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fluoridationtoday at 6:08 AM1 replyview on HN

>So if I pay you a recurring fee to publish all your research on a given topic and then you fail to make good on that I can seek damages, right? Now what if I paid you a lump sum up front? Now what if I licensed a patent to you in place of that lump sum? What if instead of a patent it was the right to make use of a piece of software?

Uh-huh... This doesn't answer my question of what terminating the agreement of access to the paper does, besides what I've already said. You've licensed to me access to a paper under certain conditions. I've breached the conditions, therefore you terminate the agreement, therefore you revoke access. Am I missing anything?

>FOSS software licenses obviously substitute "right to use the code" for "payment".

Hence my question. The hypothetical license/contract under discussion is about access to research results, not about a monetary transaction.

>This is incredibly contrived.

Well, the idea of viral abstract ideas is stupid, so it forces me to give contrived examples.

>I'm going to assume that all the lawyers who have sure left me with the impression that it would be a bad idea to violate it know what they're talking about.

What point do you think you're making? Something can be ambiguously (but not certainly) risky and a bad idea to do. I have two coins, one with two tails and the other a fair one, and I offer you to gamble everything you own on one of these coins of your choosing, or walk away. I assume you wouldn't pick the unfair one. Therefore if you would rather walk away than gamble everything you own on the normal coin, the toss actually has a 100% chance of you losing?


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fc417fc802today at 6:23 AM

> I've breached the conditions, therefore you terminate the agreement, therefore you revoke access. Am I missing anything?

You're missing the part where I seek punitive and actual damages under the terms of the contract. No different than violating an NDA - I paid you a lump sum up front, after a while you breached the contract, the agreement is null and void, what's the consequence?

> Well, the idea of viral abstract ideas is stupid, so it forces me to give contrived examples.

On the contrary, presumably it was because you lacked the ability to roundly refute anything I had put forward. Otherwise I assume you would have done so.

> Therefore if you would rather walk away than gamble everything you own on the normal coin, the toss actually has a 100% chance of you losing?

But in this analogy it is you baselessly making that claim. There's every expectation that it's a fair coin, many experts have carefully inspected it and authored opinions on it, and some have put forward theories that it slightly deviates in one direction or another. Then you show up and confidently assert without any evidence that there's some wild deviation from fair, hand waving that you would have proof if only someone wanted to bother testing it.

Out of curiosity, what is it that has you so bothered about the idea of viral licenses? What do you find so objectionable about attaching arbitrary terms to contracts?

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