Hacker News new | past | comments | ask | show | jobs | submit login

> Only about 500 years of common law.

I don't think that's true - common law would consider the contract void when broken or not properly met, and award damages, not enforce it.

If a builder doesn't finish building a wall they award damages - they don't march them back to your house and make them finish building. That's a pretty fundamental part of common law.





Look at the examples given in your own article - they aren't going to translate to this situation. They're talking about contracts involving unique items where simply cancelling the contract can't resolve it. If you buy something and what turns up isn't what you want you can just return it.


Yes, and source code might have far more value to the buyer than money.


Potentially so, but if there was never a contract to exchange money for source code, then there is no performance you'd be entitled to.

It doesn't logically make sense to concurrently argue that you were misled that the software is FOSS and believe that you exchanged money for source code.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: