours ago | parent | prev | next [-]

I'm sympathetic to Terry saying that. The guy had measurable brain damage, and it's hard to blame someone for doing things when it's their damaged brain that decides to do them. It's like getting mad at a diabetic for having high blood sugar.

But I can certainly squint at other people when they spread Terry's quotes and memes.

bluefirebrand 4 hours ago | parent [-]

> But I can certainly squint at other people when they spread Terry's quotes and memes

Someone can use language you disagree with but still have a point if you dig past it. I also happen to personally think it's important to engage with this sort of thinker at least sometimes

Insisting on polite, formal language can be a type of bigotry too you know. It's historically pretty classist, and lately also indicates a sort of neuronormative bigotry.

Idk, some food for thought

switchbak 4 hours ago | parent | next [-]

Wait - not conversing with someone who thinks it's fine to post the N word is now classist and some kind of neuro-whateverthefuck bigotry?

No it's not, it's enforcing the norms of civil discourse. If they have some kind of actual underlying issue that causes this and it's legit beyond their control - then sure, go the extra mile and try to meet them where they are.

If on the other hand, it's some annoying person who likes ruffling feathers on purpose - I really think they ought to be ostracized for such behaviour.

kstrauser 4 hours ago | parent | next [-]

Right?! I feel like we must be being trolled.

Short of something like the recent event with the chap with Tourette's saying awful things at the BAFTA awards, or Terry Davis with schizophrenia saying outlandish stuff, there aren't many scenarios where I'd be willing to give someone a pass on this.

If you have the ability to choose not to use the n-word, and you're not in a group that can use it self-referentially among your peers, and you use it anyway, then you're an asshole and I don't really care to hear what else you have to say. I feel pretty OK with that blanket assessment.

bluefirebrand 3 hours ago | parent [-]

> Short of something like the recent event with the chap with Tourette's saying awful things at the BAFTA awards, or Terry Davis with schizophrenia saying outlandish stuff, there aren't many scenarios where I'd be willing to give someone a pass on this.

"There are some scenarios where you might want to give people a pass for reasons outside their control" is literally the only point I was trying to make

So I guess we are in violent agreement?

Edit: also, you will never actually discover which people you should give the benefit of the doubt if you categorically dismiss anyone who uses language you dislike

bluefirebrand 2 hours ago | parent | prev | next [-]

> No it's not, it's enforcing the norms of civil discourse

You don't see how that is exclusionary to people who struggle with norms?

I guess if you're born neurodivergent and can't handle social norms, you don't deserve any kind of grace. You can't ever contribute anything worthwhile or meaningful if you don't live up to all of society's polite norms. Good to know

Never change Hacker News

kstrauser an hour ago | parent [-]

Oh behalf of the neurodivergent people surrounding me, 100% of whom successfully resist any temptation to say the n-word in my presence that they may ever feel, it's reprehensible that you're conflating racism and neurodiversity. I've never, not once, ever, heard someone blame their racism on ADHD.

bluefirebrand 2 minutes ago | parent [-]

You've never encountered someone who is pretty autistic and doesn't care about (or perhaps understand) the social consequences of using slurs?

Or someone bipolar who gets kind of erratic and can say really out of character stuff when they are going through a manic episode?

Or someone with tourettes that might say something that pops in their head unexpectedly?

Sure thing about ADHD. You're right that people with the executive function disorder don't tend to blurt wild social faux pas. But there are also people with social function disorders who might.

It doesn't necessarily mean they are terrible people

guelo 3 hours ago | parent | prev [-]

[dead]

kstrauser 4 hours ago | parent | prev [-]

Ahem, bullshit.

No. There's a huge, eye-wateringly vast gap between impolite, informal language and racial slurs. I happen to personally think it's completely unimportant to engage with someone actively calling someone else the n-word.

That's not classist, and in no way neuronormative bigotry, unless we're classifying racism and generalized bastardry as a mental illness.

lynndotpy 3 hours ago | parent | prev [-]

In the most generous interpretation possible, I still would not say it has taken on a "life of its own", it's still very well rooted in the context of the belief the CIA plants black people in locations for gangstalking.

giancarlostoro 5 hours ago | parent | prev | next [-]

Hot damn, I did not notice the Terry Davis meme on the blog post had that. I wonder if they noticed the font at all or not.

PhilipRoman 5 hours ago | parent | prev | next [-]

Didn't notice it, to be honest.

gzread 3 hours ago | parent | prev | next [-]

No, it doesn't, and honestly, your comment comes off as trying to steer people away from clicking the link and learning the actual point of what's being linked to.

mghackerlady 5 hours ago | parent | prev [-]

he's gone way off the /pol/tard deepend. He used to be a pretty good source for GNU/Linux tutorials but man he's insufferable

giancarlostoro 6 hours ago | parent | prev | next [-]

Personally I like GPL for core systems type of software, like an OS. I don't care what license you put desktop applications under, could be MIT, could be proprietary. I make software for a living, open source has a cost. If you want to profit off your open source software and have a competitive advantage against people forking it, you should 100% license it accordingly. I put a lot of thought into my projects before licensing them, I would hope others do as well.

My default is almost always MIT though.

Jiro 6 hours ago | parent | prev | next [-]

Using the GPL like this doesn't help unless you are willing to sue people. If you can't or won't sue people, all that happens is that the software with the GPL license is avoided by people who want to use it in GPL-incompatible ways but have a conscience, while bad people still take it and use it anyway, and since you're not going to sue them, they don't care that they're violating the license.

applfanboysbgon 6 hours ago | parent | prev [-]

In reality, GPL is also a cuck license. There is absolutely nothing stopping somebody in India forking your open source game, throwing ads in it, and uploading it to an app store. You cannot prevent people from making money off your free work, and the fact that it is a profitable endeavour for them will lead to them spending money on marketing, "outcompeting" your non-product and providing a strictly worse experience to people who don't know they could get it for free / without ads.

It doesn't even really need to be India, it could just as well be stolen by someone in your country. The vast majority of open source developers don't have the time to invest into copyright protection. Trying to actually enforce your license is signing up for a years-long nightmare of wasting your time, energy, and money dealing with the legal system for, in the end, no real value to yourself. If you release something as open source, you pretty much need to be ready to accept that your license is meaningless when it meets contact with reality.

This is all the more true with LLMs existing now, which are freely used to launder copyright licenses. Maybe in the past GPL would've made Microsoft or Google, at least, think twice about using your code, but now their developers will prompt GPT to reimplement your code.

withinboredom 5 hours ago | parent | next [-]

This is why I prefer the AGPL over the GPL. But isn't this the entire point of open source? So long as it is attributed/following the license, who cares if they're selling it or not?

lynndotpy 3 hours ago | parent | prev | next [-]

I agree with your analogy, but as an aside... "Cuck license" is not a phrase that's a term of art outside this blog post and I don't think it's a useful lens for understanding how software licenses work.

It also seems divorced from the practice of intentional cuckoldry. Any "bulls" would know that a more apt analogue would put Amazon and Delve and others as the cucks (expending energy to create arrangements where they can sit back and watch others do the work), and the open source contributors as the 'bulls' or 'cuckqueans' (the ones who actually do the work, but they do it because they find it enjoyable).

Luckily, software licenses aren't really so difficult to understand, and it behooves us to understand them in specifics. So I don't think it serves an illustrative purpose to insist on an analogy where writing software is like being physically intimate with someone elses spouse. I think the author just intends to signal political affiliation through the soft-shibboleth of Being the Type of Guy to Say Cuck A Lot.

f33d5173 3 hours ago | parent | next [-]

> outside this blog post

It's a /g/ meme, from where luke presumably got it.

zem 2 hours ago | parent | prev [-]

> I think the author just intends to signal political affiliation through the soft-shibboleth of Being the Type of Guy to Say Cuck A Lot

agreed, I got strong edgelord vibes off that. completely distracted from any message the poster wanted to convey.

delfinom 4 hours ago | parent | prev | next [-]

>. You cannot prevent people from making money off your free work, and the fact that it is a profitable endeavour for them will lead to them spending money on marketing

You can in-fact file a copyright claim against them if they fail to provide the source and attribution.

gzread 3 hours ago | parent | prev [-]

You can submit a DMCA takedown notice to the app store, and they must take it offline for 14 days and give you the contact details of the perpetrator, or else you can sue the app store for not doing that.

applfanboysbgon 2 hours ago | parent [-]

> they must take it offline for 14 days and give you the contact details of the perpetrator

These specific actions are definitely not part of the DMCA. In fact, it's basically the reverse. Unless you hire a lawyer to represent you, you must dox yourself to file a DMCA claim, which will involve handing over your name, address, and phone number to the platform committing the infringement against you, with the DMCA complaint requiring swearing under penalty of perjury that you are not falsifying any details.

> else you can [sue] the app store for not doing that.

This is, I think, the fantasy belief of someone who has never engaged with the legal system. You submit a notice of copyright infringement. They ignore it. Now what? Are you, as an independent developer, prepared to spend years of your life fighting to have it taken offline, out of pure spite, because you aren't going to get anything near the effort you put in? Even if you "win", you still lose, because it's just not worth it.

This is assuming you're even aware of the infringement. It was pure luck that I happened to discover the copyright infringement, in my case. It would be very easy for somebody to never discover that their game was re-labelled with a new name in a foreign app store. And once aware of it, actually trying to enforce my copyright quickly disabused me of the notion that copyright law could ever benefit individuals in any meaningful way.

mvkel 6 hours ago | parent | prev [-]

Yep. While maybe it's "not cool," (I guess, depending on how much work Delve did in their fork, in which case it could be "totally cool"), there is no legal problem with doing this and if someone is "blowing the whistle" about this, they don't really understand open source.

solid_fuel an hour ago | parent | next [-]

> there is no legal problem with doing this

They are explicitly forbidden from doing this without attribution. So yes, there is a legal problem with this. All they needed to do to avoid that was provide attribution, but Delve was staffed with such morally bankrupt and incompetent individuals that they couldn't even do that.

mvkel 41 minutes ago | parent | prev | next [-]

Replying to my own comment -- didn't realize it was Apache, thought it was MIT. Flame on!!

mrgoldenbrown 5 hours ago | parent | prev | next [-]

How is there no legal problem with violating the license terms, which explicitly require attribution?

NewJazz 5 hours ago | parent [-]

It's not a copyright violation because the readme says open source somewhere!!! /s

nickvec 4 hours ago | parent | prev | next [-]

You clearly did not read the article. Why post something so confidently when you're not even informed on the topic?

malcolmgreaves 6 hours ago | parent | prev [-]

> A permissive license whose main conditions require preservation of copyright and license notices.