[HN Gopher] Delve allegedly forked an open-source tool and sold ...
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       Delve allegedly forked an open-source tool and sold it as its own
        
       Author : nickvec
       Score  : 260 points
       Date   : 2026-04-02 15:03 UTC (7 hours ago)
        
 (HTM) web link (techcrunch.com)
 (TXT) w3m dump (techcrunch.com)
        
       | giancarlostoro wrote:
       | 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 wrote:
         | 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 wrote:
           | 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
        
             | embedding-shape wrote:
             | 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 wrote:
               | 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 wrote:
               | 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 wrote:
             | 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 wrote:
               | I don't disagree, but actively lying about it is still a
               | violation of the license.
        
             | i_am_jl wrote:
             | 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 wrote:
             | > 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.
        
             | gzread wrote:
             | 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 wrote:
           | 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 wrote:
             | 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 wrote:
               | 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 wrote:
               | Compliance tech company who doesn't know about open-
               | source. Interesting.
        
             | echoangle wrote:
             | Then maybe say ,,I don't know, let me get back to you"
             | instead of ,,no, we built it ourselves"?
        
               | 9rx wrote:
               | 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 wrote:
               | 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 wrote:
               | 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.
        
               | forgotaccount3 wrote:
               | 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.
        
           | CodingJeebus wrote:
           | I'd be more concerned about a shareholder lawsuit if Delve
           | told their investors that they owned the IP of said platform.
        
         | wredcoll wrote:
         | Sometimes people consider morality instead of legality.
        
           | voidfunc wrote:
           | Good thing our legal system doesn't.
        
             | happytoexplain wrote:
             | There is no implication in the parent comment that it
             | should.
             | 
             | The fact that we can't comprehend even talking about
             | anything beyond legality sometimes is just mind-boggling.
             | We are sick.
        
               | ozgrakkurt wrote:
               | 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 wrote:
               | 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.
        
               | withinboredom wrote:
               | 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.
        
               | cwmoore wrote:
               | 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.
        
             | bluefirebrand wrote:
             | 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?
        
             | LocalH wrote:
             | Maybe it should
        
         | mvkel wrote:
         | 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.
        
           | malcolmgreaves wrote:
           | > A permissive license whose main conditions require
           | preservation of copyright and license notices.
        
           | mrgoldenbrown wrote:
           | How is there no legal problem with violating the license
           | terms, which explicitly require attribution?
        
             | NewJazz wrote:
             | It's not a copyright violation because the readme says open
             | source somewhere!!! /s
        
           | nickvec wrote:
           | You clearly did not read the article. Why post something so
           | confidently when you're not even informed on the topic?
        
           | solid_fuel wrote:
           | > 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_.
        
           | mvkel wrote:
           | Replying to my own comment -- didn't realize it was Apache,
           | thought it was MIT. Flame on!!
        
             | elashri wrote:
             | But MIT also requires Attribution, it is actually the only
             | thing asked in MIT licence.
        
         | PhilipRoman wrote:
         | This hilarious meme continues to prove itself correct again and
         | again https://lukesmith.xyz/articles/why-i-use-the-gpl-and-not-
         | cuc...
        
           | giancarlostoro wrote:
           | 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.
        
           | applfanboysbgon wrote:
           | 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 wrote:
             | 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?
        
             | delfinom wrote:
             | >. 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.
        
             | lynndotpy wrote:
             | 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 wrote:
               | > outside this blog post
               | 
               | It's a /g/ meme, from where luke presumably got it.
        
               | zem wrote:
               | > 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.
        
             | gzread wrote:
             | 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 wrote:
               | > 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.
        
           | Jiro wrote:
           | 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.
        
           | neutronicus wrote:
           | 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 wrote:
             | 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 wrote:
               | 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 wrote:
               | > 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 wrote:
               | 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.
        
               | kstrauser wrote:
               | 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 wrote:
               | > 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 wrote:
               | > 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
        
               | kstrauser wrote:
               | 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 wrote:
               | 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 wrote:
               | 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.
        
               | ChrisMarshallNY wrote:
               | 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
               | often see them visibly restraining themselves. 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
        
               | kstrauser wrote:
               | 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.
        
               | switchbak wrote:
               | "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 wrote:
               | 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.
        
             | PhilipRoman wrote:
             | Didn't notice it, to be honest.
        
             | mghackerlady wrote:
             | 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 wrote:
             | 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.
        
             | lynndotpy wrote:
             | 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.
        
             | gzread wrote:
             | 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.
        
         | axus wrote:
         | If you start a business relationship with people who rip-off
         | and cover-up, you're going to have a bad time.
        
           | neilv wrote:
           | 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.
        
         | Steve16384 wrote:
         | But they didn't attribute it. Or does this not really matter?
        
           | giancarlostoro wrote:
           | It does matter, that's one of the requirements.
        
           | NewJazz wrote:
           | 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.
        
         | starkparker wrote:
         | 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 wrote:
         | > 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).
        
         | deng wrote:
         | > 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.
        
         | croes wrote:
         | Ask yourself why they didn't do that in the first place.
        
         | cestith wrote:
         | Copyright infringement is always a problem.
        
       | dmitrygr wrote:
       | The scrubbing of old posts says much
        
         | giancarlostoro wrote:
         | 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 wrote:
           | You do not get to "just" retroactively fix copyright
           | infringement (which is what this was). Try it with Disney
           | sometimes.
        
             | giancarlostoro wrote:
             | 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.
        
               | dmitrygr wrote:
               | 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 wrote:
               | 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 wrote:
               | 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 wrote:
               | 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 wrote:
               | 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 wrote:
               | 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".
        
               | kbelder wrote:
               | 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.
        
       | torginus wrote:
       | 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 wrote:
         | 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.
        
           | superxpro12 wrote:
           | 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.
        
           | altairprime wrote:
           | 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.
        
         | mikert89 wrote:
         | Basically YC + MIT background is a license to raise infinite
         | capital. So they just needed to check some revenue boxes etc.
        
         | input_sh wrote:
         | 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.
        
         | nikanj wrote:
         | 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
        
       | chuckadams wrote:
       | In the long list of Delve's misdeeds, this is probably the least
       | of them.
        
         | acdha wrote:
         | 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.
        
       | charcircuit wrote:
       | 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 wrote:
         | The selling wasn't the problem here. The problem was lying
         | about what they were doing and violating the terms of the
         | license.
        
       | SanjayMehta wrote:
       | Old news.
       | 
       | https://news.ycombinator.com/item?id=47609310
        
         | nickvec wrote:
         | Sorry your thread didn't gain traction, but this isn't old news
         | by any means. No need to be salty.
        
         | acdha wrote:
         | 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 wrote:
           | 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 wrote:
         | That was posted 12 hours earlier. What's your definition of
         | old?
        
       | kikitaffner wrote:
       | a private fork is a huge maintenance liability. good luck when a
       | CVE drops for the upstream repo and you have to scramble to
       | backport the patch to your snowflake version before customers are
       | compromised
        
       | randyrand wrote:
       | So they added marketing and support on top. Sounds like how you
       | run a business.
        
       | AIorNot wrote:
       | 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 wrote:
         | More on that: https://www.youtube.com/watch?v=ahDQ6SSK1Y0
        
       | saadn92 wrote:
       | 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.
        
         | tikhonj wrote:
         | 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 wrote:
           | Based on DeepDelve's recent follow-up article, I would assume
           | the former. https://deepdelver.substack.com/p/delve-fake-
           | compliance-as-a...
        
             | redanddead wrote:
             | this is nuts
        
           | nikanj wrote:
           | 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"
        
         | GorbachevyChase wrote:
         | 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.
        
         | tptacek wrote:
         | Wait, the thing we're talking about is Apache 2.0?
        
       | wg0 wrote:
       | 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 wrote:
         | It's fully automatable. The secret ingredient is fraud.
        
       | theturtletalks wrote:
       | 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.
        
       | gclawes wrote:
       | Delved too greedily and too deep, it sounds like
        
       | jwilber wrote:
       | No shame rewarded as expected in the post-cluely world of
       | contemporary VC.
        
       | yboris wrote:
       | 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/
        
         | simantel wrote:
         | 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.
        
         | tasuki wrote:
         | 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/
        
       | bitwize wrote:
       | With all these shenanigans surrounding Delve it's a good thing I
       | switched to YoureAbsolutelyRight.io.
        
       | 4b11b4 wrote:
       | Seems to be encouraged at YC
        
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