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Ask HN: Can I strip out the EULA from an open source project to use it?

4 点作者 kblev超过 2 年前
There&#x27;s an open source project on Github licensed under Apache 2.0.<p>Its EULA states that corporations must purchase a license to use it.<p>When executing the compiled binary of the app, the user is prompted to accept the EULA.<p>Disregarding the obvious moral implications of this (corp asked me to do this, I have no choice, unless it&#x27;s not legal of course) - is it technically legal to fork the repo, replace the text file containing the EULA let&#x27;s say with blanks, and recompile the app?<p>My thinking is yes, because Apache 2.0 grants permission to freely modify the source code; whereas the EULA becomes binding only at run time after it&#x27;s accepted.<p>Thanks.

7 条评论

nunobrito超过 2 年前
Always consult a lawyer with experience on these matters, interpretation of open source licenses is different in different jurisdictions.<p>In countries based on roman law (non-US, non-UK, non-Commonwealth):<p>When the code is on github marked as under the Apache-2.0 license by the copyright holder, then it is reasonable to assume that the Apache-2.0 license is applicable for your usage of that source code.<p>The compiled binaries are a different matter, especially when provided by the copyright holder themselves since they have the legal power to decide on different licenses for the same code.<p>So in principle a fork is legally possible with the intention of removing the EULA message. In case the copyright holders complain about such action, then the code should not be considered Apache-2.0 as advertised and such entities can be accused of fraud.
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GianFabien超过 2 年前
Wally from Dilbert suggests: To protect yourself, get the instructions from management in writing.<p>I would be very surprised if any manager was prepared to sign such a demand.
incomingpain超过 2 年前
Not a lawyer but EULAs are generally unenforced. That is not to say they are unenforceable.<p>The thing about doing what you are doing. Some person down the road, maybe many years from now will have some sort of problem and not realize they lack a proper license. They will reach out to the vendor and start the lawsuit process.<p>From the vendor&#x27;s point of view your corp will end up paying now or paying later.<p>From your corp&#x27;s point of view. Lawyers are going to want to know everything. Your name will come up and it doesn&#x27;t matter at all if you work there or not. You&#x27;re going to be talking to lawyers. Worse yet, they wont care if you work there or not, they won&#x27;t be on your side.<p>You certainly need to get it in writing.
rwmj超过 2 年前
You need to consult a lawyer who specialises in copyright law.<p>It doesn&#x27;t sound like this software is really under Apache 2.0 as that is clearly not the intention of the author whether or not an Apache 2.0 license is attached. You can&#x27;t get around that with some legal sophistry. It&#x27;s not free software at all if it has restrictions on use since it doesn&#x27;t have the &quot;four freedoms&quot; (<a href="https:&#x2F;&#x2F;www.gnu.org&#x2F;philosophy&#x2F;free-sw.en.html" rel="nofollow">https:&#x2F;&#x2F;www.gnu.org&#x2F;philosophy&#x2F;free-sw.en.html</a>).
neximo64超过 2 年前
Apache 2.0 also says that if you fork it, or use any bit of it, it is classified as a derivative works, and must retain the Apache license in the fork. So the answer is quite clearly no.<p>You could possibly modify the source and not accept the EULA but you still cannot remove the Apache license.
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brudgers超过 2 年前
If it matters, hire a lawyer.<p>If it doesn&#x27;t matter, it doesn&#x27;t matter.<p>Legality has nothing to do with it.<p>Anyone can sue anyone over anything.<p>Good luck.
mattl超过 2 年前
So the binary has a EULA and the source code does not? What happens if you compile the binary yourself?