I’m not really big on “let’s make a movement”, but this independent dev has been hit with a cease-and-desist from making a FOSS Home Assistant addon for their Haier air conditioners.
Haier claims that they are losing out on millions of dollars due to this plugin which… lets you control their air conditions from home assistant. They haven’t bothered to explain how that’s possibly worth millions of dollars - they’re just claiming it.
So of course they hit the Streisand button and are demanding that he takes it down. He of course is complying… in a couple of days. Maybe you see where this is going.
It would be an absolute shame if any of you just happened to create a fork, or clone the code, or mirror it in your own instance. An absolute shame.
Just so everyone here knows which repositories NOT to clone or fork, here are the two links:
and please, don’t repost this anywhere, or share it in other communities, or anything like that. It’s a shame that so many people already know and are making clones. I’m just letting you know so you don’t do anything like telling others who may make their own copies.
(sidenote: Haier owns GE Appliance, so for our American folks it may affect you folks too)
Firstly, imposing on someone else’s intellectual property is not “illegal”, because that usually refers to crimes. This is a civil issue, as in the some company is demanding the dev stops or else they’ll sue him or something.
Secondly, it doesn’t really matter whether the dev is “right” or could prevail against a legal claim - because you just wouldn’t bother trying. Imagine you have an ok job, take care of your family, and made this plugin on a whim just because you can. Your days are full of taking your kids to the park, spending time with your wife, playing around with your hobbies, that stuff. Maybe you’re not wealthy, but your salary is enough to look after your family and make your mortgage repayments. Then Haier threatens to sue you, and although you could likely prevail mounting a defense would probably cost you a years worth of mortgage repayments. Maybe you could represent yourself but that might take a years worth of saturdays writing and responding to legal stuff that you don’t really know much about. Bear in mind that there’s no financial support from the open source community.
It just doesn’t really matter whether Haier has a legit claim.
Yeah, you’re right, that’s the problem. That system makes sense if big corpos use it to “test” each other for copyright infringement, but when an individual gets involved they just get steamrolled wether they’re in the right or not, since the system assumes they have a team of lawyers on retainer in order to work as intended.
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That’s not how legal matters work.
Firstly, imposing on someone else’s intellectual property is not “illegal”, because that usually refers to crimes. This is a civil issue, as in the some company is demanding the dev stops or else they’ll sue him or something.
Secondly, it doesn’t really matter whether the dev is “right” or could prevail against a legal claim - because you just wouldn’t bother trying. Imagine you have an ok job, take care of your family, and made this plugin on a whim just because you can. Your days are full of taking your kids to the park, spending time with your wife, playing around with your hobbies, that stuff. Maybe you’re not wealthy, but your salary is enough to look after your family and make your mortgage repayments. Then Haier threatens to sue you, and although you could likely prevail mounting a defense would probably cost you a years worth of mortgage repayments. Maybe you could represent yourself but that might take a years worth of saturdays writing and responding to legal stuff that you don’t really know much about. Bear in mind that there’s no financial support from the open source community.
It just doesn’t really matter whether Haier has a legit claim.
Yeah, you’re right, that’s the problem. That system makes sense if big corpos use it to “test” each other for copyright infringement, but when an individual gets involved they just get steamrolled wether they’re in the right or not, since the system assumes they have a team of lawyers on retainer in order to work as intended.