There is still quite some amount of hubris in this.
If A writes software under L0 and gives it to B and is “nice enough” to allow B to use it privately for free, there’s some entitlement to the software.,
You’re overlooking that, in a contemporary environment, you’re standing on the shoulders of the giants (and all the small ones) who came before you. It’s absolutely presumptuous to write code in our time and not publish it under an OSS licence.
When my employer turned off the company-internal Jabber server in favour of, out of all things, Hipchat, I moved my team mates to IRC. (They also seem to all know at least some vi, even the trainee.)
I am the author. And I am not an academic interested in bringing out a lengthy article with explaining the interpretations and all.
I am, in this instance, pragmatic: explaining what’s bad, why it’s bad, what we need to do right now, and that’s it, and now I’m trying to work on a solution with the GitHub people.
If this is not enough, do your own research. In my referrers, there have popped up some Russian sites that (according to Google Translate) did some of their own research (and came to similar conclusions). Ex-Debian’s joeyh did, too.
Sorry about that, I was more concerned with getting the explanation into more than 140 chars and out to both people and GitHub and getting in touch with GitHub than with writing a lengthy article.
And all this besides $dayjob which suffered on the day, so I’ll probably need to work the weekend to catch up.
“how these rules came to be and what they try to achieve”
That’s not my point here.
The intent behind the rules and what they’re trying to achieve is GOOD and A STEP UP from the previous ToS.
HOWEVER, they have language that IS problematic for almost ALL copyleft and/or attribution-requiring works that include contributions from people who did not upload it directly to GitHub themselves. THAT’s what I’m discussing.
This just shows that two lawyers did not even read my article and just comment on it demeaningly.
Please do note that D.5 also covers “reproduce”, which _is_ “distribution of code”, _and_ that I address this point in my article.
So, in short: If you need to give lots of money away, get a lawyer, but even then you’re not getting what you’re paying for. They also only cook with water, they also are just erring human meatbags.
Someone intelligently (hah) decided to link to the (1 MiB) page with the entire wlog posts of the last decade (plus CSS, webfonts, …) instead of to the permalink of the one article (15K), and then over https.
The webserver is a first-generation Celeron 2.4 GHz (Dell PowerEdge 750, AIUI) with 1 GiB of RAM, running MirBSD (not the fastest OS out there) with Apache. So, no surprise.
Yes, one of _those_ Celeron CPUs with so few L2 cache it can be discounted as having none.
For that, it does remarkably well (though 「ls -l /var/www/logs/」 surely shows the traffic ).
But, thanks to the new ToS becoming effective immediately (as of 28½ hours ago), you do have to act.
Basically, starting March 2017, uploading anything (new) like that is not allowed. Removing repositories and/or the entire user account, to make it explicit that such grants are not given for what’s already there, may be prudent (yes, overreacting is not necessary, but acting is, and don’t talk legal requirements down to overreacting, because if you DO upload a GPLv2’d work to Github as things are now, YOU lose the right to use it under the GPLv2 in the first place and CANNOT get it back except from the (all!) authors).
BSD/MIT/etc. only require the licence text to be present, usually by retaining it in the source code or accompanying documentation. Yes, it’s close. No, I don’t want to go there and discuss this detail.
Github doesn’t, it just requires that of its users (that, or to not upload any copylefted works, or works under licences requiring attribution, which contain work from people who have not agreed to waive those requirements for Github).
Yes, that’s actually what GitHub and I are talking about now.
Any OSS licence already grants way enough rights for a hosting platform to operate, period. Anything else can be solved technically and does not need to involve legalities. (For example, when displaying search result snippets, put notices pointing to the original file in the original repository, as “context, complete copyright notices, licence and attributions” right next to each.)
So the ToS simply need to require all those grants only for works that are not under an OSS licence (see also my updated article, remember http://www.mirbsd.org/permalinks/wlog-10_e20170301-tg.htm is the correct link, NOT the one on top). For any works NOT under such an OSS (Open Knowledge, Free Cultural Work, whatever) licence, the ToS grant is not unjustified to ask (especially as GitHub doesn’t care about hosting OSS projects, or the licences of whatever content they host).
If A writes software under L0 and gives it to B and is “nice enough” to allow B to use it privately for free, there’s some entitlement to the software.,
You’re overlooking that, in a contemporary environment, you’re standing on the shoulders of the giants (and all the small ones) who came before you. It’s absolutely presumptuous to write code in our time and not publish it under an OSS licence.