3 ms·

If you upload it to github, you give microsoft extra rights above the license you choose. I'm not sure they are bound by the license.

WCSTombs 3y ago
Those "extra rights" would need to be spelled out in the terms of service, and last I checked, they were basically just making sure GitHub had the legal right to host your code on the GitHub service. It did not include any provision to create and distribute derivative works outside the license included with the software being hosted.
- hyperman1 3y ago
  I read 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... Chapter D4 gives microsoft the right to: parse it into a search index or otherwise analyze it on our servers I don't know what a real court says, but I can imagine a lawyer saying training an AI is done by analyzing your code. Chapter D5 gives almost anybody right to do a lot with your code, including creating derived works, as long as it happens on github. If the AI training happens on their servers, I think you agreed to them training an AI. Not saying they are doing it right now based on that document. But I do assume a lawyer has enough material to make the waters really muddy, and a trial being decide by basically a dice roll.
bobthecowboy 3y ago
This is nonsense. The uploader is not necessarily the copyright holder of the code. The uploader is not necessarily in a position to grant extra rights above the actual license. What happens if someone else uploads my code to github? What happens if proprietary code is uploaded to github? What happens if national secrets are posted to github? In all of those cases, the person doing the upload does not "own" the content, nor did they choose the license. There is no reasonable read of a ToS agreement that would allow Microsoft/Github extra rights to that content.

WCSTombs 3y ago

Those "extra rights" would need to be spelled out in the terms of service, and last I checked, they were basically just making sure GitHub had the legal right to host your code on the GitHub service. It did not include any provision to create and distribute derivative works outside the license included with the software being hosted.

hyperman1 3y ago
I read 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... Chapter D4 gives microsoft the right to: parse it into a search index or otherwise analyze it on our servers I don't know what a real court says, but I can imagine a lawyer saying training an AI is done by analyzing your code. Chapter D5 gives almost anybody right to do a lot with your code, including creating derived works, as long as it happens on github. If the AI training happens on their servers, I think you agreed to them training an AI. Not saying they are doing it right now based on that document. But I do assume a lawyer has enough material to make the waters really muddy, and a trial being decide by basically a dice roll.

bobthecowboy 3y ago

This is nonsense. The uploader is not necessarily the copyright holder of the code. The uploader is not necessarily in a position to grant extra rights above the actual license. What happens if someone else uploads my code to github? What happens if proprietary code is uploaded to github? What happens if national secrets are posted to github? In all of those cases, the person doing the upload does not "own" the content, nor did they choose the license. There is no reasonable read of a ToS agreement that would allow Microsoft/Github extra rights to that content.