I'm not a lawyer, but
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
seems pretty cut-and-dry to me. Can someone explain why that wouldn't indemnify devs?
I am a lawyer. Different jurisdictions have different rules, and often courts do not allow rights to damages to be contracted away. Also, under common law tradition, a written document is typically strictly construed against the drafter of the document. So, in other words, if it's a close call, the party who created the document loses. Of course I'm speaking in generalities.I have no knowledge of this specific case, and I'm a U.S. lawyer. So, take what I say with giant spoonfuls of salt.
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thanks for the insight!
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They are claiming that there is a fiduciary duty that is somehow tied to accessing their capital.
From the press release:
in my judgment there is much to be said for the submission that bitcoin developers, while acting as developers, owe fiduciary duties to the true owners of that property
There has to be a bottoms-up, community way, to prove that the devs do not possess that fiduciary duty individually or in aggregate.
If I had the time, knowledge, power & control, I would send a PR to Bitcoin Core, that transfers all of Satoshi's UTXOs to Craig Wright, cut a release, then just see if people run the node. When they don't, boom! Irrefutable proof that the devs don't have the power or fiduciary duty to restore access to the funds.
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I like this. You can count on me not to run that code ;)
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Hmm, for a million-coin payout, Creggy would spin up a Billion nodes using that code.
I know it wouldn't work, but boy could that cause some confusion & congestion. Best to skip this option. ;)
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