3 ms·

The elephant in the room: If software becomes a product does that mean it's no longer speech? How do you have liability for something that is copyright? What a

The elephant in the room: If software becomes a product does that mean it's no longer speech? How do you have liability for something that is copyright? What about the first amendment in the us?

AnimalMuppet 3y ago
IANAL. So this isn't a leading question; I really don't know. What's the standard for liability for something like a manual on how to repair your own car brakes, where if you mess it up you might get killed? How about medical advice online, where if you follow it, it might kill you? How about a manual on how to prepare fugu? How about if I give what I think is good psychological advice, and they commit suicide? If I write any of the above, and it's wrong, and someone dies because it was wrong, how liable am I under current law? How about if I write something that someone takes as investment advice, and they follow it and lose a lot of money? How about if I write something that looks like legal advice, and they follow it and end up in jail? What is the actual current state of the law on these things in the US?
- beaeglebeached 3y ago
  My prediction is non commercial software becomes anonymous, and commercial software gets sold from some other low tax professional-dense location like Dubai or Singapore. If you look at 3d printed gun plans and code, 1A has arguably helped with keeping it on the net but the authors are mostly under psuedonyms.
- zer00eyz 3y ago
  IANAL ... but I like reading the law, I like that the law is protectionist in spite of the founding fathers wishes (a digression) https://en.wikipedia.org/wiki/United_States_free_speech_exceptions https://en.wikipedia.org/wiki/United_States_free_speech_exce... Intent matters in the case of the first amendment. Or you limit how you can license software, that's tort, but someone will argue that your limiting what I can do with my speech at that point in time... This change looks like the "Nuclear option" for something that is, fairly common in society.
- onthecanposting 3y ago
  There is a mature body of regulatory law for these sort of things for licensed professionals. That probably does more harm than good though
  - AnimalMuppet 3y ago
    Right, but what if I'm not a professional? What if I'm just an amateur posting on the web? What if I'm not even an amateur, just a rando shooting my mouth off?

The elephant in the room: If software becomes a product does that mean it's no longer speech? How do you have liability for something that is copyright? What about the first amendment in the us?

AnimalMuppet 3y ago

IANAL. So this isn't a leading question; I really don't know. What's the standard for liability for something like a manual on how to repair your own car brakes, where if you mess it up you might get killed? How about medical advice online, where if you follow it, it might kill you? How about a manual on how to prepare fugu? How about if I give what I think is good psychological advice, and they commit suicide? If I write any of the above, and it's wrong, and someone dies because it was wrong, how liable am I under current law? How about if I write something that someone takes as investment advice, and they follow it and lose a lot of money? How about if I write something that looks like legal advice, and they follow it and end up in jail? What is the actual current state of the law on these things in the US?

beaeglebeached 3y ago
My prediction is non commercial software becomes anonymous, and commercial software gets sold from some other low tax professional-dense location like Dubai or Singapore. If you look at 3d printed gun plans and code, 1A has arguably helped with keeping it on the net but the authors are mostly under psuedonyms.
zer00eyz 3y ago
IANAL ... but I like reading the law, I like that the law is protectionist in spite of the founding fathers wishes (a digression) https://en.wikipedia.org/wiki/United_States_free_speech_exceptions https://en.wikipedia.org/wiki/United_States_free_speech_exce... Intent matters in the case of the first amendment. Or you limit how you can license software, that's tort, but someone will argue that your limiting what I can do with my speech at that point in time... This change looks like the "Nuclear option" for something that is, fairly common in society.
onthecanposting 3y ago
There is a mature body of regulatory law for these sort of things for licensed professionals. That probably does more harm than good though
- AnimalMuppet 3y ago
  Right, but what if I'm not a professional? What if I'm just an amateur posting on the web? What if I'm not even an amateur, just a rando shooting my mouth off?