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by try_the_bass 547 days ago
But sometimes SeriousCompany says "we'll provide this public resource so people can do X, Y, and Z", and then someone does A and gets a cease and desist?

It's an open resource, sure, but the provider of the resource can still set limits on its use, even after it's been available for some time. Often that includes things like "don't use our free resource to make yourself money".

That seems like an entirely reasonable request to me?

Something being freely available does not inherently grant you the right to use it however you'd like. It's pretty unhelpful to conflate the two things.

1 comments

You’re conflating a license to use something granted without charge and something actually free to the public. Licenses come with terms, public resources only come with social pressures of fair use.

It is unfair for SeriousCompany to pretend that resources it releases to the public (usually as a PR move or to advertise a paid product) must flatter their motives and the narrow confines of what they envisioned the public might use them for. That is wishing a free resource had a license when it only has a social contract. If the provider could set limits, it would no longer be free.

I mean, a license to use something for free can still apply to something that is freely given? There's no conflation, since they're just different aspects of the same thing

And no, that's not unfair, that's absolutely within their rights, as the provider of said thing. What's unfair is willfully taking advantage of a free resource in ways that are explicitly against the reasons the provider is providing the thing in the first place. That's just place malice at that point.

After all, a license is just a social contact that can actually be enforced. I would argue the world would be a far better place if people didn't abuse the unenforceable nature of what you're calling "just a social contract".