No, I'm not. And yes, the clients want specific performance, but do they have the right to get it? Seems like at most, the clients would be entitled to a refund plus whatever damages they could show (e.g. the cost of switching to a different service, plus any losses they take from other arrangements they made based on the promise of lifetime service). Could a court really order Joyent to keep providing this service against their will? Seems like restitution would be it.
Some people don't want damages or restitution. They want specific performance of the contract. In this case they may be in a position to get it.
We're not discussing labour laws here, the slavery argument doesn't apply. This looks to me like straight up contract + equity.
> Could a court really order Joyent to keep providing this service against their will?
That's what an order for specific performance is for.
I've emailed a self-described law nerd of my acquaintance. She geeks out on equity law, so this sort of case is right up her alley. I'll be interested to see what she thinks.
