Is this actually open sourced?

I don’t have much time to go through your code. But is this actually open sourced? It seems like you have this tied to a mandatory but your terms do not match with your github license.

This is from the MIT license library:

The MIT License | Open Source Initiative

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.

I read your terms of service and your entire operation violates this copyright. You cannot use the above in any way, shape, or form without applying the MIT license to your entire repository. Your terms of service does not count as a license as it is not written as one and is hosted off of the repository where we cannot verify any changes that were made. Your license must be archived if changed, and that change will be duly noted on the repository. You are violating copyright.

Here are your tools-lib which is essential to your core software:

YOU cannot license (even with a poorly maintained license) software within your open source repository that you have licensed as MIT. To have a secondary license with MIT, you must have a compatible license. Your terms of service is NOT a compatible license as it’s contradictory, cannot be verified with history of the repository, and isn’t industry standard for open source. You cannot use the wording above in quotes like you did without applying the whole MIT license.

So, I will ask you these questions:

If I build your open sourced software from github:

  1. am I totally bound to BitHolla? As in, I want you to get zero input on my software and zero control over my software and have zero influence whatsoever on my entire operations. (it’s open sourced, so it is my software, as well as yours)
  2. are you withholding assets that belong to the exchange that make it work? In other words, are you withholding assets that make my exchange work? Not extensions, that’s a whole other legal field. I am talking core servers here. If my server has to connect to your server in any way, then it’s not open source and you are violating the license.
  3. do you get any of the trading fees or withdrawal fees from software if I build it upon my own nodes.
  4. Is there anything preventing me from programming the software to be my own? Or are core features missing from the repository? This is license ransom if they are not included.

These practices (if you answered yes to any of the above) are heavily frowned upon, and there are organizations that will take you to court to make all assets licensed to all individuals for stealing work from an open source community. If the courts don’t solve the issue. Developers can raise issues like non-other to any financial investor in your company.

So, please make sure that this software is full and complete for the open source community to use.

You also cannot have control over my software while providing it to me without warranty or “as is” that is not how the law works at all and many, many software companies have been sued into the ground for trying to pull this stunt. Here is your terms of service which would indicate that you are INDEED LIABLE for all parties who use your software. Just because you write “we are not liable” DOES NOT make you not liable. Your TOS page will be archived for legal reasons as will this page.

So either you’re liable, or your software is completely open source with all code available. I don’t think investors or people running exchanges are going to like that the code they are using for many thousands if not millions of dollars is having issues with their licenses because they didn’t hire an attorney, and somehow just bullshitted a license together by stealing from other licenses.

Of course, if you’re referring to the setup portion of the code, then that’s perfectly fine. You can charge for open source software only if you offer to host it. That is all. But the entirety of the software must be free from you, for me to use on my own servers without any indication from Bitholla.

But you tried to put this in your license on GitHub which already has MIT licenses for all other parts of the software. A separate repository does not mean it’s a separate license when it’s needed to make the actual software work and operate.

Here is a copy of your TOS:

Terms of Service

Last Revised: 17th October 2021
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
These Terms of Use (“Terms”) apply to your access to, and use of, the websites of bitHolla Inc. and its subsidiaries and affiliated companies (“bitHolla,” “we” or “us”), including bitholla.com (collectively, the “Site”) and its subdomains. These Terms do not alter the terms or conditions of any other agreement you may have with bitHolla for products, services or otherwise (collectively, “Agreement”). To the extent there is a conflict between any Agreement and these Terms, the terms of the Agreement shall govern.
bitHolla reserves the right to change or modify these Terms at any time in its sole discretion and without prior specific notice to you. bitHolla will change the “Last Revised” date at the top of these Terms when such changes or modifications are made, which shall be effective immediately. Your continued use of the Website will indicate your acceptance of such changed or modified Terms.
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