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You could ask for specific performance instead of money... or both.
by indymike 5y ago
You 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.
- kube-system 5y agoPotentially so, but if there was never a contract to exchange money for source code, then there is no performance you'd be entitled to. It doesn't logically make sense to concurrently argue that you were misled that the software is FOSS and believe that you exchanged money for source code.