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A random outsider couldn't do it obviously. But imagine if you had standing to sue, i.e. you signed up and paid for ZenDesk based on this advertising, and then
by howdydoo 5y ago
A random outsider couldn't do it obviously. But imagine if you had standing to sue, i.e. you signed up and paid for ZenDesk based on this advertising, and then later realized they were lying.
- kube-system 5y agoIn that case, the plaintiff would sue for the damage caused by the lie, which would include the amount paid for the software. The only case in which you might get the source code as a result is if you paid for the source code. Which is the complete opposite claim of what is being made on this page.
- howdydoo 5y agoYeah, you're probably right. But a guy can dream, can't he? https://archive.is/0Oihx https://archive.is/0Oihx
- hodgesrm 5y agoAnd the amount you can collect is limited by section 14.2 of their Master Subscription Agreement to the amount paid to them in the last 12 months. [0] To get more you would have to show they committed fraud or were grossly negligent, which could then invalidate the contract. IANAL but this stuff is pretty standard. [0] https://www.zendesk.com/company/agreements-and-terms/master-subscription-agreement/#limitation-of-liability https://www.zendesk.com/company/agreements-and-terms/master-...
- indymike 5y agoYou could ask for specific performance instead of money... or both.
- chrisseaton 5y agoYou ca ask for whatever you want - but there’s absolutely no precedent for achieving the court requiring the source be released.
- indymike 5y agoOnly about 500 years of common law.
- chrisseaton 5y ago> Only about 500 years of common law. I don't think that's true - common law would consider the contract void when broken or not properly met, and award damages, not enforce it. If a builder doesn't finish building a wall they award damages - they don't march them back to your house and make them finish building. That's a pretty fundamental part of common law.
- indymike 5y agoOK. Here's a lawyer explaining it https://www.romanolaw.com/2020/01/03/how-to-compel-specific-performance-of-a-contract/#:~:text=Specific%20performance%20recognizes%20that%20money,services%20promised%20in%20the%20agreement https://www.romanolaw.com/2020/01/03/how-to-compel-specific-....
- deleted 5y ago[deleted]
- chrisseaton 5y agoLook at the examples given in your own article - they aren't going to translate to this situation. They're talking about contracts involving unique items where simply cancelling the contract can't resolve it. If you buy something and what turns up isn't what you want you can just return it.
- indymike 5y agoYes, and source code might have far more value to the buyer than money.
- 5y ago
- chrisseaton 5y agoTalk me through how that gets to a court order to release source code. What legislation or precedents are there for that? If there aren't any, how would a judge arrive at that decision?
- howdydoo 5y agoMy dreams have been thorougly dashed. I cede.