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vova_hn2today at 1:58 AM1 replyview on HN

How can you breach a contract if you are not a party to a contract? OpenCode is not using any Anthropic services, they are just publishing some source code that seems (obligatory IANAL) to be protected speech under the First Amendment [0], if this legal argument is happening in American jurisdiction.

[0] https://en.wikipedia.org/wiki/Code_as_speech


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gitaariktoday at 5:50 AM

Interesting point. I've been looking into a similar issue recently, and for example LinkedIn won a lawsuit against the analytics company hiQ because they violated their ToS for scraping their website. And I think they also never technically had a direct contract they'd breach.

https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn

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