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I also wondered about this when I read the TOS. e.g. 4. [..] You grant us [..] the right to [..] parse, and display Your Content [..] as necessary to provide
by hyperman1 4y ago
I also wondered about this when I read the TOS.
e.g. 4. [..] You grant us [..] the right to [..] parse, and display Your Content [..] as necessary to provide the Service, This license includes [...] show it to [...] other users; parse it into a search index or otherwise analyze it
As the Service now includes copilot, publishing anything on Github seems to give them the right to use it in copilot. Maybe even for private repos
Besides of the issue we're currently discussing, I wonder also about:
5. [..] you grant each User of GitHub a [..] license to use, display, and perform Your Content through the GitHub Service and to reproduce Your Content solely on GitHub as permitted through GitHub's functionality (for example, through forking).
So if you find GPLed content on github, you might be allowed to violate the GPL as long as it happens only on github. I don't know how bad this is in practice. Their CI presumably allows you to run code for other people without granting them the rights the GPL should give them, but that might be a violation of the Github TOS as this might be abuse of the CI servers.
This might also mean you violate the GPL when publishing someone else's GPLed code on github, as you now granted Microsoft and others rights not included in the GPL.
Clearly, IANAL, don't know how valid this reading is, but publishing anything you didn't wrote yourself might not be on a very stable legal basis.
https://docs.github.com/en/site-policy/github-terms/github-terms-of-service#d-user-generated-content https://docs.github.com/en/site-policy/github-terms/github-t...
- belorn 4y ago> Clearly, IANAL, don't know how valid this reading is, but publishing anything you didn't wrote yourself might not be on a very stable legal basis. Yes. This was one of the legal theories behind why Apple refuse to allow GPL in the Mac App Store. The TOS that apple required from developers givens Apple specific rights which the GPL do not grant, and thus any software that get uploaded must be assumed as providing the software under two separate licenses. Given that many free and open source projects has multiple authors, it is a rather large assumption that the person who uploads the software has the complete authority to provide the software under multiple conflicting licenses. It is after all the distributor that has to do the due diligence to confirm that they are in the right to distribute.