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> If code with a license, say GPL, goes out somewhere else, by someone else If the code is GPL licensed, you can't relicense it under a non-FOSS license like y
by pcthrowaway 4y ago
> If code with a license, say GPL, goes out somewhere else, by someone else
If the code is GPL licensed, you can't relicense it under a non-FOSS license like you're talking about
> Don't they then have to remove that code?
Yes, if code gets uploaded whose license is incompatible with Microsoft's terms, they probably do have to remove it.
> Now imagine this: I write some code, license it, but don't publish it yet. It's licensed. Then I upload it to github. Does the license supersede the ToS? Doesn't github have to remove the code as a ToS violation
Again, yes, they probably do, and they also probably have an obligation to clean their training data of it. However, if you're the copyright holder of the code and you agree to their ToS before uploading, they might make the case that you agreeing to their ToS does grant them the license to use it in training data.
- friend_and_foe 4y agoNot re-license. I upload with the same license I got it with, as per the license. So then Github is breaking the law a significant portion of the time then at the very least?
- pcthrowaway 4y agoMicrosoft/Github makes a reasonable attempt to remove infringing code. If you obtain a copy of proprietary source code owned by Apple on the dark net, and upload to github, they'll definitely remove that. If companies were responsible for user-uploaded content that the company takes reasonable steps to remove, no one would be able to accept user-uploaded content in the first place. Facebook wouldn't be able to allow users to upload photos. Hacker news wouldn't allow me to post this comment (someone else could own the copyright, right?)
- jacquesm 4y agoYou are conflating many different things.
- friend_and_foe 4y agoIf Github's ToS says that they have carte blanc to do whatever they want with FLOSS licensed code, including to relicense it, then either every single codebase on github violates their ToS or their ToS violates every single license and therefore the law. A reasonable attempt under these circumstances would be to remove every single FLOSS licensed repository on github, so I'd argue no, they do not make a reasonable attempt to remove infringing code.