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If we're internet armchair lawyering then I'd point out that a carpenter building something is "exercising their trade or profession" but a carpenter reading a textbook or watching a how-to video is not.

Analogously, a salaried software developer learning something and taking notes on their own time would be in the clear but a freelance developer tracking their projects or clients would be in violation.

What's not clear is how it applies to a salaried developer learning something and taking notes on the job (ie is time provided for professional development part of practicing your trade or merely a perk?) or a freelance developer using this product at all (same issue as previous scenario, except now it's not even clear where your job ends and personal time begins).



What about a carpenter testing out new techniques in their garage and taking notes as they go - are they exercising their trade?


I'm pretty sure that doesn't qualify. To my mind that's training or study of a trade which is distinct from practicing (ie getting paid for) it.

Where it gets weird is cases where the delineation between practice and study is unclear. Researchers are professionally employed to study things. On the clock professional development is study, but it's paid for by your employer. Freelancers manage their own time making even the distinction between paid and unpaid work unclear in some cases - were you studying as part of a current contract, or to better prepare yourself to take on similar work in the future?


If you ain't getting paid, you ain't doing trade.




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