Reply to post: Open Source is illegal

Should open source sniff the geopolitical wind and ban itself in China and Russia?

Anonymous Coward
Anonymous Coward

Open Source is illegal

As far as I know, EU has banned its companies from providing digital services to Russia. Open Source does not exist in the vacuum, and if an organisation like GitHub allows to hosts codes, it must comply with the law and block access to it. Or if the publisher of a software package makes it available for free no matter whenever in the world, he/she is breaking the law. Yes you must comply with the law, e.g., only allow downloads from non-sanctioned countries otherwise you are distributing digital goods / services to sanctioned countries. You can't just say "oh but it's Open Source" and continue doing it like there are no implications to that. It's very much illegal, and if you don't want to do it yourself, you must delegate it to software publishers, like NPM for example, which will do it for you. I don't think many people realise how illegal Open Source really is, just because you want to wrap it in a "goodness for humanity" wrapper does not mean you don't have any legal responsibilities. There's no such thing is good/bad - it's a capitalist world and people need to wake up to that. At the moment, everyone can say do whatever they want to, never provide warranty / customer support and then justify it as "goodness" claiming they are building a better world. Are you really, or are you just tickling your own ego and self-importance? Capitalism is real, law is real and sanctions are real. Anybody who makes their open source code available to sanctioned countries while residing in countries like the EU that prevent that from happening, is breaking the law, and if they can't enforce non-download of their packages from npm and other registries, they must choose a platform where this can be enforced. Because somebody put something in the essentially public domain, does not void his/her responsibilities, and the caveat of not being able to delete your package from npm makes the whole Open Source enterprise technically illegal.

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