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The desired class-action status of this suit feels like a stretch to me. Typically, in a class action, the defendant's alleged behavior unquestionably harms the
by gwillen 4y ago
The desired class-action status of this suit feels like a stretch to me. Typically, in a class action, the defendant's alleged behavior unquestionably harms the members of the class, which is why it's okay to make them party to the suit without their consent.
In this case, I suspect that only a minority of the members of the purported class actually believe they were harmed by the defendant's actions, and some class members are _paying customers_ of the defendant's product based on the conduct at issue. (Which surely creates some kind of estoppel issue, aside from the dubiousness of the class certification in the first place.)
Could some enterprising attorney get a bunch of members of the purported class to sign on to a brief opposing class certification? (I don't know if that would be an amicus or what, but surely those people have some kind of standing here.)
(Enterprising attorneys: my email address is in my profile.)
I guess the problem here is with "enterprising" -- there's no money there, except to Microsoft, who I imagine might be barred by legal ethics from funding something like this...
- nullc 4y agoUltimately losing a case like this might be better for super large players like Microsoft in the long run: they'll staple blanket permissions (and maybe even indemnities for third party code you submit) in the terms of service and go ahead training their own proprietary models. But players from startups to open source projects that lack market power will then face an impossible moat if they want to develop their own similar models.
- nl 4y ago> Could some enterprising attorney get a bunch of members of the purported class to sign on to a brief opposing class certification? Yes, I'd sign onto this (and I have open source code on GitHub that presumably (hopefully!) is being included).
- drran 4y agoCopyLoot model of business ruins Open Source model of business (AKA Open Core) and Open Source movement in general.