Appliances giant Haier reportedly issued a takedown notice to a software developer for creating Home Assistant integration plugins for the company's home appliances and releasing them on GitHub.
Based on the verbiage of the threat from haier it kinda sounds like they don’t have a leg to stand on. Short of just the financial cost of fighting this blatantly bullshit lawsuit should they file one. The TOS isn’t the law, so to demand the devs to cease all illegal activities means nothing here.
You are right, TOS isn’t the law. However businesses will try to trick you with this technique, especially if they don’t think you have any legal support. You can’t commit a crime just because the victim agreed to it, no amount of contracts negate this. Employers often pull this trick to force employees to accept illegal practices.
The person hosting and publishing the code may have never agreed to the TOS. So can’t be bound by it. They also can revoke their agreement, and no longer have to comply with it. However, continued use of the businesses web services likely requires agreeing to the TOS and this plug in may be using the businesses web services to make the plugin work.
Based on the verbiage of the threat from haier it kinda sounds like they don’t have a leg to stand on. Short of just the financial cost of fighting this blatantly bullshit lawsuit should they file one. The TOS isn’t the law, so to demand the devs to cease all illegal activities means nothing here.
Or am I misunderstanding something?
You are right, TOS isn’t the law. However businesses will try to trick you with this technique, especially if they don’t think you have any legal support. You can’t commit a crime just because the victim agreed to it, no amount of contracts negate this. Employers often pull this trick to force employees to accept illegal practices.
The person hosting and publishing the code may have never agreed to the TOS. So can’t be bound by it. They also can revoke their agreement, and no longer have to comply with it. However, continued use of the businesses web services likely requires agreeing to the TOS and this plug in may be using the businesses web services to make the plugin work.