Never considered buying Haier anyway, but i am looking specifically for appliances that have HAOS support. So them pulling this shit will put them on my black list for ever. I get why Mazda did it, but the car doesn’t need the app to be useful, i can just ignore that part. But this is an home appliance that looses a big part of it’s usefulness…
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.
Some enterprising engineer should start selling replacement control boards for these units. Like, drop-in, solder-on clones with 100% open source control firmware, linked with an ESP32. Zigbee/Zwave/Wifi+MQTT. I don’t mind, I’ll buy their unit and throw out their shitty controller. They’re not gonna DRM the compressor, are they?
Hell, if someone does that I’d consider opening a shop where I flip “refurbished” units with the open source board in em.
I was happy to see earlier, the developer commented the following:
Luckily I’m insured. I’ve contacted my legal expenses insurance and they’re covering a lawyer for the case. I will seek advice and see how an expert assesses the situation and then proceed.
I have written to Haier to try to get some clarification and perhaps an agreement. I hope Haier will listen to us now that so many people are supporting us. Thank you all!
Dear Haier team,
you have probably noticed that my announcement to delete the plugin has met with a lot of displeasure from the community. There are a number of people who bought your appliances not only because of the good price/performance ratio, but also because they can be integrated into home assistant.
I think it would be helpful to the discussion if you could explain the following questions:
<span style="color:#323232;"> Please provide details of WHICH clauses of terms of service does this project violate?
</span><span style="color:#323232;"> What is an unauthorized manner?
</span><span style="color:#323232;"> What significant economic harm is being faced by the company? (in terms of dollar figures)
</span><span style="color:#323232;"> When did these projects violate your intellectual property?
</span>
I’m sorry if some people have gone over the top, but this doesn’t have to escalate and there doesn’t have to be a bad reputation for your brand in the open source community.
Can we find a common solution here? Can I do something to make the plugins use the API more economically? Should we reduce the polling? I would like to release a new version that uses the API in a way that does not harm your business. You can also consider an official home assistant integration, the home assistant guys would like to get in touch with you for that. This would be a great competitive advantage within the smart home community.
I hope to get an answer and until then I’ll leave the repos online.
I love his reply, but i’m afraid history so far has shown that supporting open platforms is not a competitive advantage. The number of hackers like us in the smart home market is negligable. Proper closed platforms rake in the big money, and the public loves it… Add on some cloud integration & a subscription to functionalities that would take a home assistant user not much time to set up, and you’ve got something the average customer seems to want…
Still a shit (and probably without any real legal basis) attempt by Haier, but if they’re actually aiming at a walled smart home system, from an economical perspective they’re probably right… And i hate that they’re right…
When it actually backfires. Right now, no company was actually hurt by doing stuff like this - quite the opposite, they get a boost since they close down their ecosystem further forcing people to buy their stuff.
There will be “boycotts” but in reality it will blow over in two to four weeks, with people forgetting “an outrage” that didn’t reach 99% of their target users at all.
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.
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.
GE has garbage company for a very long time. It’s a shell of its former self. If I’m paying for a product I am going to do whatever I want with it because it’s my money. And if a company has a problem with that, it sounds like the company needs to fix it on their end. If it’s possible to create a plugin that cost your company millions of dollars is obviously you’re not running your company properly.
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