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319 points SpaghettiX | 11 comments | | HN request time: 2.604s | source | bottom
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pabs3 ◴[] No.30284770[source]
Unfortunately the cloudflared software, while the source is available on GitHub, and there are pull requests open and accepted for it, is not under an open source license, and the license it is under does not allow modifications, so any modifications (including the aformentioned pull requests) are contrary to the license and thus copyright law and thus illegal. The issue I filed about this is still waiting for action since October 2021.

https://github.com/cloudflare/cloudflared/issues/464

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1. heliodor ◴[] No.30285004[source]
Breaking a contract is not illegal. Seems to be a common misconception.
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2. pabs3 ◴[] No.30285053[source]
Its copyright law that is being broken here that makes it illegal, not breaking the license/contract.
3. hashimotonomora ◴[] No.30285067[source]
In civil law countries it is. Also you can be sued for it.
4. wjnc ◴[] No.30285185[source]
Please explain? I've googled your sentiment and have found some links but not many answers. Breaking a contract is just as illegal (~ against the law) as breaking the law? This follows trivially from contract law being a part of law. More substantive: Both contracts and laws proscribe actions. One can find remedy for breaking either via the legal system. (Obviously the severity of punishment can differ several orders of magnitude.) Only if you limit 'illegal' to criminal law you might be right in some jurisdictions.
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5. hitpointdrew ◴[] No.30285276[source]
I think the misconception is between civil law and criminal law.
6. gmfawcett ◴[] No.30285471[source]
> This follows trivially from contract law being a part of law

That does not follow trivially. Contracts themselves are not articles of contract law.

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7. wjnc ◴[] No.30286552{3}[source]
Contracts themselves are not articles of contract law. - This is true, but the concept of inheritance holds.

'Illegal' ~ 'against the law'. What is doing something against the law? Doing something the law states you are not allowed to do. So in practice under continental law (Napoleonic / Germanic) a law states "do X" or "leave Y" and doing the opposite is illegal. Then, if the law states "you must (under good faith) fulfill your contract" and you do not fulfill your contract ... that's illegal. A legally binding contract has the force of law for the signing parties.

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8. samhw ◴[] No.30291639{4}[source]
> Contracts themselves are not articles of contract law. - This is true, but the concept of inheritance holds.

Of 'inheritance'? What does this mean? Are you trying to apply the rules of OOP to contract law, as if an individual contract were an instance of contract law...?

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9. hashimotonomora ◴[] No.30295338{5}[source]
In civil law countries, a contract is the law between parties.
10. wjnc ◴[] No.30298440{5}[source]
Yeah I was trying to make an argument the target audience might find persuasive. Inheritance is a nice concept when reasoning about (continental) contracts since a contract is only a contract if and only if it abides by contract law. That's a strict inheritance there. In truth, it's a bit more flexible: a contract could still be a contract if there are illegal provisions in the contract since at first only the illegal provisions will be scrapped by a judge.
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11. samhw ◴[] No.30300633{6}[source]
> a contract is only a contract if and only if it abides by contract law

That's true, but I don't quite see how that makes a contract the law. Someone who doesn't turn up to work isn't doing something illegal by dint of breaking their employment contract. IME, 'illegal' generally refers to breaking the criminal law, whereas I wouldn't say this even breaks civil law, sensu stricto. https://malesculaw.com/is-breach-of-contract-a-tort/

Also, there's some casual discussion by lawyers of this exact terminological question here: https://www.quora.com/How-should-a-breach-of-contract-be-qua...