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> Any open-source code available on Github is controlled by the copyright notice of the owner granting specific rights to users. and by the GitHub ToS: > You

> Any open-source code available on Github is controlled by the copyright notice of the owner granting specific rights to users. and by the GitHub ToS: > You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video. https://docs.github.com/en/github/site-policy/github-terms-of-service#4-license-grant-to-us https://docs.github.com/en/github/site-policy/github-terms-o...

TomVDB 5y ago
Does the GitHub ToS matter when I upload code that was written by somebody who doesn’t use GitHub?
- progval 5y ago
  Then you would be the one infringing their copyright, and they could probably sue you. Although I'm curious about what GitHub would do if the original author asked them to remove the work from Copilot. Retrain from scratch every month or so, to remove last month's DCMAed content?
  - jeltz 5y ago
    I doubt that as an interpretation that Github wants people to make since that means that tons of major projects need to be remove from Github. Basically all that are older than Github.
GoOnThenDoTell 5y ago
Not everyone who’s code ends up on GitHub has agreed to this set of terms
- progval 5y ago
  See my answer to https://news.ycombinator.com/item?id=27741709 https://news.ycombinator.com/item?id=27741709
eCa 5y ago
> > as necessary to provide the Service I would consider Copilot to not be part of ”the Service”[1], but at least currently[2] the definition of ”the Service” is so vague as to include anything that Github does. Maybe they consider Copilot to be a ”search index” and the suggestions ”[sharing] [Your Content] with other users”. [1] Since, as I understand it, it will require separate payment. [2] The ToS is currently last edited 2020-11-16, and does not contain the word ”Copilot”

TomVDB 5y ago

Does the GitHub ToS matter when I upload code that was written by somebody who doesn’t use GitHub?

progval 5y ago
Then you would be the one infringing their copyright, and they could probably sue you. Although I'm curious about what GitHub would do if the original author asked them to remove the work from Copilot. Retrain from scratch every month or so, to remove last month's DCMAed content?
- jeltz 5y ago
  I doubt that as an interpretation that Github wants people to make since that means that tons of major projects need to be remove from Github. Basically all that are older than Github.

GoOnThenDoTell 5y ago

Not everyone who’s code ends up on GitHub has agreed to this set of terms

progval 5y ago
See my answer to https://news.ycombinator.com/item?id=27741709 https://news.ycombinator.com/item?id=27741709

eCa 5y ago

> > as necessary to provide the Service I would consider Copilot to not be part of ”the Service”[1], but at least currently[2] the definition of ”the Service” is so vague as to include anything that Github does. Maybe they consider Copilot to be a ”search index” and the suggestions ”[sharing] [Your Content] with other users”. [1] Since, as I understand it, it will require separate payment. [2] The ToS is currently last edited 2020-11-16, and does not contain the word ”Copilot”