What probably happened here is depressingly common in early-stage startups. Someone finds an open source tool that does 80% of what they need, forks it, strips the branding, and then ships it. Nobody thinks about the license because the company is in "move fast" mode and there's no process for it yet.

Sure, the Apache 2.0 allows this, but the mistake is that when someone asked "is this based on SimStudio?" the answer was "we built it ourselves" instead of "yes, it's a fork, here's what we added." It went from a fixable attribution oversight to a credibility problem. You can retroactively add a LICENSE file, but can't take the lie back.

• jmspring

  today at 3:29 AM

  It also reveals how shallow the vetting YC does. This is both on delve and YC initially accepting them. There has been an acceleration of YC companies getting funding and a general decline in quality.

  • worik

    today at 5:39 AM

    Really? Can we no longer trust oneanother?

    • retsibsi

      today at 7:37 AM

      When 'oneanother' = strangers trying to get rich, when could we ever trust oneanother?

• GorbachevyChase

  last Thursday at 10:02 PM

  This is why I hope AI will destroy the entire SaaS market. These people should be selling used cars or life insurance and have no access to finance.

  • agency

    yesterday at 4:28 AM

    I'm sure all the vibe coded slop that eats the SaaS market will be better about license attribution.

    • oliwarner

      yesterday at 12:26 PM

      I hear what you're saying but I still think I'd prefer LLM-orchestrated software (using third-party dependencies) to closed source SaaS made by developers who can't even adhere to software licenses. It's a level of Junior Dev Energy that's unforgivable.

      • devin

        today at 3:00 AM

        You're going to get both. Lucky you!

      • mememememememo

        today at 4:45 AM

        Good luck, you are now a site operator of a non-core business function. I prefer the SaaS but just do some vendor DD.

        If you absolutely can't trust any SaaS it is equivalent to you cannot trust any vendor to do anything as they may fuck it up. You can solve that with DD.

        • oliwarner

          today at 7:45 AM

          The choice I was offering myself there was specifically between a bad developer abusing open source software and something vibed together to replace that specific function that uses the open source app within its licence. The assumption being those are the only two options.

          Obviously a false dichotomy for most real life scenarios but the point being that I'd rather do it myself (any which way) than trust a bad developer, doubly so for customer-facing operations.

          If there's another provider offering that function, sure, but let's talk rupees.

          • mememememememo

            today at 7:59 AM

            Oh yep. Get it now. Yeah vibe coding so to speak opens up other options. Excel on steroids (with the steroids on steroids)

  • neya

    today at 3:15 AM

    Honestly used car salesmen are far worse and should be replaced by AI too

    • carefree-bob

      today at 3:29 AM

      FYI, used car salesmen > new car salesmen because the affiliated dealers have a monopoly from the manufacturer and laws to prevent competition, whereas used car lots don't have these advantages and have to survive in a much more competitive environment. I know honest used car salesmen and have dealt with them. It's also more about the sales manager than the salesman working the floor, who actually has very little power with respect to pricing and mostly just follows a script and does logistics.

      Also, the used car market is much more efficient than the new car market. You are a lot less likely to get ripped off, believe it or not, when you buy used. It is also three times as large as the new car market, with much lower barriers to entry and no manufacturers carving up sales regions and limiting dealer franchises in each region, and penalizing vendors that sell outside their region, e.g. creating little local monopolies. Every used car dealer has to compete with carmax and carvana and hundreds of other used car dealers that have access to the same pool of buyers and sellers. They have to fight for those buyers and sellers. That's a very different situation than the four Toyota dealers in your metro. In fact the reason why Toyota dealers are especially bad in terms of ripping people off is because the Toyota product is so good and you have to go to them to get a new Toyota. But if you want a used Toyota, suddenly have 10x the options, and not one of them has a monopoly from the manufacturer.

      Not saying there aren't bad apples in used car sales, but it's a lot harder to survive long term on shady practices than if you are backed by a major manufacturer, have exclusive access to sell their cars, and also exclusive access to do recall and warranty repair. Those types of monopolies can prop up all sorts of bad practices.

      • neya

        today at 4:56 AM

        I completely agree with all the points made. It is 100% less likely for one to get ripped off buying used cars - mostly because I think you can skip the dealers in this process. The problem is the dealers and their insane markups. Maybe bad salesmanship is just a consequence of that.

    • jacquesm

      today at 3:48 AM

      Oh, now there is an idea for an app... how to bs your used car salesman right back.

      • wpollock

        today at 4:21 AM

        My fantasy: After the salesman says (for the 4th time), "Sorry, the manager won't approve that price, but if you could add X hundred dollars, I'm sure I can convince them!", I wait until they are through high-fiving each other and then tell the salesman "Sorry, my trust manager didn't approve that price. I'm sure I can convince him if you lower the price by X hundred dollars".

        My reality: I use my bank's car-buying service and pay the bank's negotiated price.

      • neya

        today at 4:58 AM

        Honestly, I think if anything, we need an app to replace the dealers. Every other problem might evaporate (albeit not completely) if this is addressed. Dealerships are the largest extortionist racket in the car market IMO.

• tikhonj

  last Thursday at 6:07 PM

  I wonder how much of that is posturing (less charitably, lying to outsiders) and how much is the organization effectively lying to itself.

  Both are indictment of today's ambient startup culture, and I'm not sure which is ultimately worse.

  • nickvec

    last Thursday at 7:15 PM

    Based on DeepDelve's recent follow-up article, I would assume the former. https://deepdelver.substack.com/p/delve-fake-compliance-as-a...

    • bavell

      yesterday at 1:33 PM

      Wow that's bad. Unsure if this is an outlier or typical for YC companies.

      • unknownx113

        yesterday at 7:04 PM

        sadly this behaviour has become largely encouraged by YC

    • redanddead

      last Thursday at 9:19 PM

      this is nuts

  • nikanj

    last Thursday at 7:29 PM

    Every layer of the organization tells a more rosy version of the truth up the chain of command. The programmer might tell the PM that they're running Apache software with the serials filed off, but by the time that filters up the chain to the CEO / Board, the product is "fully proprietary and 100% built in-house"

• aurareturn

  yesterday at 1:04 AM

  Many companies do not want to deal with open source and want support and custom features. I personally think you’re underestimating the value these companies bring.

  • today at 4:25 AM

• tptacek

  last Thursday at 10:10 PM

  Wait, the thing we're talking about is Apache 2.0?

  • flexagoon

    last Thursday at 11:19 PM

    Yes, so it explicitly requires source attribution

The project is Apache licensed, so even if they took it, outside of lacking attribution / retaining copyright, I don't see a problem? They would be require to add it to an "About" tab or something.

The project in question is here:

https://github.com/simstudioai/sim

• embedding-shape

  last Thursday at 3:45 PM

  I think the problem is more that they weren't honest about the origins, even if we disregard the point where they themselves break the license terms.

  > DeepDelver recognized that Pathways looked a lot like Sim.ai’s open source agent-building product called SimStudio and asked Delve if it was based on SimStudio. The Delve folks said they built it themselves, the whistleblower contends.

  If they were upfront about that it was a fork, and attributed it, sounds like there wouldn't have been any issues here at all.

  • giancarlostoro

    last Thursday at 3:48 PM

    That's fair, and a bit ridiculous considering the license allows them to do what they are doing, minus lacking the attribution. People are too illiterate on software licenses. If you're going to use open source software, learn the licenses you're using! I'm pretty sure GitHub literally shows you what you can and cannot do with specific licenses.

    Edit: Yeah they do. There's no excuse for goofing this up.

    https://github.com/simstudioai/sim/blob/main/LICENSE

    • i_am_jl

      last Thursday at 4:57 PM

      I think you're missing the crux of the problem here.

      "We didn't understand the licensing!" isnt usually an incredible claim, but it becomes so when it's being made by a company that manages software licensing compliance.

    • bawolff

      last Thursday at 6:44 PM

      > license allows them to do what they are doing, minus lacking the attribution.

      That's a hell of a caveat though. That is basically the entire license.

      Its like saying you are allowed to kill people minus that whole law about murder. Well like obviously. You are allowed to do anything minus the rules that forbid you from doing the thing.

    • embedding-shape

      last Thursday at 3:54 PM

      I barely finished high school and I can understand them, not sure why some find it so hard to, even the license texts themselves are relatively easy to read, understand and reason about, and there is tons of further reading material all over the web, some from actual law-firms that can help you understand how it applies in your country too.

      • mghackerlady

        last Thursday at 4:43 PM

        I can maybe understand not fully grasping how the GPLs work (I sometimes have to look at GNUs page of compatible and incompatible licenses myself) but something as simple as apache or MIT should be so dead simple it hurts

      • balamatom

        last Thursday at 8:27 PM

        The uncomfortable truth is that people aren't half as dumb as they give themselves credit for. Not being able to understand something is rarely, if ever, a skill issue.

    • swingboy

      last Thursday at 4:03 PM

      They assume if people knew it was just a fork of an open source tool then they would use the free, open source version instead of paying for the fork.

      • giancarlostoro

        last Thursday at 4:15 PM

        I don't disagree, but actively lying about it is still a violation of the license.

    • last Thursday at 9:30 PM

    • gzread

      last Thursday at 6:56 PM

      And if you're releasing open source software, learn the licenses you're using! You probably didn't intend a multimillion dollar AI startup to be able to just take your thing and call it their own.

  • evanjrowley

    last Thursday at 4:18 PM

    It's possible their spokesperson was not informed about SimStudio being the basis for Delve. Lots of people in sales and marketing do not know little about how open source software works.

    • embedding-shape

      last Thursday at 4:21 PM

      I'm not sure "Person who answered a question didn't actually know the answer" is such a good defense, almost worse than "We didn't understand the license", because the implications of having such people in your company seems way wider then.

      • evanjrowley

        last Thursday at 4:45 PM

        That is very much true. Lack of knowledge in a legal context is a very weak defense.

        Generally speaking, open source ecosystem knowledge is not something that shows up in job descriptions, interviews, or regular training for non-technical staff in most software companies. Hopefully that will one day be the case but until then there is a high likelihood that misleading statements can be made accidentally.

      • buremba

        last Thursday at 5:35 PM

        Compliance tech company who doesn't know about open-source. Interesting.

    • echoangle

      last Thursday at 4:55 PM

      Then maybe say „I don’t know, let me get back to you“ instead of „no, we built it ourselves“?

      • forgotaccount3

        last Thursday at 6:38 PM

        Yes, great response. But is the failing here an individual one 'This person is bad at their job and needs more training/be replaced' or a company one 'This company only hires bad people and we shouldn't use them'

        Every company of non-trivial sizes will eventually hire someone who is a bad hire.

      • 9rx

        last Thursday at 5:07 PM

        Understandably it can be difficult for the machines of HN to truly understand, but humans don't normally have that kind of exacting control over what comes out of their mouth. Those who have carefully developed the skill of having that control don't waste their time working at struggling startups.

        • echoangle

          last Thursday at 5:25 PM

          If you’re the spokesperson, I kind of expect you to think before you speak. I don’t think that’s a HN machine thing.

          • 9rx

            last Thursday at 5:32 PM

            No, it is. Humans understand that to err is human and thus have compassion for other humans. Human expectations are placed on full timelines, not instants in time. A human saying the wrong thing simply doesn't matter to other humans as they know that words are part of a larger dialog and surrounded by a vast array of other context.

  • CodingJeebus

    last Thursday at 4:25 PM

    I'd be more concerned about a shareholder lawsuit if Delve told their investors that they owned the IP of said platform.

• deng

  last Thursday at 5:28 PM

  > outside of lacking attribution / retaining copyright, I don't see a problem?

  That's a bit like a shoplifter saying "well, outside of not paying for it, I don't see a problem?".

  Apache 2.0 clearly says you must include the license, include copyright, state any changes you've made and include the NOTICE file. None of that was done, so this is a pretty clear violation of the license. The copyright holders can demand that this is fixed immediately, seek at least an injunction if that does not happen, and maybe even claim profits made from selling the software while violating the license.

• starkparker

  last Thursday at 4:36 PM

  You don't see a problem with a startup dedicated to handling legal compliance for customers repeatedly botching even rudimentary legal compliance of its own?

• WhyNotHugo

  last Thursday at 4:56 PM

  > The project is Apache licensed, so even if they took it, outside of lacking attribution / retaining copyright, I don't see a problem? They would be require to add it to an "About" tab or something.

  They used it without having a license. The apache license would have allowed them to use it, but they didn’t meet the conditions.

  This sounds equivalent to using paid software without paying to me.

  The original author could well claim that “the cost of a license under the terms which they used it is $2M”. After all, the cost of software licenses is entirely arbitrary and set by the author (copyright owner).

• axus

  last Thursday at 3:54 PM

  If you start a business relationship with people who rip-off and cover-up, you're going to have a bad time.

  • neilv

    last Thursday at 8:18 PM

    Unless you're playing a numbers game by in investing in "naughty" people, and aligning them to mutually-beneficial exit.

    You still have to be careful not to invest in imbeciles, but unethical is OK.

• wredcoll

  last Thursday at 3:45 PM

  Sometimes people consider morality instead of legality.

  • jacquesm

    today at 3:54 AM

    In this case though morality is their product. So they go down hard.

  • voidfunc

    last Thursday at 3:49 PM

    Good thing our legal system doesn't.

    • last Thursday at 6:09 PM

    • LocalH

      last Thursday at 6:11 PM

      Maybe it should

    • bluefirebrand

      last Thursday at 5:39 PM

      In what possible world is "our legal system cares more about law than morality" a good thing?

      Shouldn't morality be the basis for all of the laws?

      • Henchman21

        yesterday at 3:54 AM

        Whose morality exactly?

        • kyleee

          today at 3:09 AM

          The quran and hadiths, then the justice system would be fair

        • bluefirebrand

          yesterday at 4:58 PM

          It actually doesn't really matter whose. There are a lot of good ethical frameworks to start from that would lead to better outcomes than our current system of "Whatever makes the most money for powerful people"

          • Henchman21

            yesterday at 7:01 PM

            It rather matters to me if in your morality some people I care about are "problems". It matters to me if your morality is based on a religion specifically -- I find no reason to follow the worlds faiths, they seem much more concerned with control and/or prohibition of individual action than with fostering good societies or people. Being specific, I find the current incarnation of Christianity in the US to be particilarly immoral -- yet if we're going to start making law based on morality this is the most likely source to be applied where I live.

            So we disagree rather vehemently, except for "Whatever makes the most money for powerful people" is bad.

            • bluefirebrand

              yesterday at 8:41 PM

              > It rather matters to me if in your morality some people I care about are "problems

              This would not be moral in any serious ethical framework

              Edit: Human equality is often one of the most important topics in Ethics. Why do you think so much effort is put into depicting Others as Inhuman?

    • happytoexplain

      last Thursday at 3:50 PM

      [flagged]

      • ozgrakkurt

        last Thursday at 4:02 PM

        Really feels like there is a moral collapse all around.

        Seeing some people’s post about prediction (gambling) markets is another eye opener on this topic.

        Also the latest elected government of US is another one.

        Not sure if it was always like this or I grew up. But it for sure seems like there is a collapse.

        • plant-ian

          last Thursday at 4:21 PM

          Yeah I'm not sure if it's collapse or just the bad that was there all along has been let off the leash. I guess my point is I'm not sure that people lost their morals as much as the people with the morals lost the power.

          • unknownx113

            yesterday at 7:14 PM

            it's definitely a little of both. Founders my age (18-25 range) have spent the last 10 years of their life seeing that morally reprehensible behaviour is rewarded. Whether it be Trump, Musk, whoever - the reward circuit in their brain sees that being a scumbag results in success. The people who don't act that way keep their mouth shut or get publicly executed (metaphorically). It's funny that people still criticize Jobs for being hard when he was 10x a better person than 99% of AI founders.

        • withinboredom

          last Thursday at 4:25 PM

          I would say it was a collapse of ethics, not morality. Most people have morals (their own belief system on what is fair), but their morals may not be ethical (rule-based morals to achieve fairness). I personally attribute it to cars and the internet.

          The internet removed consequences. You can say the most vile thing imaginable to another human being and… nothing happens. No social cost, no awkward eye contact at the grocery store, no reputation hit in your actual community. Just a dopamine hit and a notification count.

          Cars did something sneakier. We spend hours every week sealed in a metal box, alone or with the same people. No random encounters, no friction with people who think differently. Just you, your podcast, and whatever is important in your tiny echo chamber.

          Put those two together and you get people with deeply held morals and zero framework for applying them to anyone outside their bubble. Ethics requires seeing strangers as real. We've engineered that out of daily life.

          • unknownx113

            yesterday at 7:17 PM

            this is really mind-boggling to me as someone who grew up on the (old) internet.

            I think the reward factor is also a large part of it, for most of the last 10 years young people have seen that unethical behaviour results in success. For a developing brain, it's easy to see how that resulted in the current state of SV.

        • dminik

          last Thursday at 9:55 PM

          Sometimes the impression I get from commenters on HN is that they would sell their own grandmother for money.

          Much less than just not considering morals/ethics, it's seen as a weakness here.

          • unknownx113

            yesterday at 7:18 PM

            Too true. I won't say who it was but a prominent partner in my batch referred to, essentially, a lack of morality as a "competitive advantage". I went back to the east coast after lol

        • unknownx113

          yesterday at 7:09 PM

          the behaviour that was one socially unacceptable in Silicon Valley has become mainstream. The woke stuff went way too far and, like everything, the pendulum swung back the other direction with equal force. VCs are largely the problem as they set the tone. I have a lot of personal acquaintances that work in VC, and legitimately all of them fall on the spectrum of morally dubious to outright reprehensible.

      • cwmoore

        last Thursday at 4:25 PM

        Agreed, the ultimate state-monopoly on use of force, right to private property, legislated penalties and remedies, the time and expense of pursuing fairness, in the absence of full moral consideration, or common sense for lack of a better term, is a giveaway to entrenched authority, attorneys or deep-pockets, and not a sensible approach to dynamic real world right and wrong.

  • s5300

    last Thursday at 4:15 PM

    [dead]

• Steve16384

  last Thursday at 3:56 PM

  But they didn't attribute it. Or does this not really matter?

  • NewJazz

    last Thursday at 4:45 PM

    Exactly the article brushes over this too, painting it as not abbig deal. But IMO it is a huge deal. Open source licensees have very few terms usually, making the terms that do exist extremely important to satisfy so that a user is in good standing.

    This phrase in the article in particular is frustrating:

    DeepDelver calls this “stealing intellectual property,” which is a bit of a stretch, since open source tools are freely available to be used, if they are properly credited.

    Oh because my license terms are more liberal, it doesn't matter as much when you break them?? Really? Bonkers that they would publish that.

  • giancarlostoro

    last Thursday at 4:16 PM

    It does matter, that's one of the requirements.

• cestith

  last Thursday at 7:49 PM

  Copyright infringement is always a problem.

• croes

  last Thursday at 5:30 PM

  Ask yourself why they didn’t do that in the first place.

• mvkel

  last Thursday at 3:46 PM

  Yep. While maybe it's "not cool," (I guess, depending on how much work Delve did in their fork, in which case it could be "totally cool"), there is no legal problem with doing this and if someone is "blowing the whistle" about this, they don't really understand open source.

  • solid_fuel

    last Thursday at 8:41 PM

    > there is no legal problem with doing this

    They are explicitly forbidden from doing this without attribution. So yes, there is a legal problem with this. All they needed to do to avoid that was provide attribution, but Delve was staffed with such morally bankrupt and incompetent individuals that they couldn't even do that.

  • mrgoldenbrown

    last Thursday at 4:35 PM

    How is there no legal problem with violating the license terms, which explicitly require attribution?

    • NewJazz

      last Thursday at 4:46 PM

      It's not a copyright violation because the readme says open source somewhere!!! /s

  • mvkel

    last Thursday at 9:15 PM

    Replying to my own comment -- didn't realize it was Apache, thought it was MIT. Flame on!!

    • elashri

      last Thursday at 10:55 PM

      But MIT also requires Attribution, it is actually the only thing asked in MIT licence.

  • malcolmgreaves

    last Thursday at 4:14 PM

    > A permissive license whose main conditions require preservation of copyright and license notices.

  • nickvec

    last Thursday at 5:48 PM

    You clearly did not read the article. Why post something so confidently when you're not even informed on the topic?

In the long list of Delve's misdeeds, this is probably the least of them.

• acdha

  last Thursday at 5:34 PM

  Perhaps but it’s quite informative as a cultural indicator: someone who sells open source code for millions despite not having a license to do so is almost certainly cheating in other areas as well. Like if my CFO was cheating on their spouse, it wouldn’t directly tell me that they were cheating the company but given that prior it’s significantly more likely that they view other promises as only binding if you get caught.

The thing that strikes me as odd is how is it that Delve becomes an unicorn superstar (by iself), and the company they steal stuff off of, is much much less of a success story.

It would make more sense that the people who actually built the thing would do the thing better and do it first.

• MeetingsBrowser

  last Thursday at 4:01 PM

  I think in real life, cheaters win.

  Without proper punishment, groups who "play fair" are at a strict disadvantage against those willing to break the rules.

  At least in the US, we seem to be rapidly moving away from punishing groups for breaking the rules. All the mega successful companies (and people) seem to break a lot of rules to get there.

  Conversely, the honest "play by the rules" groups can't be mega successful. Without punishment, the cheater always wins.

  • altairprime

    last Thursday at 6:00 PM

    The U.S. has always idolized charismatic grifters. Tech revolutionized charisma, by showing that interpersonal charisma isn’t the correct filter: asociability, or perhaps the more familiar amorality, is. The ability of someone to extract and upstream value without engaging in ethics is correctly labeled as more important than being warm and friendly.

  • superxpro12

    last Thursday at 5:17 PM

    The words for this is "regulatory capture" and "deregulation". And yes, its been happening for a long time.

    And now that right-wing groups are buying up all the media, we wont be hearing about it for much longer.

    • epolanski

      last Thursday at 11:57 PM

      When politicians and pundits talk about deregulation the viewer is thinking about less hassle to set up a company or do inter state trade.

      What really happens instead are ecological, ethical and financial stresses of all kind.

  • epolanski

    last Thursday at 11:55 PM

    > At least in the US, we seem to be rapidly moving away from punishing groups for breaking the rules.

    Famous recent example: prediction markets are unlawful under the Dodd-Frank's act but the Trump appointed CTFC's head has stated it will ignore it.

• input_sh

  last Thursday at 7:16 PM

  Actually building something useful and fun and spending your time convincing investors to give you enough money to maybe turn it into a profitable business some day are not really complimentary personality traits.

  Steve Wozniak alone could've maybe built Apple without Steve Jobs, but his time would be wasted by doing something he (presumably) didn't enjoy very much and it would've been a much bumpier road.

• jacquesm

  today at 3:55 AM

  YC backing. That's all it takes. Taken an existing idea that has legs (preferably one you find in Europe or Asia), then take it to the US, apply to YC and say you already have validation see 'startup x'.

  • oefrha

    today at 4:39 AM

    > Adding to the awkwardness: Sim.ai was actually a Delve customer, Karabeg told TechCrunch. Both startups were grads of the startup accelerator Y Combinator, and Y Combinator alumni frequently buy each other’s products. So while Sim.ai paid Delve, Delve did not do the same for Sim.ai.

    So it’s not all it takes.

    <s>Cheating</s> sorry hustling and <s>bullshitting</s> sorry storytelling are more important.

    • jacquesm

      today at 5:22 AM

      It's a special level of disgusting, that's for sure. And I though Installmonetizer was pretty bad, this one goes well beyond that.

• mikert89

  last Thursday at 4:11 PM

  Basically YC + MIT background is a license to raise infinite capital. So they just needed to check some revenue boxes etc.

• nikanj

  last Thursday at 7:30 PM

  Even if the prospective investors smell a rat, they might decide that it's likely that a greater fool will arrive on the scene later - justifying investing in a known scam

I had someone steal my MIT open source software (that I sell for $5) and they are selling it for $11 or more. My software is 8+ years old; they are lying to the customers that they have been developing theirs for years. Very frustrating.

mine: https://videohubapp.com/

my GitHub: https://github.com/whyboris/Video-Hub-App

grifter: https://videocliplibrary.com/

• tasuki

  last Thursday at 10:28 PM

  Also you didn't mention you send $3.5 of the $5 to charity! Their Discord has three members, so perhaps it's not very popular? The "creator" lists themselves as "Peoples Grocers" and their website is a weird not-even-half-assed copy of Simon Willison's Weblog: https://peoplesgrocers.com/

  • nickvec

    last Thursday at 11:02 PM

    Yikes. jfyi @simonw

• simantel

  last Thursday at 10:18 PM

  How can someone steal MIT-licensed software? The license says:

  Permission is hereby granted [...] to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software [...]

  If you don't want other people to be able to sell it, don't use an MIT license.

  • flexagoon

    last Thursday at 11:32 PM

    The license also says:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    If the copyright attribution for the original code is missing, that violates the license. MIT is not a "no rights reserved" license like 0BSD or Unlicense.

• alsetmusic

  yesterday at 3:04 AM

  Looks like something I can definitely use. I just bought your app. Hope the thief's computer crashes and they don't have backups.

Seems to be encouraged at YC

Don' think SoC compliance is as automatable as much as investors hoped to. This mistrust and over trust in AI is based on a technology that Google invented and didn't pay much attention to themselves because they knew it isn't as reliable or that useful to the point where its output is so definitely reliable that it requires zero human input.

The coding agents succeeds because apart from wanna be SaaS indie vibe coders, other serious users of AI agents for coding are themselves pretty strong and competent software engineers that won't let slip things easily and have years of experience and a taste in what is architecturally correct and what is nonsense and when and how to steer in what direction.

Other fields - if they have to review every output of the LLM such as in finance running totals and such to verify the results of an LLM makes their usage not as much useful.

• nikanj

  last Thursday at 7:31 PM

  It's fully automatable. The secret ingredient is fraud.

The scrubbing of old posts says much

• giancarlostoro

  last Thursday at 3:43 PM

  If they really did, they just need to attribute to the original project, its Apache 2 licensed, not AGPL or something that requires sharing code. I swear Software License Literacy needs to be a require course for all CS students.

  • dmitrygr

    last Thursday at 3:52 PM

    You do not get to “just” retroactively fix copyright infringement (which is what this was). Try it with Disney sometimes.

    • giancarlostoro

      last Thursday at 3:57 PM

      I'm not a legal expert to be fair, but it would definitely be the bare legal requirement, though them lying about it is probably what will get them in bigger trouble.

      • kbelder

        last Thursday at 7:49 PM

        They'll definitely be required to either add the attribution or stop using the code.

        There can be punitive fines for copyright violation, moreso if the copyright is registered. I think there's some leeway there for the court.

        There also may be damages. In the case of, for instance, illegal distribution of a Disney movie, Disney may be entitled to the amount of sales they supposedly lost.

        It makes me think that open-source projects should routinely offer their product for sale, without the attribution requirements. Then, if another company violates their license, they have a tangible dollar figure they can point to and say exactly how much revenue was stolen.

      • dmitrygr

        last Thursday at 5:00 PM

        I encourage you to try selling copies of some Disney movies and Nintendo game rips on your website, representing them as your own work, and when they notice, to offer to "just delete them".

        • giancarlostoro

          last Thursday at 6:55 PM

          This is beyond what we're talking about though, you're referring to copyright infringement. I'm referring to an open source licensed software that ALLOWS commercial use, the only requirement is attribution.

          Your example only makes sense if the company stole the code from a proprietary repo, like a hostile former employee.

          • dmitrygr

            last Thursday at 7:04 PM

            All copyleft licenses are built on top of copyright law. That is their one and only enforcement strategy, by design. So we are in fact talking about the very same thing. Here, read: https://sfconservancy.org/blog/2012/feb/01/gpl-enforcement/#...

        • Dylan16807

          last Thursday at 7:35 PM

          That analogy only works if there was a place you could signup for free to allow you to host and sell those files.

          As-is, it's so far off it's useless. Even though both situations involve copyright in some manner.

          • dmitrygr

            last Thursday at 7:56 PM

            I again point out that ALL copyleft licenses are built on copyright, so my example is perfectly valid - one way or another it is copyright infringement,

            https://sfconservancy.org/blog/2012/feb/01/gpl-enforcement/#...

            • Dylan16807

              last Thursday at 8:56 PM

              What am I supposed to say here. I already acknowledged that and said it's not good enough to make the analogy work. If you repeat that point with no elaboration, you're basically just saying "nuh uh".

No shame rewarded as expected in the post-cluely world of contemporary VC.

• ghqst

  today at 3:33 AM

  what's interesting to me about Cluely is that they had one of the smartest programmers I know there doing really cool stuff with React... and then they got laid off when the core team moved to New York

Is it a companies fault for extracting value where you didn't see it earlier or is this an argument about Companies taking permissive-licensed code (MIT/Apache), barely improving it, and selling it?

Delved too greedily and too deep, it sounds like

With all these shenanigans surrounding Delve it's a good thing I switched to YoureAbsolutelyRight.io.

Old news.

https://news.ycombinator.com/item?id=47609310

• nickvec

  last Thursday at 4:21 PM

  Sorry your thread didn’t gain traction, but this isn’t old news by any means. No need to be salty.

  • SanjayMehta

    today at 6:22 AM

    Not salty. Just amused. Am pretty sure that this dang fellow has my posts filtered out of the RSS feed.

• acdha

  last Thursday at 5:35 PM

  Recent news, but I do sympathize that your earlier thread didn’t get attention. One thing I think helped this one is that HN has more people who care about open source abuse than Delve specifically so this headline gets more attention.

  • nickvec

    last Thursday at 5:52 PM

    Yeah, I felt like the TechCrunch title was a bit clickbaity ("The reputation of troubled YC startup Delve has gotten even worse"), so I opted to write my own title, which I feel helped get this thread on the front page.

• Dylan16807

  last Thursday at 7:39 PM

  That was posted 12 hours earlier. What's your definition of old?

  • SanjayMehta

    yesterday at 1:23 AM

    /s

instead of calling this corporate malfeasance lets call it what it for what it really is:

its Bunch of inexperienced people (kids really) stealing stuff from each other. (Not a proper 'Compliance' company) -The CEO is like 22 years old!!! WTF guys you think this guy knows compliance??? lol

Ie in a fast high pressure environment called Y Combinator where the 'adults' are pressuring and hyping each other's products and stealing open source, AI generating and in general trying to productize every crappy idea they can think of to capture some VC or investor who is too dumb to do proper due diligence in the AI gold-rush and hype train

On top of that engineering is so high pressured and awful these days e.g this video from the kids in silicon valley: https://youtu.be/0tLEszJs7hc?si=OXrJqPg-5PhVGnYT

• wg0

  last Thursday at 5:44 PM

  More on that: https://www.youtube.com/watch?v=ahDQ6SSK1Y0

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• neutronicus

  last Thursday at 4:26 PM

  Does that blog post have a glowing smiley face with "A BUNCH OF N***ERS" written in on it in pixelated text?

  Would think twice about linking that one in polite company.

  • MSFT_Edging

    last Thursday at 4:34 PM

    Not defending it, but the meme itself is derivative quote from the developer of TempleOS. He suffered from Schizophrenia and believed the CIA was tracking him. He believed you could tell a CIA agent due to them glowing, and would refer to them as "glowy nwords" very regularly.

    The term "glowy" has taken on a life of its own despite the original context. The image itself is from it's 4chan days. Probably poor taste to include a version with Terry's full quote.

    • kstrauser

      last Thursday at 5:06 PM

      I'm sympathetic to Terry saying that. The guy had measurable brain damage, and it's hard to blame someone for doing things when it's their damaged brain that decides to do them. It's like getting mad at a diabetic for having high blood sugar.

      But I can certainly squint at other people when they spread Terry's quotes and memes.

      • bluefirebrand

        last Thursday at 5:47 PM

        > But I can certainly squint at other people when they spread Terry's quotes and memes

        Someone can use language you disagree with but still have a point if you dig past it. I also happen to personally think it's important to engage with this sort of thinker at least sometimes

        Insisting on polite, formal language can be a type of bigotry too you know. It's historically pretty classist, and lately also indicates a sort of neuronormative bigotry.

        Idk, some food for thought

        • switchbak

          last Thursday at 5:58 PM

          Wait - not conversing with someone who thinks it's fine to post the N word is now classist and some kind of neuro-whateverthefuck bigotry?

          No it's not, it's enforcing the norms of civil discourse. If they have some kind of actual underlying issue that causes this and it's legit beyond their control - then sure, go the extra mile and try to meet them where they are.

          If on the other hand, it's some annoying person who likes ruffling feathers on purpose - I really think they ought to be ostracized for such behaviour.

          • NonHyloMorph

            yesterday at 9:31 AM

            There is still a difference here at play you haven't addressed yet: "posting" here sounds like its some form of direct speech i.e. the author is using the nword as part of their terminology. The context is what is the deciding factor. Does the display of a specific cultural artifact stand to represent itself and and thus point towards its own specific context, or is it a stand in for the authors speech, with a thin veneer of displacement of authorship that ambiguates thuer racist bias. The argument against classist bigotry is also "just something to think about" and not identified specifically with saying the n-word" Also there might be some contexts in which this identity might be a valid argument - e.g. some works of black artist/thinkers/writers philosophers etc. (E.g. sylvia wynters ceremony must be found, the music of aanderson paak etc.) Well thinking about it: As a rule of thumb it seems pretty reasonable to not converse with people who >>post<< the nword as long as it is not a dogma that takes the responsibilty of contextual awareness away. (Not certain about the context here, haven't properly read the article)

          • kstrauser

            last Thursday at 6:04 PM

            Right?! I feel like we must be being trolled.

            Short of something like the recent event with the chap with Tourette's saying awful things at the BAFTA awards, or Terry Davis with schizophrenia saying outlandish stuff, there aren't many scenarios where I'd be willing to give someone a pass on this.

            If you have the ability to choose not to use the n-word, and you're not in a group that can use it self-referentially among your peers, and you use it anyway, then you're an asshole and I don't really care to hear what else you have to say. I feel pretty OK with that blanket assessment.

            • bluefirebrand

              last Thursday at 7:18 PM

              > Short of something like the recent event with the chap with Tourette's saying awful things at the BAFTA awards, or Terry Davis with schizophrenia saying outlandish stuff, there aren't many scenarios where I'd be willing to give someone a pass on this.

              "There are some scenarios where you might want to give people a pass for reasons outside their control" is literally the only point I was trying to make

              So I guess we are in violent agreement?

              Edit: also, you will never actually discover which people you should give the benefit of the doubt if you categorically dismiss anyone who uses language you dislike

          • bluefirebrand

            last Thursday at 7:55 PM

            > No it's not, it's enforcing the norms of civil discourse

            You don't see how that is exclusionary to people who struggle with norms?

            I guess if you're born neurodivergent and can't handle social norms, you don't deserve any kind of grace. You can't ever contribute anything worthwhile or meaningful if you don't live up to all of society's polite norms. Good to know

            Never change Hacker News

            • ChrisMarshallNY

              last Thursday at 10:51 PM

              Speaking as one, I have found that I have never gotten "grace" from most folks. A few folks have been especially patient with me, over the years, and for that, I'm grateful; but they haven't been the norm.

              I used to go to Japan, quite often, and watched Americans violating societal norms, all the time. The Japanese were usually fairly good at not lashing back, but I could see them visibly restraining themselves, sometimes. Over the course of about a decade, I learned to at least respect their ways. I found the Germans to be less accepting of annoying Americans (and I was one). I learned a lot quicker, there.

              I know that many folks think that self-diagnosing as "on the spectrum" is considered some kind of "get out of jail asshole" card, but that's just an urban myth. If you're an asshole, you'll usually be treated like one; no matter the reason.

              https://www.youtube.com/watch?v=mrblUUIG8So

              • bluefirebrand

                last Thursday at 11:49 PM

                > Speaking as one, I have found that I have never gotten "grace" from most folks. A few folks have been especially patient with me, over the years, and for that, I'm grateful; but they haven't been the norm

                This mirrors my experience too. I think my bitterness about that is on full display in this thread

                • ChrisMarshallNY

                  yesterday at 10:51 AM

                  Well, in my case, I had to learn that I live in the NT (neurotypical) world; not the other way around. It's my job to adapt, and it's unreasonable for me to assume that others will, for me.

                  In my experience, it's been worth it.

                  Growing up overseas, in many different cultures, I think, has helped me with this.

                  I wish you luck.

            • kstrauser

              last Thursday at 8:34 PM

              Oh behalf of the neurodivergent people surrounding me, 100% of whom successfully resist any temptation to say the n-word in my presence that they may ever feel, it's reprehensible that you're conflating racism and neurodiversity. I've never, not once, ever, heard someone blame their racism on ADHD.

              • bluefirebrand

                last Thursday at 9:53 PM

                You've never encountered someone who is pretty autistic and doesn't care about (or perhaps understand) the social consequences of using slurs?

                Or someone bipolar who gets kind of erratic and can say really out of character stuff when they are going through a manic episode?

                Or someone with tourettes that might say something that pops in their head unexpectedly?

                Sure thing about ADHD. You're right that people with the executive function disorder don't tend to blurt wild social faux pas. But there are also people with social function disorders who might.

                It doesn't necessarily mean they are terrible people

                • kstrauser

                  last Thursday at 10:37 PM

                  This is an insultingly narrow definition of "neurodivergent" limited to people with profound impediments to social functions.

                  I'd already explicitly excluded people with Tourette's and other major challenges, but you knew that, so now I presume you're arguing for the sake of arguing. Have a nice day.

                  • bluefirebrand

                    last Thursday at 11:05 PM

                    I just want you to know I'm similarly frustrated with you and also feel you are arguing just to argue, and deliberately trying to take my words in the worst possible light

                    Like seriously.

                    > This is an insultingly narrow definition of "neurodivergent"?

                    No! I'm trying to define it as a broader scope of behaviors than just "my friends with ADHD" like you did!

                    What a frustrating interaction. I hope you're pleased with yourself

          • guelo

            last Thursday at 7:17 PM

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        • kstrauser

          last Thursday at 5:59 PM

          Ahem, bullshit.

          No. There's a huge, eye-wateringly vast gap between impolite, informal language and racial slurs. I happen to personally think it's completely unimportant to engage with someone actively calling someone else the n-word.

          That's not classist, and in no way neuronormative bigotry, unless we're classifying racism and generalized bastardry as a mental illness.

        • alsetmusic

          yesterday at 2:50 AM

          > neuronormative bigotry

          I'm neurodivergent (diagnosed) and under the care of two mental health professionals and I'll just say I don't have tolerance for people using slurs.

          As much as I appreciated the point being made in that article, once someone pointed out the image and I went and read it, I won't ever choose to share it with anyone because that image is discrediting. The writing had the intended effect on me and at the same time I'd be ashamed to link to it.

          Yes, I'm a bigot against bigotry. It's unacceptable.

    • switchbak

      last Thursday at 5:53 PM

      "Probably poor taste" ... it's the fuckin N word, in the context of software licenses. Of course it's in poor taste, that's putting it mildly.

      The whole thing reeks of 14 year old turned 38 year old smelly edgelord nonsense, not something I would post, that's for sure.

    • lynndotpy

      last Thursday at 6:51 PM

      In the most generous interpretation possible, I still would not say it has taken on a "life of its own", it's still very well rooted in the context of the belief the CIA plants black people in locations for gangstalking.

  • lynndotpy

    last Thursday at 6:47 PM

    In case it is pertinent for anyone clicking, the source article does not censor the text, but it is a little blurry in the image.

  • giancarlostoro

    last Thursday at 5:01 PM

    Hot damn, I did not notice the Terry Davis meme on the blog post had that. I wonder if they noticed the font at all or not.

  • PhilipRoman

    last Thursday at 4:38 PM

    Didn't notice it, to be honest.

  • gzread

    last Thursday at 7:01 PM

    No, it doesn't, and honestly, your comment comes off as trying to steer people away from clicking the link and learning the actual point of what's being linked to.

    • neutronicus

      yesterday at 12:06 PM

      It definitely does, and I am.

      The corpus of work on this exact topic is so vast, and so overwhelmingly bereft of distracting racial slurs, that I think we can safely discard this contribution.

    • fineIllregister

      yesterday at 9:50 AM

      I didn't notice it as well, but it definitely does. Double check the green smiley face, below the mouth. Since so many people missed it, I wonder if the author did too.

  • mghackerlady

    last Thursday at 4:52 PM

    he's gone way off the /pol/tard deepend. He used to be a pretty good source for GNU/Linux tutorials but man he's insufferable

• giancarlostoro

  last Thursday at 3:52 PM

  Personally I like GPL for core systems type of software, like an OS. I don't care what license you put desktop applications under, could be MIT, could be proprietary. I make software for a living, open source has a cost. If you want to profit off your open source software and have a competitive advantage against people forking it, you should 100% license it accordingly. I put a lot of thought into my projects before licensing them, I would hope others do as well.

  My default is almost always MIT though.

• Jiro

  last Thursday at 4:24 PM

  Using the GPL like this doesn't help unless you are willing to sue people. If you can't or won't sue people, all that happens is that the software with the GPL license is avoided by people who want to use it in GPL-incompatible ways but have a conscience, while bad people still take it and use it anyway, and since you're not going to sue them, they don't care that they're violating the license.

• applfanboysbgon

  last Thursday at 4:23 PM

  In reality, GPL is also a cuck license. There is absolutely nothing stopping somebody in India forking your open source game, throwing ads in it, and uploading it to an app store. You cannot prevent people from making money off your free work, and the fact that it is a profitable endeavour for them will lead to them spending money on marketing, "outcompeting" your non-product and providing a strictly worse experience to people who don't know they could get it for free / without ads.

  It doesn't even really need to be India, it could just as well be stolen by someone in your country. The vast majority of open source developers don't have the time to invest into copyright protection. Trying to actually enforce your license is signing up for a years-long nightmare of wasting your time, energy, and money dealing with the legal system for, in the end, no real value to yourself. If you release something as open source, you pretty much need to be ready to accept that your license is meaningless when it meets contact with reality.

  This is all the more true with LLMs existing now, which are freely used to launder copyright licenses. Maybe in the past GPL would've made Microsoft or Google, at least, think twice about using your code, but now their developers will prompt GPT to reimplement your code.

  • withinboredom

    last Thursday at 4:29 PM

    This is why I prefer the AGPL over the GPL. But isn't this the entire point of open source? So long as it is attributed/following the license, who cares if they're selling it or not?

  • lynndotpy

    last Thursday at 7:02 PM

    I agree with your analogy, but as an aside... "Cuck license" is not a phrase that's a term of art outside this blog post and I don't think it's a useful lens for understanding how software licenses work.

    It also seems divorced from the practice of intentional cuckoldry. Any "bulls" would know that a more apt analogue would put Amazon and Delve and others as the cucks (expending energy to create arrangements where they can sit back and watch others do the work), and the open source contributors as the 'bulls' or 'cuckqueans' (the ones who actually do the work, but they do it because they find it enjoyable).

    Luckily, software licenses aren't really so difficult to understand, and it behooves us to understand them in specifics. So I don't think it serves an illustrative purpose to insist on an analogy where writing software is like being physically intimate with someone elses spouse. I think the author just intends to signal political affiliation through the soft-shibboleth of Being the Type of Guy to Say Cuck A Lot.

    • f33d5173

      last Thursday at 7:04 PM

      > outside this blog post

      It's a /g/ meme, from where luke presumably got it.

    • zem

      last Thursday at 8:06 PM

      > I think the author just intends to signal political affiliation through the soft-shibboleth of Being the Type of Guy to Say Cuck A Lot

      agreed, I got strong edgelord vibes off that. completely distracted from any message the poster wanted to convey.

  • delfinom

    last Thursday at 5:29 PM

    >. You cannot prevent people from making money off your free work, and the fact that it is a profitable endeavour for them will lead to them spending money on marketing

    You can in-fact file a copyright claim against them if they fail to provide the source and attribution.

  • gzread

    last Thursday at 7:07 PM

    You can submit a DMCA takedown notice to the app store, and they must take it offline for 14 days and give you the contact details of the perpetrator, or else you can sue the app store for not doing that.

    • applfanboysbgon

      last Thursday at 7:44 PM

      > they must take it offline for 14 days and give you the contact details of the perpetrator

      These specific actions are definitely not part of the DMCA. In fact, it's basically the reverse. Unless you hire a lawyer to represent you, you must dox yourself to file a DMCA claim, which will involve handing over your name, address, and phone number to the platform committing the infringement against you, with the DMCA complaint requiring swearing under penalty of perjury that you are not falsifying any details.

      > else you can [sue] the app store for not doing that.

      This is, I think, the fantasy belief of someone who has never engaged with the legal system. You submit a notice of copyright infringement. They ignore it. Now what? Are you, as an independent developer, prepared to spend years of your life fighting to have it taken offline, out of pure spite, because you aren't going to get anything near the effort you put in? Even if you "win", you still lose, because it's just not worth it.

      This is assuming you're even aware of the infringement. It was pure luck that I happened to discover the copyright infringement, in my case. It would be very easy for somebody to never discover that their game was re-labelled with a new name in a foreign app store. And once aware of it, actually trying to enforce my copyright quickly disabused me of the notion that copyright law could ever benefit individuals in any meaningful way.

Packaging up open source projects and selling them is done all the time is done all the time and is a good business model since you can outsource a lot of the work and bug fixing to people who will do it for free instead of having to pay someone.

• mrgoldenbrown

  last Thursday at 4:39 PM

  The selling wasn't the problem here. The problem was lying about what they were doing and violating the terms of the license.

So they added marketing and support on top. Sounds like how you run a business.

That's one thing I'm loving about AI adoption and everyone vibe coding, the importance of open-source. When I was learning how to code, it blew my mind when I realized proprietary companies were built on the shoulders of great open-source projects. These provide a nice UI/UX and the marketing, but AI coding is making that less and less of a moat.