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Re: bug report format
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From:
Zefram via perl5-porters
Date:
March 24, 2023 19:40
Subject:
Re: bug report format
Message ID:
ZB38n3k+Hs+uJhpT@fysh.org
Ricardo Signes wrote:
>> changes without notice. I don't know what kind of changes would count
>> as "material", but it's obviously not every change that would have some
>> legal effect.
>
>I would argue that your reading is not only *not* obvious, but that the meaning of the language is *exactly* that:
The thing you quote doesn't support interpreting "material" as meaning
any change that has legal effect. There's some "significance" criterion,
apparently with quite a high threshold. Furthermore, the terms have
some detail about "agreement to" changes that don't qualify as material.
If non-material changes were only ones with no legal effect then there
would be nothing needing such purported agreement.
I also wonder why these non-material changes are so urgent as to need
to take effect immediately. Where does the urgency come from to make
a non-change?
This would all be very easy for GitHub to resolve, if they wanted.
They could have a system of explicit agreement to each version of the
terms, with technological enforcement by refusing service to anyone who
hasn't agreed to a sufficiently recent version of the terms. This would
avoid all questions about notice periods, materiality, and form of notice,
even for changes that they want to apply immediately, and would give them
a much better legal claim that users have actually agreed to new terms.
The fact that they don't do anything in this direction tells me that
having users act according to the ToS, or even be aware of them, isn't
their priority.
-zefram
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