this post was submitted on 19 Jan 2024
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I'm not really big on "let's make a movement", but this independent dev has been hit with a cease-and-desist from making a FOSS Home Assistant addon for their Haier air conditioners.

Haier claims that they are losing out on millions of dollars due to this plugin which... lets you control their air conditions from home assistant. They haven't bothered to explain how that's possibly worth millions of dollars - they're just claiming it.

So of course they hit the Streisand button and are demanding that he takes it down. He of course is complying... in a couple of days. Maybe you see where this is going.

It would be an absolute shame if any of you just happened to create a fork, or clone the code, or mirror it in your own instance. An absolute shame.

Just so everyone here knows which repositories NOT to clone or fork, here are the two links:

and please, don't repost this anywhere, or share it in other communities, or anything like that. It's a shame that so many people already know and are making clones. I'm just letting you know so you don't do anything like telling others who may make their own copies.

(sidenote: Haier owns GE Appliance, so for our American folks it may affect you folks too)

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[–] the_beber@lemm.ee 102 points 10 months ago (3 children)

I hate how cease and desist are essentially blackmail. Even if you did nothing wrong, you can still get fucked over by costs of a potential legal battle.

[–] TWeaK@lemm.ee 44 points 10 months ago (1 children)

It's a bigger problem in the States than elsewhere. In the US, awarding legal costs is the exception, not the norm, so someone with a lot of money and access to lawyers can basically intimidate a defendent into avoiding court. In the rest of the world, courts are much more likely to award costs to a defendent who has done nothing wrong - if you file a frivilous lawsuit and lose, you'll probably have to pay the costs of the person you tried to sue.

This guy's in Germany, so I think he'd be alright if he clearly won. The issue, however, is that courts aren't really equipped for handling highly technical cases and often get things wrong.

[–] density@kbin.social 0 points 10 months ago (1 children)

But the defendant still has to put the funds up in the first place? It's a huge gamble and most people don't even have the ante available.

Is there anywhere in the world that has a robust and comprehensive public funding for legal entanglements of all types?

[–] NeoNachtwaechter@lemmy.world 0 points 10 months ago (1 children)

But the defendant still has to put the funds up in the first place? It's a huge gamble

Good point. Actually it isn't a huge gamble in Germany, other than in Usa (which is again the extremely worst example).

Costs of legal defense are moderate. There is a public tariff for lawyer costs and for court fees. So the only areas where you even have a chance to spend huge amounts are finding or creating evidence (private investigators etc), or hiring too many lawyers.

[–] density@kbin.social 0 points 10 months ago (1 children)

It seems that hourly rates of german lawyers are €100 to €500 which is about what I would expect. Even a few hours of time is a lot. To explain the case, have the lawyer or their designate review it, prepare for a case and show up to court is many hours at a minimum. Even if it is a simple matter.

[–] NeoNachtwaechter@lemmy.world -1 points 10 months ago* (last edited 10 months ago)

That linked text is very, very wrong.

Better delete your comment about it, from lemmy and from your brain.

[–] possiblylinux127@lemmy.zip 21 points 10 months ago

That's the problem of the legal system. You can get acused of a crime falsely but still end up bankrupt and alone.

[–] SnotFlickerman@lemmy.blahaj.zone 13 points 10 months ago

Honestly its just a symptom of a bigger problem with the justice system entirely.

It has always completely favored those with the most money and lawyers.