[HN Gopher] TikTok streaming software is an illegal fork of OBS
       ___________________________________________________________________
        
       TikTok streaming software is an illegal fork of OBS
        
       Author : cwaffles
       Score  : 1049 points
       Date   : 2021-12-17 13:54 UTC (9 hours ago)
        
 (HTM) web link (twitter.com)
 (TXT) w3m dump (twitter.com)
        
       | greatjack613 wrote:
       | China, China, China, China
        
       | rubyist5eva wrote:
       | China doesn't give a flying f*ck about your software license LOL
        
         | majani wrote:
         | Something tells me that TikTok has somehow managed to get
         | people to forget their country of origin
        
       | londons_explore wrote:
       | The commitment[1] appears to say, in summary, "you can violate
       | the license anytime, and as long as you stop violating soon after
       | we tell you to, there can be no financial penalties".
       | 
       | That makes the GPL _substantially_ weaker, since now a company
       | can use GPL code in any place they think nobody will look. They
       | will never be on the hook for court ordered damages going back
       | years for unlicensed use.
       | 
       | [1]: https://github.com/obsproject/obs-
       | studio/blob/master/COMMITM...
        
         | zinekeller wrote:
         | > That makes the GPL substantially weaker, since now a company
         | can use GPL code in any place they think nobody will look. They
         | will never be on the hook for court ordered damages going back
         | years for unlicensed use.
         | 
         | In OBS' case, maybe. But OBS' developers' generosity doesn't
         | automatically translate to other developers, and even in
         | proprietary cases, there have been cases of a exact-copy
         | contract that have gone significantly different ways.
        
         | phkahler wrote:
         | I'm not a fan of the GPLv3 limiting the available response to
         | copyright violations. Time limits in particular. It's one of
         | the less clear parts of the license IMHO, and it affects the
         | primary means of enforcement.
         | 
         | Fortunately a lot of GPLv3 code is actually 3+ so maybe if a
         | version 4 ever comes along this nonsensical restriction on
         | enforcement will be more limited. I do understand the reasons
         | around accidental misuse, but I haven't really seen anyone
         | getting into big trouble from accidental misuse. I have seen
         | these high profile cases of deliberate misuse by big
         | corporations.
        
           | lucasyvas wrote:
           | I'm not personally a fan of protecting against accidental
           | misuse. No other law offers significant leniency for
           | ignorance that I am aware of.
        
             | londons_explore wrote:
             | I am very much in favor of laws that offer leniency for
             | _procedural_ violations. For example, I believe  "You built
             | this building before you got a permit to build it"
             | shouldn't be a crime - there should only be a punishment if
             | I cannot retrospectively get a permit in a reasonable
             | timeframe.
        
             | r_hoods_ghost wrote:
             | This is a common misconception. I don't know about US law
             | but in English law (including contract law) there is a well
             | defined distinction between "wilful" and "non-wilful"
             | misconduct that rests upon whether a violation is
             | intentional. Definitionally violating a contract or clause
             | that you are ignorant of cannot be intentional. I know in
             | the US the same concept of wilfulness is used in the
             | context of tax law at the very least.
             | 
             | tldr; in law ignorance is a defence, or at least a
             | mitigating circumstance.
        
       | literallyWTF wrote:
       | It's almost like licensing is completely pointless unless you
       | have the money to sue.
        
         | tobltobs wrote:
         | Enough money to sue the CCP.
        
       | o_p wrote:
       | They could simply make a library with the OBS code, open source
       | that and dynamically link it into their app.
       | 
       | Forcing copy-left doesnt really benefit the open source
       | community, those who already want to contribute will do so
       | without contract obligations.
        
       | dangerface wrote:
       | It seems like OBS is the opensource software every uses but has
       | no idea because it gets ripped off and repackaged so much.
        
       | endisneigh wrote:
       | People expecting OBS to get millions from this are naive. Almost
       | certainly TikTok will change the software to just use OBS
       | independently to avoid the issue.
       | 
       | If OBS wants money they should use a dual license.
        
         | VWWHFSfQ wrote:
         | did anybody say OBS wanted millions?
         | 
         | > Almost certainly TikTok will change the software to just use
         | OBS independently to avoid the issue.
         | 
         | this is a perfectly acceptable outcome.
        
         | selfhoster11 wrote:
         | Nobody says they want money. They likely just want the GPL
         | violation to stop, one way or another.
        
         | paulryanrogers wrote:
         | And yet it could be argued that TikTok saved millions they'd
         | otherwise have had to pay to produce or license equivalent
         | software.
        
         | Trumpi wrote:
         | I imagine that OBS merely want others to abide by their
         | license.
        
       | oolonthegreat wrote:
       | apparently OBS devs don't want to share direct evidence yet and
       | resolve it privately probably due to their GPL Cooperation
       | Commitment. while I'm sure we all appreciate that, it would be
       | nice to see the decompiled binaries and the exact violations,
       | just so we can explicitly point them out and argue.
       | 
       | I find it VERY easy to believe that Tiktok are indeed in
       | violation, but right now all we have are statements and a 302
       | redirect to Microsoft Directx download page.
        
       | AustinDev wrote:
       | So people that have ripped off OBS so far and violated GPL
       | include TikTok, StreamLabs (Logitech), and StreamElements. Any
       | other people I missed?
        
         | kiddico wrote:
         | I didn't realize streamlabs was logitech. Damn. Going to have
         | to find a new go to wireless keyboard recommendation for media
         | pcs instead of the k400.
         | 
         | Should also stop singing the praises of the Pro Superlight...
        
           | remram wrote:
           | You just recommended both of them... Off to a bad start...
        
         | dodgepong wrote:
         | Streamlabs and Streamelements have not violated the GPL.
        
         | the-dude wrote:
         | How did StreamLabs violate the GPL?
        
           | pineconewarrior wrote:
           | The OBS project has accused StreamLabs of copying their name
           | and stealing their trademark (By naming their software
           | StreamLabs OBS). I'm not sure about any source code thievery.
        
             | errcorrectcode wrote:
             | SL rebranded SL OBS to SL Desktop. They seem like another
             | corporate FOSS mooch IYAM.
        
             | r1ch wrote:
             | Streamlabs violated OBS' trademarks, their fork has always
             | complied with the GPL.
        
               | AustinDev wrote:
               | There were 6 to 12 months iirc where they did not
               | distribute their source required by GPL. I have close
               | friends on the OBS team.
        
               | wccrawford wrote:
               | If nobody asked for the source and was denied, they were
               | not yet in violation. They aren't required to actually
               | post it online. They can simply send it to someone when
               | asked.
        
               | jnwatson wrote:
               | They are required to post the notice about how to get the
               | source code.
        
               | wyldfire wrote:
               | They did post a notice....
               | 
               | "But the plans were on display..."
               | 
               | "On display? I eventually had to go down to the cellar to
               | find them."
               | 
               | "That's the display department."
               | 
               | "With a flashlight."
               | 
               | "Ah, well, the lights had probably gone."
               | 
               | "So had the stairs."
               | 
               | "But look, you found the notice, didn't you?"
               | 
               | "Yes," said Arthur, "yes I did. It was on display in the
               | bottom of a locked filing cabinet stuck in a disused
               | lavatory with a sign on the door saying 'Beware of the
               | Leopard."
        
           | [deleted]
        
         | Liquix wrote:
         | Hopefully this is high profile enough to incur some
         | consequences. GPL is ironclad on paper, but the sad reality is
         | unscrupulous/international companies can and do just copy code
         | directly off github into their products with no repercussions
        
           | tomcooks wrote:
           | Consider donating to the EFF as a Christmas present to
           | yourself
        
             | oalessandr wrote:
             | The EFF lost all credibility by jumping into the crypto
             | bandwagon
        
               | remram wrote:
               | What did they do?
        
             | reedciccio wrote:
             | eff doesn't do license enforcement. Software freedom
             | conservancy is the organization to support in this case:
             | https://sfconservancy.org/
        
               | fsflover wrote:
               | https://fsf.org as well.
        
           | wongarsu wrote:
           | Unless a major contributor of OBS sues, nothing will come of
           | it. That's unfortunately very rare, the only one doing that
           | with any frequency seems to be Harald Welte (one of the
           | iptables developers) [1]
           | 
           | 1: https://wiki.fsfe.org/Migrated/GPL%20Enforcement%20Cases#W
           | el...
        
             | nsv wrote:
             | Couldn't the FSF sue on their behalf?
        
               | rrix2 wrote:
               | On what grounds? The FSF has no standing to sue like
               | that. The software freedom conservancy has lawyers who
               | will work on copyleft infringement cases like this but a
               | copyright holder still has to step forward as a
               | plaintiff.
        
           | trickstra wrote:
           | And now they can also claim it was just autocompleted by
           | Copilot.
        
             | libeclipse wrote:
             | That's not plausible
        
               | wizzwizz4 wrote:
               | Hey, just because it would get laughed out of court, that
               | doesn't mean they can't claim it!
        
               | randomluck040 wrote:
               | I'm not so sure about it being laughed out of court
               | unfortunately.
        
               | donkeyd wrote:
               | Can concur, courts don't know jack about tech and have to
               | rely on experts that aren't always independent.
        
               | wizzwizz4 wrote:
               | Rebutting the argument doesn't rely on tech knowledge.
               | 
               | "But, your honour, I didn't copy this person's book! I
               | used the autocomplete on my phone, and it just so
               | happened to produce their 500 000 word novel!"
               | 
               | You need tech knowledge to think that's even _plausible_.
               | Sure, they wouldn 't dismiss it _out of hand_ (I think
               | "laughed out of court" is a figure of speech), but I
               | wouldn 't be surprised if it got a few giggles.
        
             | kayodelycaon wrote:
             | Using a tool to violate copyright isn't a valid legal
             | defense.
        
         | detaro wrote:
         | StreamLabs afaik kept clear of GPL violations?
        
       | pshushereba wrote:
       | China stealing intellectual property? If only we could have seen
       | this coming!
        
         | BusyLurker3K wrote:
         | This is a horrible take. A Chinese company stealing IP is very
         | different from China stealing IP. Google was caught using IP
         | from Sogou for its pinyin IME, but we don't say America
         | stealing IP.
        
           | NullPrefix wrote:
           | >Sogou for its pinyin IME
           | 
           | What does it mean?
        
           | criddell wrote:
           | ByteDance is partially controlled by the government so I
           | don't think your Google analogy is a good one.
           | 
           | https://www.bloomberg.com/news/articles/2021-08-17/beijing-t.
           | ..
           | 
           | https://qz.com/1788836/targeting-tiktoks-privacy-alone-
           | misse...
        
             | rackjack wrote:
             | Basically every major Chinese company is partially
             | controlled by the Chinese government. (Not trying to
             | detract from your point, just providing context.)
        
             | pphysch wrote:
             | Do you honestly think Washington doesn't exercise similar
             | influence over Google? That Google can just throw NSLs in
             | the spam folder? What do you think Jigsaw is?
        
               | xvector wrote:
               | Why are people downvoting you? You are 100% correct about
               | NSLs and gag orders. This is one of the biggest issues
               | the EFF focuses on: https://www.eff.org/issues/national-
               | security-letters/faq
        
               | throw10920 wrote:
               | They are not correct about NSLs - the level of control
               | exercised by those is not even remotely comparable to the
               | level of power that the CCP holds (and exercises) over
               | Chinese companies. Nobody thinks that NSLs don't exist,
               | it's just that they're not comparable to the issue at
               | hand.
               | 
               | And, in particular, the US government does _not_ either
               | possess or exercise the power over US companies to coerce
               | them to steal IP from other countries - which is the
               | issue under discussion.
        
               | pphysch wrote:
               | What can I say, I'm attempting to add nuance and scrutiny
               | to what is a black-and-white issue for most of HN.
        
               | fortuna86 wrote:
               | Yes.
        
               | pphysch wrote:
               | Well, you've been misled.
               | 
               | https://transparencyreport.google.com
        
               | pdabbadabba wrote:
               | If they're equally influenced by their national
               | governments, perhaps you can also direct us to
               | ByteDance's own transparency report, so we can compare?
        
               | pphysch wrote:
               | That would be moving the goalposts. We're concerned
               | whether companies are de facto influenced by governments,
               | not whether those companies produce PR material about
               | said influences.
        
               | fortuna86 wrote:
               | "You are moving goalposts"
               | 
               |  _proceeds to move goalposts_
               | 
               | ByteDance doesn't issue such reports because everyone
               | knows they cannot refuse a request by their government.
               | Any report that says otherwise would be, as you say, "PR
               | material".
        
               | trasz wrote:
               | Same way US-based companies can't refuse gag orders and
               | other kangaroo "secret courts".
        
               | samtheprogram wrote:
               | Moving goal posts would be more like claiming that,
               | because we have evidence Google cooperates with the US
               | Government for some investigations, the US Government has
               | similar influence and control over Google as China does
               | over ByteDance, without any scrutiny or review of the
               | severity of China's influence on ByteDance.
               | 
               | Also, to the very point you bring up... recipients of an
               | NSL can file a legal challenge to an NSL which would
               | trigger a judge to have to review the request. NSL's also
               | do not allow the government to request all sorts of data,
               | but mostly direct PII and service metadata. NSLs are
               | problematic but I seriously doubt any comparative limits
               | apply to Chinese agencies' requests for data from
               | ByteDance.
        
               | pphysch wrote:
               | Bottom line: virtually all large (tech) companies are
               | influenced by governments. They will surveil you on
               | behalf of your government. Period.
               | 
               | Any attempts to muddy the waters for ideological point-
               | scoring are beside the point. If you want to dig deeper,
               | please bring evidence instead of speculation.
        
               | samtheprogram wrote:
               | In the original comment you responded to, the CCP put a
               | party member in the ByteDance board of directors.
               | 
               | The CCP is also known to enforce censoring government
               | critical speech on their platforms including TikTok. http
               | s://www.theguardian.com/technology/2019/sep/25/revealed-.
               | ..
               | 
               | National Intelligence Law also allows the CCP to request
               | from businesses any data unlimited in scope without a
               | warrant or possible recourse. https://en.m.wikipedia.org/
               | wiki/National_Intelligence_Law_of...
               | 
               | It's not ideological; one clearly exerts more control
               | than the other, by an order of magnitude. To say the
               | surveillance, censorship, or control on businesses are
               | similar because Google has complied with some government
               | requests (the only evidence _you_ have provided) is naive
               | at best, or disingenuous at worst. Of course the US
               | performs intelligence gathering on its citizens or
               | foreigners for national security. The difference is the
               | scope, oversight, and recourse businesses in the US have.
        
               | pphysch wrote:
               | > The CCP is also known to enforce censoring government
               | critical speech on their platforms including TikTok.
               | 
               | Donald Trump? Jan 6? Julian Assange? Chelsea Manning?
               | There are countless examples of USG censorship. Just
               | because you don't ideologically agree with the victims
               | does not absolve the act of censorship.
               | 
               | > National Intelligence Law also allows the CCP to
               | request from businesses any data unlimited in scope
               | without a warrant or possible recourse.
               | 
               | Do you _really_ believe that Washington doesn 't have
               | this same power? That they will just go "oh well, guess
               | we can't investigate this national security crisis
               | because Google said so". That's clearly ridiculous.
               | Washington has the power and resources to break into
               | datacenters if compelled.
               | 
               | > It's not ideological; one clearly exerts more control
               | than the other, by an order of magnitude.
               | 
               | It is clearly ideological (a priori, CCP = bad) and you
               | have not demonstrated that one is vastly more controlling
               | than the other.
        
               | fortuna86 wrote:
               | American tech companies _can_ say no to data requests,
               | they often do. Then they publish the details of those
               | requests, publicly.
               | 
               | Chinese companies not only can't say when such requests
               | were made, they cannot reject them either. Every Chinese
               | firm must give all their data to the government, at all
               | times, for any reason (which will remain secret of
               | course).
               | 
               | The fact that you are trying to, as you say, "muddy the
               | waters" (amazing the amount of projection you do) with
               | conflating the two might work as an augmentation tactic
               | (maybe fool a person or two), but logically it is
               | unsound.
        
               | throw10920 wrote:
               | One of the parent comments in the chain that you wrote
               | said "Do you honestly think Washington doesn't exercise
               | similar influence over Google?"
               | 
               | Note the "similar".
               | 
               | You then amended your point to "virtually all large
               | (tech) companies _are influenced_ by governments ", which
               | is completely different than _similar levels of
               | influence_.
               | 
               | Nobody cares that governments have _some_ level of
               | influence over companies - that 's a feature, in fact,
               | because some regulation is necessary for markets to work
               | - the issue under hand is _exclusively_ whether the level
               | of control is excessive. (and, in this specific thread,
               | whether  "A Chinese company stealing IP" is comparable to
               | "China stealing IP")
               | 
               | That's moving the goalposts.
               | 
               | (the answer to that last question is "yes" - the Chinese
               | government does, in fact, use Chinese companies to steal
               | IP from other countries (including, but not limited to,
               | the US, Japan, and parts of the EU), while the US does
               | not)
        
               | pphysch wrote:
               | If only you (and others) would be as pedantic about
               | verifying claims made by the Washington
               | establishment/media about "the evil See See Pee" as you
               | are about winning internet arguments.
               | 
               | It is impossible to have a practical discussion on these
               | issues when one side unironically believes China is a
               | Mordor-esque land ruled by comic book villains. Totally
               | misinformed.
               | 
               | Anyways, the level of influence _is_ similar. If the
               | Washington wants my private data from Google, they will
               | get it. No amount of wishful thinking and handwaving
               | about  "well Google could say no, but bytedance will
               | definitely comply because reasons" will change that.
        
               | throw10920 wrote:
               | You _completely_ ignored the points that I made, and
               | instead chose to pontificate about things completely
               | irrelevant as a distraction from the fact that you did,
               | indeed, move your goalposts, and couldn 't come up with
               | any counter-arguments to the fact that:
               | 
               | The Chinese government does, in fact, use Chinese
               | companies to steal IP from other countries, while the US
               | does not and cannot.
               | 
               | Irrelevant chaff that you have attempted to throw up:
               | "would be as pedantic about verifying claims" "winning
               | internet arguments" "one side unironically believes China
               | is a Mordor-esque land ruled by comic book villains"
               | (yeah no) "If the Washington wants my private data from
               | Google, they will get it" (also no)
               | 
               | > If the Washington wants my private data from Google,
               | they will get it
               | 
               | > the level of influence is similar
               | 
               | As someone who works _with the US government_ , I can
               | verify that both of these statements are _factually_
               | false. (and, again, still a diversion from the actual
               | topic under discussion which is _governments compelling
               | companies to engage in IP theft_ )
               | 
               | It is non-trivial (in the legal sense) for the US
               | government to get the data of a single US person, and it
               | certainly cannot do it en-masse, nor force companies to
               | hand over all of their data unencrypted, both of which
               | are things that the CCP can (and does) do. Therefore, the
               | levels of influence are not similar. End of argument.
        
               | pphysch wrote:
               | Are we at that point?
               | 
               |  _Blah blah blah, brainwashed government contractor doing
               | PR for his paymaster..._
        
               | criddell wrote:
               | Yes, I honestly think Washington doesn't exercise similar
               | influence over Google or other American companies.
               | 
               | CNN likes to pop up a PIP view of what's being broadcast
               | in China when they talk about things that embarrass the
               | Chinese government. When they start talking about Peng
               | Shuai it takes about two seconds before the Chinese
               | broadcast becomes a test pattern.
               | 
               | When's the last time you saw a test pattern when watching
               | a foreign news channel?
        
               | pphysch wrote:
               | If you want to uncritically believe everything US
               | establishment media says about enemies of the US
               | establishment, that is your problem.
        
               | criddell wrote:
               | Where did I say that? Keep in mind that I'm not saying
               | the US government has no influence, but it isn't anywhere
               | close to what the situation in China is.
        
               | [deleted]
        
               | fortuna86 wrote:
               | I think he's changing the subject to what he wants to
               | discuss, what he thought this conversation was about the
               | whole time.
               | 
               | Happens a lot in online discussions.
        
               | throw10920 wrote:
               | The US government does _not_ either possess or exercise
               | the power over US companies to coerce them to steal IP
               | from other countries (or companies thereof), which is the
               | issue under discussion (despite attempts to redirect it).
               | Neither NSLs nor Jigsaw give them that power. These are
               | facts.
        
               | pphysch wrote:
               | Characterizing a Ctrl-C Ctrl-V of a publicly available,
               | open-source codebase as _government-coerced theft_ is
               | hilariously overdramatic.
        
           | Lhiw wrote:
           | If you think the CCP doesn't have a hand in every major
           | company or export you're naive.
        
         | dang wrote:
         | " _Eschew flamebait. Avoid unrelated controversies and generic
         | tangents._ "
         | 
         | https://news.ycombinator.com/newsguidelines.html
        
           | pshushereba wrote:
           | My comment doesn't meet any of this criteria. The original
           | article was about a Chinese company's unauthorized fork of
           | OBS. It's semantics whether or not you consider an
           | "unauthorized fork" as stealing, but I certainly do.
           | 
           | So it's neither unrelated or a generic tangent, as it relates
           | to intellectual property theft. It's beyond question both
           | that China as a country is known for stealing intellectual
           | property, and that Chinese companies work closely with the
           | CCP.
           | 
           | In the introduction of The Wires Of War by Jacob Helberg, he
           | cites a statistic that estimates that "Chinese theft of
           | intellectual property costs Americans anywhere from $225
           | billion to $600 Billion every year..."
        
         | c0balt wrote:
         | Not like US companies would be any better. They usually just
         | take more care of hiding it, cause you know, cause you know
         | lawsuits.
        
           | adventured wrote:
           | US (and European) companies are typically a lot better about
           | it, precisely because they fear lawsuits, they fear the
           | consequences.
           | 
           | China and its large companies don't fear lawsuits the way US
           | corporations do. That's how Jack Ma was able to steal Alipay
           | from Yahoo shareholders and laugh all the way to the bank,
           | there were no consequences to worry about. It's why Yahoo
           | capitulated in dealing with Alibaba as a major shareholder,
           | they knew the end result would have been their ownership
           | stake could just be zero'd out at any time. That's why China
           | can arbitrarily point at Didi and tell them to delist,
           | regardless of what it does to foreign shareholders - there's
           | nothing to worry about, there will be no meaningful
           | consequences.
           | 
           | You can't get at them domestically if they don't want you to,
           | because they're a nation that operates by the shielded,
           | arbitrary dictate of the CCP rather than laws, and nearly
           | everyone is afraid of their retaliation (including the
           | richest corporations in the world like Apple).
           | 
           | Nobody much fears the US will retaliate the way China does.
           | That's why the EU has been pounding US tech companies with
           | mega fines, and wouldn't dare behave that way toward China.
           | It's why the green virtue signalers are so very scared to
           | publicly lambast China, and they'll harangue the US and EU
           | all day. It's why the NBA will intentionally ignore any and
           | all atrocities of China (they're intensely terrified to utter
           | even the slightest of negative words toward China), yet they
           | have almost zero fear of jabbing the US 24/7 - it's because
           | for the most part nobody is afraid of the US.
        
             | throwaway473825 wrote:
             | The Swedish bank oligopoly once illegally used Moxie
             | Marlinespike's GPL code in their closed-source app:
             | https://mobile.twitter.com/moxie/status/530252445725642752
             | 
             | They even refused to get in touch. Why would they when they
             | have most Swedish political parties in their pocket? And
             | that's in one of the world's least corrupt countries.
        
               | gunapologist99 wrote:
               | > Why would they when they have most Swedish political
               | parties in their pocket? And that's in one of the world's
               | least corrupt countries.
               | 
               | Political parties in your pocket literally defines
               | political corruption.
        
         | 0xdeadb00f wrote:
         | I don't think this is unique to China lol. Organisations around
         | the globe steal IP all the time.
        
           | ironmagma wrote:
           | Until they get caught.
        
             | randomluck040 wrote:
             | It won't change if it's not prosecuted.
        
               | dylan604 wrote:
               | In what court that protects IP and has jurisdiction in
               | China would one file that lawsuit?
        
               | randomluck040 wrote:
               | Good point and as expected, I have no idea. The question
               | is if I have to file the lawsuit in China. My knowledge
               | of law goes towards zero so I can't even ,,armchair
               | lawyer" it. However, the question would be if it was
               | possible to file the lawsuit in a country where TikTok
               | has a headquarter.
        
           | [deleted]
        
           | symlinkk wrote:
           | It happens a lot more in China though
        
           | [deleted]
        
           | KoftaBob wrote:
           | It's not unique to China, but it's particularly prolific in
           | China. One of the major reasons for the US tariffs against
           | China was pressure for them to actually respect IP.
        
             | pphysch wrote:
             | That is the official story. Obviously, though, it's really
             | about kneecapping PRC's rapidly growing high-tech
             | industries and "containing China's rise".
        
         | jetsetgo wrote:
         | Like American companies leeching off immigrants is any
         | different
        
       | [deleted]
        
       | a2tech wrote:
       | Well not illegal. It looks like they need to acknowledge and
       | include the OBS license.
        
         | 1_player wrote:
         | Not only the license, the source code as well. The GPLv2
         | license exists for a reason.
         | 
         | """
         | 
         | These restrictions translate to certain responsibilities for
         | you if you distribute copies of the software, or if you modify
         | it.
         | 
         | For example, if you distribute copies of such a program,
         | whether gratis or for a fee, you must give the recipients all
         | the rights that you have. You must make sure that they, too,
         | receive or can get the source code. And you must show them
         | these terms so they know their rights.
         | 
         | """
         | 
         | https://github.com/obsproject/obs-studio/blob/master/COPYING
        
         | NeutronStar wrote:
         | Illegal until then.
        
         | [deleted]
        
         | Rygian wrote:
         | If they are not already acknowledging and including the OBS
         | license, then it's already in breach of the license (ie.
         | "illegal" in the informal sense that you used).
        
           | [deleted]
        
       | h2odragon wrote:
       | So will all those outlets that had "Trump's social network is
       | violating the GPL" stories be jumping on this with equal fervor?
       | Considering they didn't cover the _compliance_ with the GPL that
       | "truth social" (awful name) did, I think we can safely assume
       | they won't.
       | 
       | That said, TikTok using and backing OBS makes perfect sense, the
       | terms of the license aren't onerous and everybody benefits. "Open
       | source works like its supposed to" isn't a eyeball grabbing
       | headline tho.
        
       | mrweasel wrote:
       | Are they technically obligated to provide the source code online,
       | or could they just say: "Well it's available on request, and no
       | one has done so"? The just mail out a USB stick or DVD to anyone
       | who asks?
       | 
       | I believe that's with in the limits of the GPLv2.
        
         | throwhauser wrote:
         | Sure but then couldn't whoever receives the USB or DVD post the
         | source code someplace more convenient? I'm not sure what that
         | "workaround" would accomplish.
        
           | tialaramex wrote:
           | It's much worse for them actually. They're obliged to offer
           | this for _no more_ than the cost, unlike a typical  "cost
           | plus" basis on which they could profit even minimally - and
           | yet they're also obliged to fulfill _all_ orders from
           | _anybody_. The offer isn 't valid only for whoever you gave
           | binaries to, it's an offer to _any third party_ that 's what
           | the requirement says.
           | 
           | In the CD era, it _might_ have made sense to go with written
           | offer if the source is far larger than the binary you ship
           | (e.g you ship a 500MB game on CD, but the source would be
           | 1400MB so that 's like 3 CDs, ugh) and you're happy to
           | periodically pay the office intern to burn some source CDs
           | and post them off for the inquisitive customer who asked for
           | them.
           | 
           | In the Internet era it definitely doesn't make sense. Just
           | pop a link to the source next to the binaries and don't sweat
           | it.
           | 
           | Unless, of course, you have no intention of complying anyway.
        
           | r1ch wrote:
           | It's designed to discourage people from exercising their GPL
           | rights. If they push code every day and the only way to get
           | the most updated code is to pay for a CD to be mailed to you,
           | it becomes quite tiring to keep an up to date online copy.
        
         | dodgepong wrote:
         | GPLv2 requires you to either distribute the source with the
         | binaries, or provide the recipient information on how to obtain
         | the source code. It also states that providing a link to the
         | source code next to the binary download on your website is
         | sufficient. See GPLv2 section 3 for more details.
         | 
         | TikTok have not provided a link to its source code, not are
         | there instructions on their site or within the download package
         | indicating where users can obtain the source code. Therefore,
         | it's a violation.
        
         | Karunamon wrote:
         | Yep. "available on request" is perfectly allowed, there's no
         | requirement that it be on a publicly available webpage.
        
           | teddyh wrote:
           | No, the offer of source code must be _explicit_ , not just
           | available if anyone happens to ask.
        
         | r1ch wrote:
         | The binaries must be accompanied with an offer of the source
         | code. There is no mention of source code anywhere during the
         | download, install or execution of TikTok Studio, nor any offer
         | inside the application folder or similar.
        
           | mrweasel wrote:
           | That makes sense, they need to let people know how to obtain
           | the source code.
        
       | paxys wrote:
       | Not strictly enforcing license terms only deteriorates the
       | standing of the license. A tweet or blog post is fine, but unless
       | someone is willing to take TikTok to court over this the takeaway
       | is clear - violate GPL if you want and nothing will come out of
       | it.
        
         | xwdv wrote:
         | This is exactly how licenses work. If there isn't some entity
         | willing to take people to court for instances in which the
         | license is violated, it will have no teeth and people will
         | steal and use licensed code with glee.
        
       | dvt wrote:
       | How can you be so inept that you're literally stealing software,
       | but are too incompetent to properly obfuscate it?
        
         | entropie wrote:
         | Right? They are not even trying.
         | 
         | Probably there is also a little spike in the logs of
         | obsproject.org which could lead to some investigation.
        
         | 1_player wrote:
         | Thieves are known not to be smart. If you're smart enough,
         | you'll know that stealing probably isn't worth it.
        
       | EGreg wrote:
       | Some people on HN make fun of "code is law", but in this the "law
       | about code" is hardly enforceable internationally. Putting the
       | snark aside - let's at the broader picture !
       | 
       | Web disrupted journalism, cable, tv, radio, magazines, newspapers
       | and made it permissionless across geographic boundaries
       | 
       | Smart contracts can do the same for finance, voting, banking,
       | legal enforcement and more
       | 
       | The question here is, can we enforce copyright without the threat
       | of force (like SWAT teams taking down a grandma or Kim DotCom)
       | 
       | And do we need artificial scarcity at all, as seems to be the
       | case now with NFTs and metaverse?
       | 
       | These are major topics andI can't do them justice in a small text
       | comment. For whoever is interested, explored these topics and
       | Internet economics in our recent episode of the Intercoin Show:
       | 
       | https://m.youtube.com/watch?v=72kaDtfuIG4
       | 
       | If you don't want to have scarcity for digital content but still
       | want to get paid at scale, here is another approach that is
       | completely web based: https://qbix.com/token
       | 
       | Ignore the token part and look at the iframes part. Would love
       | feedback:
        
       | vmception wrote:
       | "Right click and save as" jokes not looking so funny anymore?
        
         | [deleted]
        
       | PragmaticPulp wrote:
       | The original Tweet (embedded one from HunterAP) says TikTok
       | installs OBS and uses it in the background with a TikTok front-
       | end. It doesn't say that they've illegally forked it.
       | 
       | EDIT: See comments from OBS developer below for a more clear
       | explanation of the issues than the linked Tweet
        
         | platz wrote:
         | the developer installs obs and copies its dlls into a new app,
         | not the user.
        
         | yorwba wrote:
         | > The original Tweet (embedded one from HunterAP) says TikTok
         | installs OBS and uses it in the background with a TikTok front-
         | end. It doesn't say that they've illegally forked it.
         | 
         | It does say "illegal fork" below HunterAP's username and above
         | the screenshot.
        
         | r1ch wrote:
         | OBS developer here. It doesn't "install OBS in the background".
         | They ship several executables as part of their software that
         | contain code derived from OBS and there is no offer of source
         | code. They're currently in violation of the GPL, but per our
         | GPL Cooperation Commitment we are trying to work this out with
         | them privately.
        
           | PragmaticPulp wrote:
           | Thanks for the clarification.
           | 
           | Is there anywhere where this is written up more clearly? Even
           | on Twitter? Would be good to circulate a more clear
           | explanation of what's going on.
        
             | r1ch wrote:
             | Not at the moment, we're trying to resolve it in private.
             | Similar to how the Streamlabs situation unfolded, we don't
             | want to "go public" until all other options have been
             | exhausted, though it's looking like this choice may be out
             | of our hands.
        
       | gunapologist99 wrote:
       | The use of the word "illegal" seems problematic if this is a
       | contractual dispute over (GPL) license terms. No one _seems_ to
       | be claiming that TikTok actually committed a criminal act
       | (although, perhaps they did, if this was intentional as it
       | appears, and TikTok is engaging in criminal-levels of
       | distribution. Not a lawyer, so just speculating here.)
       | 
       | It probably would have been better if the OP had said "violated
       | the license agreement".
       | 
       | Still, many other companies have eventually caved under GPL
       | lawsuits, but apparently none in China; probably because it's
       | virtually impossible as a foreigner to win a tort case against a
       | Chinese company.
       | 
       | https://wiki.fsfe.org/Migrated/GPL%20Enforcement%20Cases
        
         | dragonwriter wrote:
         | > The use of the word "illegal" seems problematic if this is a
         | contractual dispute over (GPL) license terms
         | 
         | No, it's not.
         | 
         | > No one seems to be claiming that TikTok actually committed a
         | criminal act
         | 
         | "Criminal" is not the same as "illegal", the latter includes
         | any violation of law whether or not it is criminal.
        
           | gunapologist99 wrote:
           | This definitely looks like egregious and apparently
           | intentional infringement, but violating the GPL is not
           | violating a law in most countries; it's violating a license
           | agreement. Contracts are not law. Therefore, violating the
           | GPL by itself probably isn't illegal (but it could probably
           | become illegal if other statutes, like CFAA or RICO were
           | brought into play.)
           | 
           | If I violate deed restrictions on my property by building a
           | shed, then that wouldn't be _illegal_ per se; it 'd simply be
           | a breach of contract and the _private_ organization could sue
           | me for redress.
           | 
           | But, if I built that same shed in the middle of a public
           | street, then that might be illegal and the city might have me
           | arrested and prosecuted.
        
             | dragonwriter wrote:
             | > This is not violating a law; it's violating a license
             | agreement. Contracts are not law.
             | 
             |  _Following_ legally-valid contracts outside of any
             | legally-valid excuse is law, which is why breach of
             | contract is a cognizable legal cause of action.
        
             | yjftsjthsd-h wrote:
             | > This definitely looks like egregious and apparently
             | intentional infringement, but violating the GPL is not
             | violating a law in most countries; it's violating a license
             | agreement.
             | 
             | If they're not following the license, then aren't they
             | breaking copyright laws?
        
         | nnvvhh wrote:
         | Not complying with an open source license can be enforced as
         | copyright infringement rather than a contractual dispute.
        
           | gunapologist99 wrote:
           | Please cite an example. Most countries' copyright law tips
           | civil license agreement disputes back into the civil courts,
           | not criminal, with relatively few exceptions.
        
             | vineyardmike wrote:
             | > The court disagreed that Neo4j granted a naked trademark
             | license, pointing out that the open source licenses granted
             | to third-parties on the open source software repository
             | were copyright licenses, not trademark licenses. Users of
             | the open source version of the software did not have any
             | right to use the Neo4j trademark without a separate
             | trademark agreement. Naked licensing does not occur where
             | there is no trademark license.
             | 
             | Neo4j used GPL by the way.
             | 
             | https://www.finnegan.com/en/insights/articles/open-source-
             | so...
        
       | throwawayay02 wrote:
       | > OBS is free for anyone to use, for any reason. Other developers
       | can use the OBS code in their own projects as long as they obey
       | the guidelines set forth in the GPLv2 license. OBS has no
       | watermarks or other limitations and can be used commercially with
       | no restrictions.
       | 
       | So I guess there's nothing wrong with that.
        
         | dtech wrote:
         | It depends on how they integrated. GPLv2 requires that TikTok's
         | version is either GPL-compatible itself (I doubt it), or they
         | use OBS as an external program.
         | 
         |  _edit_ This comment [1] claims GPL code is compiled into their
         | non-GPL program, which is a huge no-no
         | 
         | [1] https://news.ycombinator.com/item?id=29592556
        
         | jmcs wrote:
         | It would depend if Tiktok Editor is legally considered a
         | derivative application or not. If it is, then it's in breach of
         | GPLv2.
        
       | neyme wrote:
       | I've always wondered if these license are legally enforceable.
       | What if TikTok ignores the criticism and does nothing. Do the
       | developers sue the company and will they get any money?
        
         | vineyardmike wrote:
         | They could try to get money but they could also try to get a
         | cease and desist order to compel them to stop if they don't
         | even post suit. Not sure if that means violating is criminal or
         | anything but means you're ignoring a court order which is a big
         | no-no legally.
        
       | [deleted]
        
       | nunez wrote:
       | Damn two big names stealing from OBS in one year! It is great
       | software, though; I can see why companies would go that route.
        
       | Vinnl wrote:
       | I think it's useful for developers to have a rough mental model
       | of how open source licensing works, as it's not that complicated
       | yet affects what you can legally do, both as a user of open
       | source software as well as as a contributor.
       | 
       | Coincidentally I recently did a Twitter thread on it, in case
       | anyone's interested. I know not everyone like the medium, but at
       | least it's also posted on Mastodon, so there's that:
       | https://fosstodon.org/@VincentTunru/107382356640669971
        
         | nick__m wrote:
         | There is less correct but funnier comparison. It's a cartoon
         | comparing the various licences as if they were a dad:
         | http://www.wtfpl.net/wp-content/uploads/2012/12/wtfpl-strip....
         | 
         | TikTok probably tought that OBS was licensed under the WTFPL ;)
        
       | Buttons840 wrote:
       | Could GPL include a clause such that, when abused like this, the
       | code of the offending app would become GPL code as well?
       | 
       | Imagine people start "stealing" TikTok code, TikToc sues, and now
       | the defendant has their day in court to defend the GPL, at
       | TikToks expense.
        
       | lucasyvas wrote:
       | In almost all cases, TikTok's offering would be considered a
       | derived work because you cannot swap out the OBS part for another
       | and still have it work. So they are likely in full violation
       | unless they agree to open source all their code.
       | 
       | Seems like a pretty open and shut case to be honest - that is, if
       | they intend to pursue legal action and the powers that be rule
       | appropriately.
        
         | _fat_santa wrote:
         | Like others have said though, any derivative works of OBS must
         | also contain the same GPL License. It was pointed out in that
         | thread that Reddit also forked OBS for their live steaming but
         | they didn't get into hot water because they followed the rules
         | and open sourced their software like the License required them
         | to.
        
         | dathinab wrote:
         | Given that it only affects a beta client they could:
         | 
         | - pay damage for the violation the the client, given that's
         | only beta that would likely not amount to much
         | 
         | - and stop the beta program, while replacing their OBS
         | dependency with something completely different.
        
         | thebean11 wrote:
         | I'm out of my depth here, but what makes you say they can't
         | swap out the OBS part for something else? Do you mean they
         | can't swap it without modifying the rest of the code, or can't
         | swap it at all?
        
           | randomNumber7 wrote:
           | If they swap it out, they have to build code which does
           | exactly the same/ has the same interface. It can still be
           | considered a "derived" work. I'm not a lawyer but that was
           | what op meant.
        
             | thebean11 wrote:
             | I'm not sure, that sounds a lot like the Oracle v Google
             | argument on whether an API is copyrightable.
        
             | onphonenow wrote:
             | To hell with this open source stuff then, the STUPID idea
             | that these interfaces are copyrightable is total garbage.
             | 
             | That said, we should be able so sue open source developers
             | - a fair bit of open source is reverse engineering
             | interfaces (drivers, ACAPI, power management and more). If
             | this violates the copyright of the underlying proprietary
             | firmware - bring on the lawsuits!
        
       | ShrigmaMale wrote:
       | Chinas whole economy is built on illegal copying, who is
       | surprised? Not me.
        
       | zfxfr wrote:
       | So concretely what are the risks they encours ?
        
       | markus_zhang wrote:
       | Open source software license should include a clause saying that
       | it is mandatory for commercial users to pay a certain amount of
       | contribution annually, let's say 0.01% of gross revenue?
       | 
       | So if they find it too expensively they can simply turn away and
       | build their own, which is good for whoever get the chance to do
       | some lower level programming, and if they find it OK the open
       | source authors/maintainers can get some good money. It's a win-
       | win. Of course this might request open source authors/maintainers
       | to form a more rigid organization (how to share the profit).
        
         | ghaff wrote:
         | Then it's not an open source software license.
        
           | 29083011397778 wrote:
           | I suspect you're conflating Free, Libre, and Open-Source
           | Software. The first can be free (as in beer), the second free
           | (as in you can do whatever you please with it), and the last
           | is that the source is publicly available.
           | 
           | GP's proposition would be Open-Source, but not FLOSS IIUC
        
             | andrewshadura wrote:
             | You are mistaken. All three terms have the same meaning.
        
             | ghaff wrote:
             | In general people use the open source definition and the
             | licenses approved by the OSI as what defines open source.
             | These don't allow you to discriminate based on usage, such
             | as commercial use. (If you own the copyrights, you can dual
             | license under both an open source and a non-open source
             | license of course.)
             | 
             | "Source available" or "shared source" licenses are not
             | generally considered open source.
        
             | andrewshadura wrote:
             | Open source software is a name for free software which was
             | intended to make it sound less ideologically loaded. Libre
             | software, on the other hand, is a name for free software
             | intended to make it less ambiguous while preserving
             | ideology. Anyone who claims otherwise is either: a) trying
             | to be an ideological purist fighting with those not
             | following their ideology to the maximum, or b) trying to
             | mislead you to try and devalue the terms, or has been
             | misled by (a) or (b).
        
               | ghaff wrote:
               | The impetus for the term was supposedly that people kept
               | being confused the distinction between free as in beer
               | and free as in freedom/libre. However, to your point, one
               | suspects that some prominent people like Tim O'Reilly
               | latched onto "open source" as a less ideologically-
               | aligned term.
        
         | VWWHFSfQ wrote:
         | the goal of free software is _freedom_.
         | 
         | money has nothing to do with any of it.
        
           | markus_zhang wrote:
           | You can have both IMHO.
        
             | VWWHFSfQ wrote:
             | sure but they're not compelled by the license itself. They
             | are compelled to pay for the software in the form of hiring
             | developers to work on it, donating to the foundation behind
             | it, etc. Companies like Red Hat have done this very
             | successfully for a long time because they prefer to keep
             | the supply chain feeding the lifeblood of their enterprise
             | healthy.
        
               | markus_zhang wrote:
               | Maybe a dual license then?
        
       | alkonaut wrote:
       | Is it clear whether it's a "fork" (i.e. the entirety or a
       | significant portion of the code is used in the derivative work),
       | or whether they just found some utility snippet in an open source
       | project and forgot to wash it?
       | 
       | Also isn't TikTok Chinese?
        
       | oliwarner wrote:
       | It's concerning how many self-labelled software engineers on
       | Twitter are chipping in with comments like "it's open source so
       | it's fair game" or "they just need to add attribution".
        
         | koonsolo wrote:
         | Maybe it's a generational thing. In the olden days, Open Source
         | was basically GPL. But nowadays, Open Source is basically BSD.
         | 
         | So I get it that all the npm developers don't really consider
         | that some licenses might be restrictive.
        
         | yumraj wrote:
         | Probably they are employed at companies who are themselves
         | violating GPL and have seen this being done there.
        
           | delusional wrote:
           | How do you think companies end up violating GPL. Maybe
           | sometimes it's a heartless executive, but a lot of enterprise
           | software devs are completely unconcerned with licenses. If
           | they can get their hands on it, the license doesn't matter.
        
             | tombert wrote:
             | I think a lot of software engineers nowadays write server
             | software, where they can often be somewhat allowed to be
             | unconcerned with licenses [1], since the actual binary
             | produced from the code lives on the server, and is
             | typically not distributed outside the company.
             | 
             | As a result of this, I think there's this mass
             | misunderstanding of how licenses work in the software
             | engineering field.
             | 
             | [1] With the exception of AGPL if I understand correctly.
        
               | LambdaTrain wrote:
               | A lot of companies do not hire software engineers to
               | implement the system; instead, they contract it to third
               | party (tech service companies such as Cognizant). I think
               | some sort of auditing is done at the delivery, if they
               | concern about the license. But in the context of Java web
               | app, the enterprise software is usually built on
               | dependencies under APA, so it should be of less concern
        
             | jermaustin1 wrote:
             | I had a senior dev at a past job who did this constantly.
             | And when it was found out how much he actually stole, our
             | entire team was laid off and replaced by the company that
             | did the audit.
             | 
             | He just refused to believe that software licenses were
             | real. That and I dont think he could actually code anything
             | from scratch without stealing large swaths of code from
             | open source repositories.
        
               | midasuni wrote:
               | He can believe the GPL isn't real all he wants. In that
               | case how did he justify breaching copyright law?
        
               | trulyme wrote:
               | > I had a "senior" dev...
               | 
               | Ftfy.
        
               | jermaustin1 wrote:
               | His resume seemed to back up his claim. Not sure if it
               | was real, though. HR called every one of my past
               | employers and my references, so I figured they would have
               | followed up on his, too.
        
               | trulyme wrote:
               | Yes, I know the type - I have met a few of "senior" devs
               | that were anything but. I can imagine their past employer
               | didn't even know their true worth, or lack of. Sorry you
               | had that experience.
        
               | vkat wrote:
               | Copy/paste without attribution to license or permission
               | is more blatant.
        
               | jermaustin1 wrote:
               | Organizationally he was given free reign to do whatever
               | he wanted, and that lead to the entire teams downfall. He
               | canceled code reviews... for himself. Well, he actually
               | stated, all code reviews go through him, thus he "code
               | reviewed" his own code. I remember he was once a few
               | weeks late on delivering a basic landing page, and when
               | it finally got to QA at 9pm on a Friday, our entire team
               | was forced to work the weekend and QA gave me a TFS
               | export of more than 200 defects I had to fix because he
               | was unreachable. Needless to say, our entire team was
               | upset we all got laid off, but also relieved because we
               | all ended up in better jobs. At least everyone I've
               | talked to, which is everyone but him, as he has never
               | responded to a single text message or email since he quit
               | after the layoff (he refused severance, and just walked
               | out), all his socials went off line, and any record of
               | his name has disappeared from the internet. I'm fairly
               | certain he was a conman, but I have no way of finding
               | out.
        
               | voakbasda wrote:
               | Maybe hired by a competitor to tank the company
               | intentionally? I would not put it past many big companies
               | to do something like that.
        
               | ihaveajob wrote:
               | That takes some skill. I was almost duped like that by
               | someone we nearly hired for a sales position, which is
               | much easier to fake for a few months, especially working
               | remote.
        
             | vkat wrote:
             | In all the enterprise companies I worked for we are drilled
             | with required learning and assessments which often include
             | training on software licenses. The aim of these training is
             | devs to keep an eye for license and defer to someone higher
             | up if in doubt. These processes are manual and catch only
             | so much.
             | 
             | In companies with mature software processes there is always
             | tooling that will block a release if it finds unacceptable
             | license. To me it looks like TikTok hasn't properly
             | invested in tooling and this somehow slipped.
        
               | 8ytecoder wrote:
               | Enterprises of even modest size take it very seriously.
               | They'll be juicy targets to go after. It's everything
               | between startups to midsize companies where this is not
               | clearly defined. Just ask the VCs who do due diligence.
               | Almost everyone of them will audit your licenses before
               | they invest. One of the things they ask for is the list
               | of libraries you use and their licenses.
        
               | fhfhrhfjfjfhfh wrote:
               | Helo Eros sacke
        
               | rectang wrote:
               | As a open-source-license expert dev, in the past I've
               | been able to offer a lot of value to my employer by
               | assembling that list in such a way that the buyer could
               | have high confidence in our audit of dependencies.
               | 
               | This doesn't protect anybody against illegal copy-pasta
               | by ignorant/irresponsible devs, though.
        
             | bahmboo wrote:
             | We couldn't ship software until we cleared every bit of
             | code flagged by a tool that scanned our code for open
             | source. Most of the hits were for projects with a safe
             | license and there were many false positives but all in all
             | it was a great step in our static code analysis. I find it
             | astonishing that a company of any size would skip this
             | step.
        
               | BlueTemplar wrote:
               | Well, TikTok is a Chinese company, so it seems safe to
               | assume that it's just part of the culture ?
        
         | criddell wrote:
         | It might not be like this everywhere, but in the US all
         | software engineers are self-labelled. It's not like medical
         | doctor (MD) or professional engineer (PE) where the title
         | actually implies some license to practice.
        
           | oliwarner wrote:
           | But you can be considered a software engineer by your peers,
           | usually demonstrated through qualification and professional
           | experience.
           | 
           | The differentiation I was trying to draw with those two words
           | is: I don't know if they're actually working software
           | developers or people who just hack on code in their free
           | time. If they're professional devs, that's obviously much
           | worse.
           | 
           | Honestly, not the part of that I was expecting to have to
           | discuss.
        
           | PragmaticPulp wrote:
           | Common misconception, but Software Engineer is actually a
           | licensed profession in many states (with vague industry
           | exemptions): https://en.wikipedia.org/wiki/Software_engineeri
           | ng_professio...
           | 
           | But virtually nobody does it. The NCEES even abandoned their
           | Software Engineer licensing exam a few years ago because
           | nobody was taking it.
        
             | hhh wrote:
             | Lightly glancing it seems like there are hard requirements
             | for a college education for some of these. That's a hard-
             | stop for many (including myself.)
        
               | dnautics wrote:
               | yeah, that's fine. You should call yourself a software
               | developer (or, as I call myself, a software plumber). An
               | software engineer, minimally IMO, is someone who can 1)
               | produce a software BOM, and 2) can craft an SLA. I can
               | _maybe_ do 1, and can 't do 2. So, I don't call myself a
               | software engineer.
        
               | tata71 wrote:
               | Even if you had a degree, working in this field should
               | teach you it's not a requirement.
        
               | voakbasda wrote:
               | This does not deserve to be downvoted. A degree is
               | secondary to actual talent. Too many students in my
               | graduating class were undeserving of their degree, and
               | plenty of folks can do the job without it.
        
             | criddell wrote:
             | > Software Engineer is actually a licensed profession in
             | many states
             | 
             | Last time I looked, I couldn't find any. Some states tried
             | for a while, but I think they all gave up.
        
             | 88j88 wrote:
             | Looks like they stopped offering exam to license people:
             | https://www.nspe.org/resources/pe-magazine/may-2018/ncees-
             | en...
        
             | anthk wrote:
             | In Europe being an engineer has civil accountability on
             | issues.
             | 
             | You can be fined really high if you hire a self-called
             | engineer without a proper degree. Or at least decades of
             | alleged experience in the field.
        
               | k12sosse wrote:
               | Especially without the accountability. Call yourself a
               | software engineer? Did your code break? Is it vulnerable
               | to exploits? What was the damage? Did you ship it knowing
               | it was not fit for public usage? Congratulations! you're
               | no longer allowed to program for a living and the state
               | is suing you and your employer for damages.
        
               | saghm wrote:
               | I think part of the problem is that compared to more
               | traditional forms of engineering, software engineering is
               | still really young and not as rigorous. Right now,
               | _nobody_ can write code without any bugs it in
               | whatsoever. If we banned people who wrote buggy code,
               | pretty soon we'd have no software engineers left.
               | Regardless of whether you think that's a good idea, it
               | seems pretty clear that at the very least there is a lot
               | of demand for programmers, so it's unlikely the industry
               | would get behind limiting that further in such a drastic
               | way.
        
               | pjmlp wrote:
               | The issue is not banning, rather lack of liability.
               | 
               | Even the cook at the bistro on the corner is liable if
               | the food, cleaning or refrigeration isn't as it is
               | supposed to be
        
               | criddell wrote:
               | > If we banned people who wrote buggy code
               | 
               | That's not the standard for any kind of engineering.
               | Professional Engineers make errors all the time. But they
               | also design systems with fail safes, redundancies, safety
               | factors, etc... You design systems with the expectation
               | that failures will happen. Users will do stupid things.
               | Highly improbably sequences will probably happen.
               | 
               | Not all code needs to be designed so carefully. Nobody
               | cares if Hacker News is offline for a few hours. But the
               | software systems in self driving cars or running an MRI
               | machine probably should be designed by licensed
               | professionals who can stand up to their bosses and say
               | "this can't ship until these improvements are made"
               | because if it does ship, they can be personally sued for
               | malpractice and lose their license.
        
               | G3rn0ti wrote:
               | Well, yes, this applies to engineering. But not to
               | software engineering.
               | 
               | Personally, I like ,,software engineering" as it is --
               | being a free profession where talent counts more than a
               | degree.
        
               | mcguire wrote:
               | What's talent got to do with it?
        
               | winphone1974 wrote:
               | The degree is part of the training of an engineer, not
               | the professional designation itself. The challenge with
               | our current understanding of the title software engineer
               | is that practitioners are not held to the same standards
               | and responsibilities as other engineering fields. It
               | doesn't have anything to do with talent.
        
               | mcguire wrote:
               | * not held to any standards and responsibilites.
               | 
               | FTFY.
               | 
               | Cynically, Me.
        
               | paxys wrote:
               | You can only be held to some standards if there exist a
               | common set of standards that the entire industry can
               | agree on. This is impossible for software.
        
               | pjmlp wrote:
               | It surely does, e.g. in Portugal you can't even name a
               | Software Engineering degree without approval from the
               | Order.
               | 
               | You are not required to do the exam, provided there is no
               | civil liability or signing projects as the legally
               | responsible Software/Informatics Engineering.
        
               | anthk wrote:
               | >Well, yes, this applies to engineering. But not to
               | software engineering.
               | 
               | Good luck with that here.
        
               | criddell wrote:
               | > talent counts more than a degree
               | 
               | Are you saying for MD or PE that talent doesn't matter?
               | 
               | Anybody can say they are a software engineer. The title
               | means nothing.
        
               | ipaddr wrote:
               | Yes. A degree matters much more than talent. If you can
               | get a degree you can practice. The most talented person
               | in the world with no degree can't.
               | 
               | Some people go to places where their low talent but high
               | cash flow allows them to get a license.
        
               | mcguire wrote:
               | Oddly enough, I don't think I'd care to visit a medical
               | professional whose sole virtue was talent. I'd kinda
               | prefer some knowledge and skill, too.
        
               | criddell wrote:
               | Okay, so for an MD a degree is necessary that's true. But
               | an MD with a degree and no talent probably won't be an MD
               | for long.
               | 
               | MD at least means something. "Software engineer" means
               | nothing.
        
               | adamsb6 wrote:
               | There are a lot of incurious paint-by-numbers doctors in
               | the US. Doing your job by rote won't get you fired.
        
               | ipaddr wrote:
               | Once you are an MD unless you challenge powerful forces
               | in your association or hospital you are free to practice
               | bad medicine as long as you can stay within some
               | reasonable guidelines around billing and when to order
               | tests. This gets exposed with surgery but is a lot easier
               | with a GI doctor.
               | 
               | They both mean something. You have to dive in to get the
               | real scope regardless. If you just need a title for your
               | commerical MD would carry more weight around diet
               | products and a developer around a new software offering.
        
           | mmcgaha wrote:
           | It has been many years since After The Gold Rush was
           | published and we are no closer today than we were then. At
           | some point software engineering will be a real profession but
           | I doubt anyone will take action before some huge catastrophe
           | pushes the issue.
        
             | duped wrote:
             | I don't like the idea of gatekeeping, it's hard enough to
             | hire people.
             | 
             | In the US we don't really have licensing for engineers
             | (there is PE, but it's not anything close to ubiquitous). I
             | think it's one of the best parts of our engineering/tech
             | culture.
             | 
             | You're an engineer based on the skills you employ to solve
             | the problems you do, not because some body of people gave
             | you a slip of paper that says you can employ those skills
             | to solve those problems.
        
               | vineyardmike wrote:
               | In the US, PE has made it so the word "engineer" is
               | legally protected, like "doctor". No one enforces it for
               | software, so I wonder if it's even enforceable anymore.
               | But the law is there.
        
               | simplestats wrote:
               | In some fields of engineering PE is pretty nonexistent.
               | Some people come from other degrees (like math, physics)
               | and call themselves engineer without difficulty. But
               | engineering fields require a much more narrow and deep
               | set of skills. generally the key classes to learn those
               | skills come at the end of three or four years of
               | prerequisite classes, so it's a pretty high barrier to
               | starting without doing the degree.
               | 
               | In programming you can learn your way to advanced skills
               | while getting paid. Once you know roughly one class worth
               | of basics there's valuable contributions you can make, at
               | least if you are decent at figuring things out on a
               | computer.
        
               | voakbasda wrote:
               | Not enforceable. Or at least entirely winnable in court.
               | Such a victory happened recently in Oregon:
               | 
               | https://ij.org/press-release/oregon-engineer-wins-
               | traffic-li...
               | 
               | TL;DR: such restrictions violate your freedom of speech.
        
               | indymike wrote:
               | Hate using this preface, but, unpopular opinion follows:
               | The issue in the US is that the word engineer has been in
               | common use to describe technical workers for a very long
               | time. I've had friends who were:
               | 
               | * Engineers (and operated trains) * Manufacturing
               | Engineers (who were really equipment techs) * Sanitary
               | Engineers (who were really trash truck drivers) * UX
               | Engineers (who were really web designers) * Software
               | engineers (programmers) * Data Engineers (kind of dba-
               | ish, maybe) * Culinary Engineer (restaurant kitchen
               | designer)
               | 
               | Genericide has occurred. The boat sailed.
               | 
               | When the real estate industry wanted a word for "licensed
               | seller of property" they had to make up a new word
               | "Realtor" and protect that with a certification mark. The
               | engineering industry really needs to do the same thing
               | instead of harrassing the garbage truck driver, computer
               | programmers and the guy who fixes the conveyor belt.
        
               | clarge1120 wrote:
               | Gatekeeping in the software industry is a surefire way to
               | slow down innovation. Software would stop eating the
               | world, or only take a bite every couple of decades.
        
               | pjmlp wrote:
               | Sure because there is no innovation across the
               | engineering fields.
        
             | tiborsaas wrote:
             | > At some point software engineering will be a real
             | profession
             | 
             | I'm rooting for the same, finally we will earn like
             | management /s
        
             | criddell wrote:
             | I think you are right and it's too bad. There are some
             | fields that should have it.
             | 
             | For example, the software for self-driving cars should be
             | signed off by a licensed engineer before it is allowed to
             | go live. Many mechanical and electrical parts of the car
             | have been designed by licensed professionals, why not the
             | software?
        
               | dognotdog wrote:
               | One can verify and sign off on computations that
               | approximate the physics or chemistry that will occur in a
               | structure or machine, as a well established chain of
               | procedures exist to go from crude formulaic
               | approximations to micro or, if necessary, nano-scale
               | simulations of electrical, mechanical, and chemical
               | processes, and we know what to look for.
               | 
               | I don't think the same is true for software
               | "engineering," as it seems that all possible forms of
               | process can be subverted and cargo-culted, from agile
               | methods down to code checking. Certainly there is room to
               | remedy some shortcomings, but SWE definitely is the
               | engineering discipline least based in physical fact.
               | 
               | The physics behind simulating the buckling of a structure
               | is always the same, we can just choose more or less crude
               | approximations of it, but SWE in general seems a lot more
               | diverse. I can implement that simulation in assembly or
               | some scripting language, and attach various bits and
               | pieces to it to manage users and data; deploy it across
               | the cloud if need be. But, there isn't a singular, time-
               | invariant optimal path to achieving that, and what is
               | true today may not be true tomorrow. One can work off
               | basic principles, like the Agile Manifesto, but how can
               | you quantify or even certify this shifting landscape?
        
               | grandchild wrote:
               | Having studied both mechanical and software engineering
               | at uni, I feel that you _can_ make the parallel between
               | the two. It's just that in mechanical engineering we've
               | converged a lot more over time. Out of convention and
               | need for accountability much more than necessity. For
               | example, for mechanical calculations we have converged on
               | using mostly the same algebraic notation (never mind
               | having minor differences here and there, such as in
               | vector notation). Having an obscene amount of different
               | notations, some so different that they are for the most
               | part unintelligible to half the engineers out there, that
               | would be unthinkable in ME, but is the norm in SE.
               | 
               | The _physics_ of a buckling structure may be always the
               | same. But already the modelling techniques are far from
               | obvious consensus: Do you do it analytically? Do you use
               | FEM? BEM? Then there are a bunch of simulation
               | techniques, i.e. for numerical integration, which you
               | could use, much like you could use functional or
               | imperative programming or OOP or whatever else.
               | 
               | So if we were to behave more like the _software_ branch
               | of the engineering discipline in general, then we'd have
               | a _much_ tighter space of languages that would be at all
               | acceptable for any work deemed critical, like medical,
               | administrative or aeronautical software.
        
               | mirker wrote:
               | I agree you can make software rigorous like in ME. The
               | part which is hard is that debugging or proving
               | properties about a program is much more difficult than
               | writing the program. These costs are currently hard to
               | amortize over multiple projects. Real-time systems have
               | some of these facets (e.g., spacecraft).
               | 
               | For example, a memory allocator can be studied in the
               | usual algorithmic sense or perhaps how they impact the
               | stability of the system under randomized load. Can you
               | prove the system remains stable? Yeah. Is it worth it
               | when you can reboot machines and add some heuristics? No.
               | 
               | Currently, the big places which are getting any attention
               | for verification of functionality are embedded
               | applications and OS kernels. Even then, the depth of
               | verification is limited to common bug categories.
        
               | zardo wrote:
               | > Many mechanical and electrical parts of the car have
               | been designed by licensed professionals, why not the
               | software?
               | 
               | Maybe some companies have some internal requirement for
               | that, but generally speaking that's not true. Legal
               | requirements for review and approval by a PE only apply
               | to building drawings.
        
           | ipaddr wrote:
           | Engineer is a legal term in some place where a degree is
           | required in engineering.
           | 
           | The term developer doesn't require a license neither does CEO
           | or board member or president of the US.
        
           | [deleted]
        
         | 908B64B197 wrote:
         | I wish "software engineer" meant something.
         | 
         | There are CMU/MIT grads using the tittle alongside 3 month
         | bootcamp grads.
         | 
         | I also have to wonder, with the owners of Tik Tok really being
         | ByteDance (Zi Jie Tiao Dong ) if the dissrespect for IP really
         | isn't cultural.
        
           | paxys wrote:
           | The title isn't what's important, it's your skills and what
           | you can do with them. The MIT grad and 3 month bootcamp grad
           | both have the same opportunity to complete and prove
           | themselves, which is unique to the software field. Lack of
           | artificial barriers and gatekeeping is the very reason why
           | the industry is able to thrive.
        
         | dang wrote:
         | We detached this subthread from
         | https://news.ycombinator.com/item?id=29592556.
        
         | skeeter2020 wrote:
         | In many jurisidictions "Engineer" is a licensed and regulated
         | title, and their professional organizations have tried to
         | regulate it, but lost the war. We know have actual engineering
         | programs that focus on software and 6-week bootcamps graduating
         | people who claim to be "Software Engineers", so add it to the
         | list of appropriated words right next to "Geek".
        
           | lainga wrote:
           | The attitude on (mostly American) HN is against licensing
           | bodies, as far as I've seen in the past.
        
             | tata71 wrote:
             | If you saw, or were exposed to, how many thousands of
             | dollars and hundreds of hours it takes native professionals
             | to get licensed to do hair braiding or cutting, you'd be
             | disenfranchised, too.
        
               | lainga wrote:
               | Native professional like native-born American?
               | 
               | In my case I pay about 300 CAD a year to EGBC and have
               | not heard from my colleagues that getting a P.Eng in BC
               | is a significant time-sink. You have to have 4 years of
               | work experience, get your work certified, and then do a
               | couple exams. I would believe dozens of hours, but not
               | hundreds.
        
           | emaginniss wrote:
           | Right, "geek" should go back to the original definition: a
           | person who bites the head off of a chicken in a carnival
           | show.
        
             | mometsi wrote:
             | And he is a foole, a sotte, and a geke also,       Which
             | choseth a place vnto the same to go,       And where diuers
             | wayes lead thither directly       He choseth the worst and
             | most of ieopardie
             | 
             | https://www.otago.ac.nz/english-
             | linguistics/tudor/BarcEclogu...
        
         | mikeryan wrote:
         | So, I'm unclear on this if, and I don't know if this is true,
         | TikTok just creates a UI that "execs" commands to an unmodified
         | OBS executable cli - What is their actual responsibility here?
        
           | pavon wrote:
           | They are distributing the OBS executable, therefore they have
           | an obligation to also distribute the source to those same
           | people on request, and to let them know about their rights to
           | receive the source under the GPL.
           | 
           | If OBS really is running standalone, then that is the extent
           | of their responsibilities. If on the other-hand, OBS is being
           | combined with other software to create a derivative work,
           | then they must distribute the full source of that derivative
           | work as well. What constitutes a derivative work is more
           | complicated. It is ultimately a decision for courts, though
           | many folks (including FSF) have opinions on what should and
           | shouldn't be considered a derivative work.
        
         | viktorcode wrote:
         | Most likely that's the reason of OBS' code ending up in
         | TikTok's product. Some engineer disregarded the license with no
         | insidious intention to steal.
        
         | throwhauser wrote:
         | It's reminiscent of people adding "no copyright intended" (sic)
         | when posting other people's music online. It seems like
         | intuitions about copyright have been shifting, even if the law
         | hasn't.
        
           | JohnWhigham wrote:
           | No, it's that no one assumes the MIT License is the default
           | one that every open source project ever uses.
        
           | slantyyz wrote:
           | > It seems like intuitions about copyright have been
           | shifting, even if the law hasn't.
           | 
           | I think people actually know it's wrong and legally
           | questionable.
           | 
           | I believe they do it because they simply want to do it and in
           | the back of their minds, hope adding some bogus disclaimer
           | will let them get away with it... because other people seem
           | to be getting away with it.
        
             | HWR_14 wrote:
             | I think people think it's legally wrong but not morally
             | wrong, and so they add a bogus disclaimer hoping that they
             | can get away with it because other people have.
        
           | minimaxir wrote:
           | At the least, the internet eventually realized that "you must
           | delete your video game ROMs within 24 hours of obtaining
           | them" is not a valid legal stance.
        
             | ludamad wrote:
             | Oh that jogs forgotten memories.
        
               | codetrotter wrote:
               | Anyone remember that disclaimer some pirate websites used
               | to have where they said something starting with something
               | like "On October 28, 1998, President Clinton signed into
               | law the Digital Millennium Copyright Act", and the
               | disclaimer went on to mention some DMCA exceptions like
               | learning and teaching or something? Always gave me a
               | chuckle. As if saying that the DMCA does not apply for
               | you is enough to make it actually so.
        
         | SavantIdiot wrote:
         | There are subtleties not captured by this quick overview which
         | are not fully understood by (in my experience) the _vast_
         | majority of programmers:
         | 
         | https://choosealicense.com/licenses/
         | 
         | If your project is going to be "real" (e.g., not some personal
         | throwaway), you really need a lawyer if you are including
         | anything other than MIT. Even Apache can be problematic when it
         | comes to patenting.
        
           | gus_massa wrote:
           | What about BSD?
        
             | [deleted]
        
             | krylon wrote:
             | I am not a lawyer, but the (2-clause) BSD and MIT licenses
             | look nearly identical to me. The wording is slightly
             | different, but I think they express the same intent.
        
         | znpy wrote:
         | > self-labelled software engineers
         | 
         | are you implying there should be requirements to label yourself
         | as an engineer? like a degree in engineering ?
        
           | vineyardmike wrote:
           | This is already a thing in the US.
        
         | [deleted]
        
         | [deleted]
        
       | citizenpaul wrote:
       | TikTok is in China. There is no such thing as illegal forks
       | their. Half their economy is based on stealing IP and mass
       | producing it cheaply.
       | 
       | Any laws or legality is just lip service to shut up companies and
       | governments that complain.
        
         | leodriesch wrote:
         | The American operations of TikTok have to follow American law
         | and have to follow orders given by an American court.
         | 
         | They will then have to comply or leave the American market.
        
       | sergiotapia wrote:
       | Hope there is a multi-million dollar pay-off for OBS.
        
         | jaywalk wrote:
         | OBS is willing to work with TikTok to get them into compliance.
         | That would either mean open-sourcing the software or paying for
         | a license.
        
           | bilbo0s wrote:
           | At this point, it's not even clear to me that paying would
           | rectify the legal issue with respect to the GPL. It's an
           | amalgamation of source contributions over time. Any one
           | contributor could, in theory, refuse any consideration other
           | than an open sourcing of the software.
           | 
           | Of course, now I think about it, that could be an easy
           | problem to fix. They say every man has a number.
        
             | ghusbands wrote:
             | Almost all relicensing efforts are actually most hindered
             | by not being able to contact people. If you can't contact
             | someone who holds the copyright to something, you can't
             | change the licensing rights over it.
             | 
             | A lot of projects have copyright assignment, to allow for
             | relicensing. They typically ask for you to assign copyright
             | to them or to a company they control, so that they can
             | still relicense as they see fit, in future.
        
               | dodgepong wrote:
               | It's worth noting that if someone can't be contacted, the
               | maintainers aren't out of luck yet. If the contribution
               | is deleted (and then possibly reimplemented later by
               | someone with whom the project _is_ in contact) then the
               | issue is resolved. It can be a lot of work, though,
               | depending on the size and importance of the contribution,
               | and reimplementing the code in a way that doesn't derive
               | from the original submission can be difficult or
               | ambiguous.
        
           | SergeAx wrote:
           | Is there a way to buy oneself out of GPL license? I beleive
           | there's not.
        
             | kaetemi wrote:
             | Yea. Pay someone to write it from scratch.
             | 
             | Basically, it's practically (not ethically) fair game to
             | use GPL in commercial software, until someone catches you.
             | The only repercussion that the license provides is that
             | your license is revoked until you resolve the violation
             | (for the first violation).
             | 
             | Meanwhile, you got to release your product, and by the time
             | you got caught you've had enough time to implement it
             | yourself.
        
               | Vinnl wrote:
               | The authors of the software can create an additional
               | licence that they could buy. Of course, that gets more
               | difficult if there are many different, hard-to-contact
               | authors.
        
               | bragr wrote:
               | It's worth noting that this is why many commercially
               | minded projects require you assign copyright to them
               | before they'll accept your contributions.
        
               | vlovich123 wrote:
               | That's not the only repercussion. They can sue for
               | copyright infringement and there can be large fines.
        
               | johnebgd wrote:
               | Not a lawyer but seems like source projects would have a
               | hard time showing damages since they don't charge for the
               | software.
        
               | woodruffw wrote:
               | I don't believe you need to demonstrate specific damages
               | for a copyright infringement case in the US. You only
               | need to demonstrate two facts: that you are the
               | legitimate holder of the copyright, and that the other
               | party did in fact infringe.
        
               | VRay wrote:
               | It's pretty funny that corporations can levy a multi-
               | million dollar judgement against a single mother for
               | pirating a CD, but then when the tables are turned, it's
               | no big deal
        
               | vlovich123 wrote:
               | As others have said, penalties are not related to how
               | much you charge for the product itself. For example, when
               | you start illegally distributing music your penalty won't
               | be retail cost * number of copies. There's multipliers &
               | things that get applied. Basically your judge/jury will
               | figure out the damages amount after you're found guilty
               | (assuming you don't settle).
               | 
               | This also makes sense when you factor in that retaining
               | lawyer services to prosecute the infringement costs time
               | and money (not to mention the court's time & resources to
               | handle the case).
        
               | drran wrote:
               | Suppose, I'm an author of GPL software. I think that my
               | code costs $1M. I expected that if someone uses my
               | software, according to license, then he will release his
               | software under same license for me. Now, somebody used my
               | $1M project in his $100M project in violation of my GPL
               | license. My losses are $100M.
        
             | ashtonkem wrote:
             | You can legally dual license if you have ownership over all
             | the code in question. This is common for open source
             | industrial software; pay for a different license so you can
             | embed it in a closed source project. The GPL doesn't
             | restrict you from offering the same code with a different
             | license _if you own it_.
             | 
             | Often the issue is that some projects don't require
             | contributors to sign over copyright ownership as part of
             | contributing. So you have a project that's licensed
             | uniformly, but each contributor still owns their individual
             | contribution. Unwinding this after the fact can be a
             | nightmare, as it involves either finding every contributor
             | and asking them to sign over their code, or manually
             | removing every bit of code you don't own as a project.
             | 
             | This is why a lot of bigger projects require you sign a
             | contributors agreement that assigns copyright before you
             | can contribute to the main repo. Doing this in advance
             | saves the project a lot of headaches down the road if dual
             | licensing is deemed useful. This is true even if you want
             | to license under two different open source licenses, as
             | only the copyright holder can change the license.
        
             | wolrah wrote:
             | The GPL itself offers no such option, but if the copyright
             | holder(s) choose to they may offer whatever alternatives
             | they choose. Many significant open source applications are
             | offered under this model such as MySQL.
             | 
             | The catch is that the more copyright holders there are the
             | more likely it is that someone who has contributed a non-
             | trivial part of the project will not agree, in which case
             | their work would have to be removed/replaced to allow for
             | relicensing.
             | 
             | Large projects that have not required a CLA from
             | contributors are effectively impossible to relicense.
        
             | throwaway934876 wrote:
             | The authors can re-license right, even for one (paying)
             | customer? They could also pay for the promise not to sue?
             | IANAL.
        
               | vlovich123 wrote:
               | Only if the project owns the copyright or otherwise has
               | been granted such powers in their contribution agreement.
               | Otherwise, no. They'd have to get approval from every
               | autho/rewrite the code they don't have a license for to
               | provide a copy that isn't GPL.
        
               | daptaq wrote:
               | I remember reading that it should be able for users to
               | sue instead of the author, if they cannot ccess the
               | source of GPL'ed software.
        
               | vlovich123 wrote:
               | I'm fact it's only the users who have standing to request
               | the source. The author's have standing to sue for
               | copyright infringement.
        
               | colejohnson66 wrote:
               | Not at all true. It's copyright infringement if you're
               | not following a license contract, of which the GPL is.
        
               | vlovich123 wrote:
               | The GPL contract only says you have to distribute source
               | to the users you give binaries to. The only people who
               | can ask for said source are the people receiving those
               | binaries and the only people who have standing to sue
               | when that doesn't happen is the copyright owners.
               | 
               | That's why you can use GPL software in your private CI
               | system and not need to give anyone the source code.
        
               | colejohnson66 wrote:
               | I see I misread your comment. My apologies.
        
             | EamonnMR wrote:
             | Class action settlement?
        
           | fsckboy wrote:
           | > _That would either mean open-sourcing the software or
           | paying for a license_
           | 
           | no, in general it means TikTok rewriting those portions of
           | the software themselves
        
             | myself248 wrote:
             | So they can just steal until they get caught, make a
             | bazillion bucks, and get off scot-free if they write their
             | own code after getting caught?
        
           | dodgepong wrote:
           | Paying for a license would be nearly impossible, as the OBS
           | team would need every contributor to sign a CLA to give the
           | OBS team the rights to relicense/dual-license the OBS code
           | base.
        
             | azeirah wrote:
             | Would be nice if the contributors could get some money for
             | it
        
               | telesilla wrote:
               | The result would be hundreds of OBS closed source clones
               | that do not contribute back to the project. It would be a
               | disaster.
        
               | Xylakant wrote:
               | As long as they all pay a reasonable license fee, I don't
               | see a disaster. The OBS project could then pay developers
               | to build open source features that benefit all. A lot of
               | the forks would likely contain features that are not if
               | interest to other users anyways.
        
         | dang wrote:
         | We detached this subthread from
         | https://news.ycombinator.com/item?id=29592556.
        
       | msarrel wrote:
       | It ends up being close to impossible to enforce these licenses.
        
       | Shubhi_29 wrote:
       | Tiktok is ban in India
        
       | soheil wrote:
       | How do we make sure people invoking China-stealing-intellectual-
       | property-yet-again don't pile on this thread? If this is a case
       | of a company wrongfully using IP we need to very much have a
       | discussion about that topic alone.
        
         | [deleted]
        
         | sophacles wrote:
         | Why? What's wrong with pointing out a pattern?
        
       | orliesaurus wrote:
       | I hope they donate to the OBS project at least...
        
         | lucasyvas wrote:
         | Doubt
        
       | mthrow_123 wrote:
       | I worked at a medium size software company in New York and our
       | team lead would always say "Why make what you can take?" when
       | referring to finding open source code and running with it,
       | regardless of licensing or anything.
        
       | nneonneo wrote:
       | The actual Studio app is in beta and is only available to a
       | select group of testers. If you're on the list, you can grab the
       | installer from https://tiktok.com/Studio/Download.
       | 
       | If you're not on the list, like me, you can go to a cached
       | version of that page, find the JS code that retrieves the
       | download links (https://lf16-tiktok-web.ttwstatic.com/obj/tiktok-
       | web-us/tikt...), hit the API that serves up the download links
       | (https://tron-sg.bytelemon.com/api/sdk/check_update?branch=ma...)
       | and grab the download links to share with everyone (the files are
       | identical, these are mirrors):
       | 
       | https://lf16-live-studio.tiktokcdn.com/obj/tiktok-live-studi...
       | 
       | https://lf1-ttcdn-tos.pstatp.com/obj/tiktok-live-studio/6974...
        
       | andrew_ wrote:
       | I'd like to see HN shy away from posting twitter threads as news.
       | There's almost always a hard link to the source material, and
       | twitter threads are filled with emotional, truncated, nuance-
       | lacking, trite clips that more often than not do little to
       | promote healthy discussion of a topic. The goal of quality here
       | really is noble.
        
         | platz wrote:
         | sometimes thats where the news is
        
           | Kinrany wrote:
           | Including this case. The "original" original is a Discord
           | message.
        
         | jjulius wrote:
         | >There's almost always a hard link to the source material...
         | 
         | Do you have a hard link to the source material in this
         | instance? As far as I can tell[1], there isn't an article about
         | this yet; the only results at the time of this comment are
         | about how TikTok will be allowing "OBS-like streaming" soon.
         | 
         | In lieu of an actual article or blog post about this, what
         | would you suggest people link to if not a Twitter thread?
         | Should an issue not be discussed whatsoever if it's only on
         | Twitter?
         | 
         | [1]https://www.google.com/search?q=tiktok+obs&source=lnms&tbm=n
         | ...
        
         | [deleted]
        
         | dang wrote:
         | > There's almost always a hard link to the source material
         | 
         | I don't think that's true. Twitter threads, like it or not, are
         | the medium for a great deal of original insight, public
         | conversation, and ongoing developments.
        
         | Oddskar wrote:
         | Why would a newspaper article that regurgitates the Twitter
         | thread be any better?
         | 
         | If the source is Twitter then I much prefer a link to Twitter.
        
           | jazzyjackson wrote:
           | But the news isn't that somebody on Twitter found this
           | license issue, the news is that there's a license issue. A
           | tweet could be a good tip for a journalist to do journalistic
           | things like finding out if its true and writing up some
           | context of how this has happened before and what GPL is, that
           | way the story can be understood by a wider audience.
           | 
           | Twitter is popular for people obsessed with hearing the
           | latest rumor, but if TikTok is an illegal fork of OBS, I'd
           | rather hear a few days later the well researched details - or
           | if its a nothingburger overreaction, then I'd rather not hear
           | about it at all.
        
         | galgalesh wrote:
         | From the HN guidelines:
         | 
         | > Please don't complain about tangential annoyances--things
         | like article or website formats, name collisions, or back-
         | button breakage. They're too common to be interesting.
        
           | fathereatsass wrote:
           | If the rule you followed brought you to this, of what use was
           | the rule?
        
           | jazzyjackson wrote:
           | I think the complaint is more about twitter being an
           | unreliable trash news source akin to the daily mirror, rather
           | than pedestrian complaints of how the format is annoying
        
             | ollien wrote:
             | What makes Twitter any different in reliability than
             | someone's blog? HN is filled with random blog links
        
               | BuildTheRobots wrote:
               | The obvious difference is that it's impossible to explain
               | any complex or in depth information using 280 characters
               | or less. Trying to follow a thread of tweets (without
               | using a 3rd party site) is painful. Heck, this throwaway
               | response barely fits.
        
               | ipaddr wrote:
               | Many times there are a series of tweets. It's as easy to
               | view it is as easy as scrolling down no third party tools
               | required
        
               | btown wrote:
               | Yea, Twitter has vastly improved its UX here over the
               | years. Thread unrolling isn't really necessary any more.
               | 
               | Twitter is actually an incredible feed _if_ you
               | meticulously scope your feed or lists to industry folks,
               | people doing advocacy for various marginalized groups,
               | and individual journalists ( _not_ their news outlets,
               | whose editors add the clickbait). If you do this, Twitter
               | becomes a place where people proudly try to summarize
               | their own intensive research and journalism into 280
               | characters, and thus present varied insights at extremely
               | high density. Every tweet tends to link the long-form
               | work itself, as well as a thread, by them, that is
               | essentially an abstract for their long-form work. And
               | professionals who want to post off-brand content will
               | often times open up a second account for trivialities,
               | which you can choose not to follow.
               | 
               | To put it another way: If you wanted to capture the
               | zeitgeist of, say, a machine learning conference, and
               | made a user interface to let people summarize their work,
               | speak excitedly about it, be able to present _multiple_
               | levels of depth (single-sentence, abstract, images, full
               | paper), and throw in the occasional meme whose comment
               | section is actually an insightful take on challenges
               | people are facing... odds are your interface would look
               | very similar to Twitter as it currently exists. The
               | difference, as always, is the content.
        
               | ufo wrote:
               | If only it were that easy. Twitter displays a complex mix
               | of follow up tweets and replies from other people, so the
               | follow up can be burried and hard to find. It also may
               | require clicking to load more tweets and there is little
               | indication when there is important information in the
               | replies. There is no way to know if scrolling through the
               | replies will be a worthwhile use of time, or just have
               | useless twitter noise.
               | 
               | This very comment thread is evidence of this. Look at all
               | the people who didn't know that there were infringing
               | binaries, because that is only mentioned in a reply by an
               | obs dev in another tweet.
        
             | dang wrote:
             | It's still a tangential annoyance and thus against that
             | guideline.
        
             | zymhan wrote:
             | If the link is "trash", it won't get many upvotes. That's
             | the premise of HN.
             | 
             | Twitter threads can be insightful an informative.
        
           | RicoElectrico wrote:
           | You follow the letter of the law, not the spirit.
           | 
           | Or maybe you do not: examples given are not similar to what
           | GP refers to.
        
           | bdcravens wrote:
           | Also in the guidelines
           | 
           | > Please submit the original source. If a post reports on
           | something found on another site, submit the latter.
        
           | selfhoster11 wrote:
           | That doesn't solve the problem that Twitter is, in fact, a
           | popular link destination and a giant pain to load on slow
           | devices.
        
             | fsflover wrote:
             | https://nitter.net/Naaackers/status/1471494415306788870
        
         | aembleton wrote:
         | I'd like to see Twitter threads go to Threadreader as its
         | easier to read. For example, this thread would be
         | https://threadreaderapp.com/thread/1471494415306788870.html
        
         | estaseuropano wrote:
         | The same critique applies however also to Reddit and any other
         | site with social comments.
        
         | minimaxir wrote:
         | Hacker News has a "post the original source" rule. In this
         | case, Twitter is the original source.
         | 
         | One of my most recent grievances is with HN is the ranking
         | penalty of Twitter submissions as that has been the primary
         | source of news lately, for better or for worse.
        
           | sp332 wrote:
           | Twitter is not the original source. The first image in the
           | tweet is of an earlier post.
        
             | tekacs wrote:
             | The image you're talking about in the tweet is of a Discord
             | message -- this tweet is presumably the most original
             | source that's linkable as a normal page on the web.
        
               | sp332 wrote:
               | Thanks, I was trying to figure out what platform that was
               | from.
        
       | jetsetgo wrote:
       | When Logitech and StreamElements do it; it's fine?
        
       | ravel-bar-foo wrote:
       | At this point, would it even hurt TikTok to open source their
       | code? The network effect and user profiles are their moat, not
       | their codebase.
        
         | dodgepong wrote:
         | If the app includes ByteDance's proprietary BVC1 or BVC2
         | encoders, it's possible those would have to be open-sourced.
        
         | jackTheMan wrote:
         | if they remove all surveillance stuff.. maybe not
        
           | hkalbasi wrote:
           | Isn't (important part of) surveillance stuff on the server
           | side?
        
       | jrm4 wrote:
       | Yup. The best thing we can all do is shine a light on it. I'm a
       | lawyer and one thing that's important to remember in all of this
       | is the interconnectedness of things, and being strategic about
       | how to proceed is important. Shine the light everywhere.
       | 
       | As in, one thing to consider is that some proponents of Free
       | Software do not actually want certain types of high-profile
       | public cases on the GPL _even when_ they law appears to be very
       | much on their side, mostly because it could be really bad if a
       | judge gets it wrong and sets something stupid as precedent.
        
         | bogwog wrote:
         | > mostly because it could be really bad if a judge gets it
         | wrong and sets something stupid as precedent.
         | 
         | At this point, isn't precedent already set? There have been
         | more than a few GPL lawsuits where the courts ruled in favor of
         | the GPL. This wiki has a list
         | (https://wiki.fsfe.org/Migrated/GPL%20Enforcement%20Cases) of
         | them.
         | 
         | Some of those are in the US, others in the EU. Not sure if US
         | judges have to consider precedents set in EU countries?
        
           | jrm4 wrote:
           | I'd say there's not "enough," and in a sense, precedent is
           | never binary, like "yes or no?" The law having distinctions
           | and extensions and so on. US will probably find EU law
           | persuasive but not binding.
           | 
           | So broadly, I think at least part of the strategy is "don't
           | wake the beast." You really don't want e.g. "Microsoft v.
           | Tiny GPL guy" as a big case because the law is far from
           | perfect and there would be a lot of potential
           | incentive/influence in MS's favor. (True, you'd get lots of
           | Amicus action from Mozilla et al, but that would probably not
           | be enough)
        
       | ghusbands wrote:
       | People are misunderstanding this and claiming it's not
       | problematic. Ben Torrell (an OBS developer) notes later in the
       | thread that there is indeed GPL code compiled into TikTok's
       | executables; since source is not available and they have not got
       | another license, it is unlicensed and hence illegal.
        
         | ignoramous wrote:
         | I wonder if the GPLv3 violation pulls in TikTok's other
         | software and infrastructure under it. That'd be one for the
         | ages (like OpenWrt was [0]) if FSF manages to reign it in!
         | 
         | [0] https://thenewstack.io/the-open-source-lesson-of-the-
         | linksys...
        
           | borodi wrote:
           | OBS is GPLv2 so I don't think it would get to that level. Tho
           | if the other GPL code is v3 then who knows.
        
           | dathinab wrote:
           | No it doesn't that's not how GPL (or any license) works.
           | 
           | What happens is that it's a breach of contract (licenses are
           | contracts) which lead to an termination that contract (1)
           | (license) which grants the usage rights (copyright) for the
           | software.
           | 
           | Which leads a company to (roughly) following choices:
           | 
           | - start complying with the license in time "before" the
           | license gets invalidated
           | 
           | - buy a proprietary license from the license holder
           | 
           | - stop using the software, and pay damages for previous
           | usage/contract violation/copyright infringement(1)
           | 
           | This means you are not _ever_ forced by law to release your
           | software under GPL, but you might be forced by economics to
           | do so, as you might not be able to afford not doing so (or it
           | 's just simply cheaper).
           | 
           | (1): The topic how/when the contract becomes invalid and for
           | which terms you can sue is tricky, and depends on the country
           | in question.
           | 
           | EDIT: Also even if GPL would work like that, there is no
           | reason why e.g. their non-OBS boundled apps or infrastructure
           | should be affected.
        
             | overeater wrote:
             | In option 1, when does the license get invalidated? Is it
             | invalidated in the first place because the offending
             | software broke the license? Or is it invalidated after
             | notification from OBS? Or even later, after some amount of
             | time after notification and non-correction?
             | 
             | If it's violated before notification, then option 1 is not
             | possible, and option 2 is at the discretion of OBS, so
             | option 3 is the only real legal outcome.
             | 
             | But if it's violated after notification, it seems like the
             | optimal strategy for any company using GPL software is to
             | not comply, until they are notified of violation, which
             | apparently is not that common unless you're already a major
             | product.
        
               | jacobr1 wrote:
               | https://lwn.net/Articles/61292/ provides a great
               | explanation
               | 
               | > There is no provision in the Copyright Act to require
               | distribution of infringing work on altered terms. What
               | copyright plaintiffs are entitled to, under the Act, are
               | damages, injunctions to prevent infringing distribution,
               | and--where appropriate--attorneys' fees. A defendant
               | found to have wrongfully included GPL'd code in its own
               | proprietary work can be mulcted in damages for the
               | distribution that has already occurred, and prevented
               | from distributing its product further. That's a
               | sufficient disincentive to make wrongful use of GPL'd
               | program code. And it is all that the Copyright Act
               | permits.
        
         | babypuncher wrote:
         | It is absolutely problematic. Corporations will go to hell and
         | back to make sure their IP rights are respected. The open
         | source community should expect nothing less from them.
        
         | mynameismon wrote:
         | Relavant Tweet:
         | https://twitter.com/dodgepong/status/1471522226520346632
        
           | trynewideas wrote:
           | See also
           | https://twitter.com/dodgepong/status/1471528656199692292 and
           | https://twitter.com/dodgepong/status/1471524716477300737
           | 
           | too twitter; didn't read: there's apparently OBS code evident
           | in the decompiled app, and other GPL code as well, and OBS
           | found out independently and are working to resolve it
        
             | mynameismon wrote:
             | Also important to note: OBS developers also found incidents
             | of OBS code outside of that instance, and they are working
             | with TikTok on the same.
        
             | 4684499 wrote:
             | That's pretty fast for a beta released yesterday. Are the
             | devs actively monitoring and reverse engineering every
             | binary released that related to streaming? Also, where can
             | I get the live studio executable? None of the links I found
             | works, is that public release?
        
               | r1ch wrote:
               | I'm the one on the OBS team who originally found this. I
               | saw a tweet yesterday from someone that's in the beta,
               | and as with any desktop live streaming software (and
               | especially with "Studio" in the name) I was curious if
               | they were using any OBS Studio code or if it was
               | developed all in-house. The download link is available in
               | their JS, you can find the most recent installer link
               | here: https://tron-
               | sg.bytelemon.com/api/sdk/check_update?branch=ma... (note:
               | you probably won't be able to actually use it without
               | being in the beta group)
               | 
               | Without even installing it, opening the setup files
               | showed some immediate red flags, notably the
               | "GameDetour64.dll", "Inject64.exe" and
               | "MediaSDKGetWinDXOffset64.exe" look awfully similar to
               | the way the OBS Studio game capture hooks work with our
               | "graphics-hook64.dll", "inject-helper64.exe" and "get-
               | graphics-offsets64.exe". I don't jump straight in to
               | disassembling everything I come across, but when it's
               | this obvious it begs further investigation, and after
               | some disassembly I was able to confirm that OBS code was
               | present in their binaries.
        
               | throwaway413 wrote:
               | This is why I HN. Thank you for that clear account of the
               | discovery, funny what a little curiosity can lead to.
               | 
               | Not masking the names further makes me wonder if whoever
               | actually implemented this may not have been aware of the
               | repercussions.
        
               | samspenc wrote:
               | Wow this is amazing, thanks for digging in and doing this
               | work. If this were Reddit, I would give you a gold award,
               | but since this is HN, all I have to give is my 1 upvote.
        
         | addingnumbers wrote:
         | People are misunderstanding this and claiming it's not
         | problematic because the tweet in the HN link is idiocy.
         | 
         | They show one URL in one installer script with an
         | obsproject.com domain and conclude, from the presence of that
         | URL alone, that the entire project is a whole cloth copy of
         | OBS.
         | 
         | That URL is nothing but a 302 redirect to the directx runtime
         | at https://www.microsoft.com/en-
         | us/Download/confirmation.aspx?i...
         | 
         | The linked tweet tells us nothing except that TikTok is
         | essentially using obsproject.com's web server as a URL
         | shortener.
        
           | stefan_ wrote:
           | Yes, clearly, the TikTok employee writing that original bog-
           | boring DirectX dependency installer script felt his best
           | choice here was to use the OBS URL as a URL shortener.
           | 
           | Truly this is the strongest possible interpretation of this
           | circumstantial evidence and does not make you look like an
           | idiot (re idiocy) at all. You would rather write this comment
           | than simply navigate to the OBS github and find the copy of
           | this installer script in there.
        
           | mysterydip wrote:
           | Why would a company the size of tiktok want to depend on some
           | open source project maintaining a URL? Would they be liable
           | if it instead redirected to malware?
        
             | Sebb767 wrote:
             | Possibly. But most likely there was a bug "crashing when
             | DirectX is not installed" and some developer hacked a
             | silent install for DirectX in without thinking too much.
        
             | adolph wrote:
             | > a company the size of tiktok
             | 
             | Is made up of smaller teams composed of individuals who may
             | or may not take shortcuts and make good decisions on behalf
             | of their company. If the choice is between "executive said
             | 'hey use this open source in secret'" or "programmer took
             | shortcut," my bet is on the latter.
        
           | [deleted]
        
           | dodgepong wrote:
           | Again, to be clear, we've decompiled the TikTok LIVE Studio
           | binary and confirmed that it uses code derived from OBS
           | Studio.
        
             | addingnumbers wrote:
             | If the link took us to evidence of that it would be great.
             | Instead the link takes us to misinformation from a rage-
             | monger who clearly has no understanding of what they are
             | looking at.
        
               | dang wrote:
               | Please make your substantive points without name-calling.
               | The latter is against the site guidelines
               | (https://news.ycombinator.com/newsguidelines.html) and
               | also makes your comments less credible, which is
               | particularly bad if you're correct on the issues (https:/
               | /hn.algolia.com/?dateRange=all&page=0&prefix=true&sor...)
               | .
        
           | humanistbot wrote:
           | > that the entire project is a whole cloth copy of OBS.
           | 
           | That is a straw man argument. It doesn't matter what percent
           | of the infringing product uses GPL-licensed code.
        
             | ksm1717 wrote:
             | What if it's one character?
        
               | mixedCase wrote:
               | I believe the parent poster implicitly meant "as long as
               | it's copyrightable" as a caveat
        
               | dralley wrote:
               | But it's not one character.
        
             | [deleted]
        
           | [deleted]
        
       | 12ian34 wrote:
       | Could someone please help explain to me and (others who might not
       | know) what is the concrete problem caused by this forking that
       | doesn't comply with the license?
        
         | ilaksh wrote:
         | Read the GPL. You can't fork without releasing the source code.
         | Unless you buy a commercial license (if they sell that).
        
         | kaslai wrote:
         | The GPL requires that any derivative work of GPL licensed code
         | must also be licensed under the same (or compatible) license as
         | the original GPL'd code. This is the "viral" aspect of the
         | license. It applies even if the only interface between your
         | code and the GPL code is dynamic linking, and not a single line
         | of the GPL'd code is in your application.
         | 
         | There are acceptable ways to bundle GPL code with closed source
         | software in a single distributable, however it must be made
         | clear which parts of the distribution are licensed under the
         | GPL and the GPL license must be clearly present. Even in the
         | most charitable reading of the situation, TikTok violated this
         | basic requirement.
        
       | JoeCee wrote:
       | Sorta side question: is it legal/ethical to say, "open source
       | unless you're a company of more than X people then it's X * $Y to
       | license"
        
         | jmull wrote:
         | That's fine, except don't call it an "open source" license.
         | That's a commercial license.
        
         | dnissley wrote:
         | It's perfectly legal/ethical, but it would not be open source
         | at that point. Same as licenses that prevent companies from
         | running the licensed product as a cloud service, even if the
         | source is freely available to view or use in a private
         | capacity.
        
       | s7r wrote:
       | First thought while reading headline: this is why copyleft is
       | useful.
        
       ___________________________________________________________________
       (page generated 2021-12-17 23:00 UTC)