
A website has “stolen” my program and reselling it - reliefs
Hi the website https:&#x2F;&#x2F;www.ektor.io has stolen my entire program https:&#x2F;&#x2F;github.com&#x2F;instabotai&#x2F;instabotai&#x2F;. He is breaking both my old license and my new. He does not credit me or the repo in any place and he has just excluded the license from my program which he sells for $49.<p>What can i do about this ? I am thinking contacting his host today.<p>Thanks
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thatha7777
It looks like until 14 hours ago, your project had an Apache 2.0 license,
which explicitly allows any usage of your code. Additionally, the “you must
include this notice” requirement applies only to redistributions of the code
(and running it as SaaS somewhere isn’t a redistribution).

I think the real question here is... why are you upset about this? Apache does
indeed mean I permit everyone to use my software in anyway they see fit. Do
you regret that? Or did you not fully understand the implication of the Apache
license?

Maybe you think that bundling up your software and making money is
immoral—-however someone put significant effort into making a pretty website,
running it 24/7, and providing customer service, they are adding something on
top of what you made.

If I take an Apache 2.0 JSON parser and make a website that pretty-parses JSON
and I convince people to pay me, am I doing anything wrong?

~~~
asadhaider
Noticed that too, fully agree with you.

They also added a "Premium license" at the same time too which allows exactly
what the person has done but under the new license, doesn't say how to get
granted this license though.

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user1980
Would that be similar to how you've "stolen" and re-licensed code from
Instagram-API-python[1]? I don't see the MIT licence with Lev Pasha's
copyright notice in your repo anywhere.

Your code[2].

Their code[3].

[1] [https://github.com/LevPasha/Instagram-API-
python](https://github.com/LevPasha/Instagram-API-python)

[2]
[https://github.com/instabotai/instabotai/blob/132adf6b166c22...](https://github.com/instabotai/instabotai/blob/132adf6b166c2244e19326e57ebb7e1594bd9a6a/instabot/api/api_story.py#L47)

[3] [https://github.com/LevPasha/Instagram-API-
python/blob/cf0fe1...](https://github.com/LevPasha/Instagram-API-
python/blob/cf0fe1d0167d153b0fc6c9be56e265e653c3da7a/InstagramAPI/InstagramAPI.py#L155)

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_-___________-_
The license you had until yesterday (which he's free to use the code under as
it was available yesterday) allows him to sell a service that uses your
program.

If he's actually redistributing the software without including the license
then that's another thing.

~~~
rolltiide
How does that work btw, would I just use rollback the commit and branch from
the old commit if I wanted the apache license version?

I've also seen people try to erase old commits to change licenses, I was
wondering what that actually means for use since the code would have still had
an older version with the more liberal license

~~~
_-___________-_
If you have, or can get, a copy of the code that was released with the old
license, you can use it under that license.

~~~
rolltiide
Nice yeah. Most of the time I just skip the controversies on Hackernews and
stick with my philosophy of "just clone and move on"

You can tell when some repositories are going to be hot and removed soon,
often times that nukes the forks too. So just download.

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stazz1
Super shady. I wonder how often this occurs. Let's make a website just to
index open source software being sold inappropriately/ against the agreement
of the software. Seems like this problem will only grow if someone can grab
some open source software on this corner of the web and put it on a shelf with
a pricetag on this other corner. Rightfully the profits would belong to you,
but it's free software, so people are just handing this person $50 to get
access to your github effectively?

~~~
reliefs
yeah that's a good way to describe it :) He also excluded my license which
states "this license should always be included"

~~~
sevenf0ur
How do you know, did you pay the $79 to gain access and inspect the download?

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shuri
I can imagine this is upsetting. Still, the license was an Apache license 15
hours ago. Doesn't that license allow this type of thing?

[https://github.com/instabotai/instabotai/blob/beab9871bf5633...](https://github.com/instabotai/instabotai/blob/beab9871bf5633aa8788b0f657a6733af4976488/LICENSE)

------
dewey
Looks like someone violated the license of your software that's build to
violate the ToS of Instagram.

~~~
ivanstojic
Additionally, it looks like the OP's program is based on an open source
program "InstagramBot" which seems to live as a copy in the OP's repo without
a matching LICENSE.

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8bitsrule
Seems like Github itself might be responsive on this issue.

This example might be helpful.
[https://github.com/gsantner/memetastic/issues/17](https://github.com/gsantner/memetastic/issues/17)

~~~
jxramos
Very impressive example, good find. How'd you initially come across it?

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gruez
Send a DMCA request? Since he's not following your license, he's infringing on
your copyright.

edit: looks like other commenters are saying that it was previously licensed
under apache 2, so this advice might not apply (I initially assumed it was
GPL3).

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drenvuk
Contact the host. Contact a lawyer. Send a cease and desist. He just showed
you a valuable market so take his spot and make that paper.

Good luck.

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maxvapor710
Your repository had an Apache License up until yesterday, which parts of the
License do you feel that is being violated?

It seems he is selling this product as a SaaS, so not necessarily
redistributing the software but I could be mistaken.

~~~
sairamkunala
product is being offered to be downloaded, which means re-distribution.

~~~
glofish
specifically what terms are violated by offering Apache-licensed code for
download?

~~~
sairamkunala
I see that usually you need to add a file mentioning the list of the original
licenses.

See
[https://www.apache.org/licenses/LICENSE-2.0#redistribution](https://www.apache.org/licenses/LICENSE-2.0#redistribution)

You must give any other recipients of the Work or Derivative Works a copy of
this License;

~~~
glofish
Is the top poster's main concern here that the person that resells their
program does not include the disclaimer somewhere in the documentation?

Note how that information could be placed anywhere, even a remote and not well
accessible or logical place. Would that solve the complaint the top poster
has? Not really.

Would most people that potentially buy this software even read that
information? Or be wanting to redistribute the code? After all, the code is
already freely distributed and available!

Not that I condone the behavior - I think it is deplorable, it is stealing, it
breaks the spirit of the license.

It is more about not fully understanding what licenses may be used for.

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nailer
Off topic, but from your site at
[https://github.com/instabotai/instabotai/](https://github.com/instabotai/instabotai/):

> Try our remote solution:

> [http://www.instabotai.com](http://www.instabotai.com)

The contents of this page is just:

>
> [http://www.NOTMAKINGTHISCLICKABLErankbabes.com](http://www.NOTMAKINGTHISCLICKABLErankbabes.com)

I added 'NOTMAKINGTHISCLICKABLE'.

~~~
stewdellow
Getting the same thing.

~~~
buttersbrian
now i get [http://www.rankbabes.com](http://www.rankbabes.com)

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nathanaldensr
Flagging this submission as the software is suspicious and likely breaks ToS.
Additionally, the author changed licenses recently in an attempt to rewrite
history.

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hncensorsnonpc
Best case for GPL 3.0 but every idiot out there uses MIT ... without even
understanding it and the calling foul when other people use their code in
SAAS.

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time0ut
Just out of curiosity, how do you know it is your software?

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Narty
How do you know for sure they are using your program?

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falcolas
Definitely a copyright issue, since they're not complying with the license.

That said, if they complied by including the Apache license by restoring the
copyright notices and license text, as I understand it there's nothing further
you can (realistically) do. Putting energy into being upset about an Apache
licensed program being "stolen" won't help you in the long run.

~~~
thinkmassive
The repo switched from Apache 2.0 to Reciprocal Public License (RPL-1.5) about
14 hours ago:
[https://github.com/instabotai/instabotai/blob/master/LICENSE](https://github.com/instabotai/instabotai/blob/master/LICENSE)

~~~
falcolas
Which doesn't impact code pulled prior to the change. License changes are not
retroactive.

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brudgers
If it matters, hire a lawyer.

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throwaw1
Offer the same product for half the price. Market it free ektor.io or
something

~~~
nsxwolf
Yes. Copy the page wholesale, and put up a notice that the other site has
pirated yours, and is trying to sell your software for twice the price.

~~~
gus_massa
> _Copy the page wholesale_

That's a bad idea, they can sue back.

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_tkzm
a) hire a lawyer, what do you want us to do about it??? b) in the modern era
of internet, next time embed some type of homing mechanism or simple license
requirement checked in startup process to avoid unlicensed misuse.

~~~
_-___________-_
The OP's software is open source. The "homing mechanism" or license
requirement check could simply be removed.

