There is a legal truism, that @tjuliang first drummed into me in August 2017, that just because crypto is not specifically regulated, it does not mean that crypto is unregulated.
This just means that all relevant laws might apply, in the appropriate jurisdiction.
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Until and unless the specific (common-law) jurisdiction you are subject to has: - specific statute covering specific action or harm (strict application, purposive interpretation) - or actual similar prosecuted case covering you Devs are not fiduciaries..
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... Not until open source/crypto devs are legally regulated or prosecuted or litigated successfully as such. Despite what non practicing academics who barely understand open source, might FUD and say.
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What is correct: open source/crypto Devs might be fiduciaries IF 1. Specific regulation is passed making them so; 2. There is successful criminal or civil prosecution of devs. Until then, it's just academics saying they will be.
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This is unlikely because of the lack of contractual relationships, or even proximate relationships given the class of users is particularly wide ie the world at large, as well as existing precedent to use at own risk, if in doubt, get your own help because this shiz is free.
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There are also broader policy implications of imposing undue costs on individuals who provide profound services in the form of intellectual property Commons. The open source LAMP stack and sucessors runs a lot of the internet.
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More than that, open source is a profound source of combinatorial innovation. LAMP + Hadoop =affordable cloud computing for everyone Rsync + SSH + GUI =dropbox P2P + SHA + game theory= bitcoin/crypto So many more... Chime in with yours
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SV and the global tech industry are possible only because of open source.
I'd like to just highlight the work of @linuxfoundation @TheASF @EFF @ietf @fsf and so many more I can't think of right now in getting us here.
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I remember as a 14 year old getting my first email account and dialup line. The sweet sound of 2.4 kbps modem handshake. We've come along way, and open source made it possible.
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