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github-terms-of-service D: Locally condition grants on existing license #54

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github-terms-of-service D: Locally condition grants on existing license #54

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27 changes: 15 additions & 12 deletions Policies/github-terms-of-service.md
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Expand Up @@ -16,7 +16,7 @@ Thank you for using GitHub! We're happy you're here. Please read this Terms of S
| [A. Definitions](#a-definitions) | Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification. |
| [B. Account Terms](#b-account-terms) | These are the basic requirements of having an account on GitHub. |
| [C. Acceptable Use](#c-acceptable-use)| These are the basic rules you must follow when using your GitHub account. |
| [D. User-Generated Content](#d-user-generated-content) | You own the content you post on GitHub. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you. |
| [D. User-Generated Content](#d-user-generated-content) | Posting content to GitHub does not effect its ownership. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you. |
| [E. Private Repositories](#e-private-repositories) | This section talks about how GitHub will treat content you post in private repositories. |
| [F. Copyright & DMCA Policy](#f-copyright-infringement-and-dmca-policy) | This section talks about how GitHub will respond if you believe someone is infringing your copyrights on GitHub. |
| [G. Intellectual Property Notice](#g-intellectual-property-notice) | This describes GitHub's rights in the website and service. |
Expand Down Expand Up @@ -44,8 +44,9 @@ Effective date:
2. The “Service” refers to the applications, software, products, and services provided by GitHub.
3. The “Website” refers to GitHub’s website located at [github.com](https://github.com/), and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as [education.github.com](https://education.github.com/) and [pages.github.com](https://pages.github.com/). These Terms also govern GitHub’s conference websites, such as [githubuniverse.com](https://githubuniverse.com/) and product websites, such as [atom.io](https://atom.io/). Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government accounts (See [Section B(4): Additional Terms](#4-additional-terms)).
5. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories.
5. “Other Users” refers to third-party people, companies, or organizations that have visited or are using the Website or Service.
6. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
7. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that You administer on GitHub, regardless of who created or uploaded it. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories.
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@mirabilos mirabilos Jul 20, 2017

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As posted as comment already, this would reopen #8 and goes against the intent of the previous “Your Content” definition. Please find a way to do this without changing the “Your Content” definition.


### B. Account Terms
**Short version:** *A human must create your account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.*
Expand Down Expand Up @@ -133,20 +134,22 @@ You may create or upload User-Generated Content while using the Service. You are
#### 2. GitHub May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any GitHub terms or policies.

#### 3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
#### 3. Ownership of Content and Right to Post
Posting Content does not effect its ownership. You may only submit Content that you have the right to post, and You must fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other GitHub Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting GitHub the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.
Because GitHub does not User-Generated Content, We — and Other Users — need certain legal permissions, as listed in Sections D.4 — D.7. You understand that You will not receive any payment for any of the rights discussed in Sections D.4 — D.7. Any permissions You grant to Us and Other Users will end when You remove Your Content from our servers.
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  • The first new sentence is lacking a verb.
  • perhaps “Any permissions You grant to Us and Other Users under §D.4–D.7”?

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@wking wking Jul 20, 2017

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The first new sentence is lacking a verb.

The verb is “need”.

perhaps “Any permissions You grant to Us and Other Users under §D.4–D.7”?

That's better. I'll add it to v2. I'll also change the em-dashes to en-dashes for the range.


#### 4. License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This 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.
We need the legal right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This 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.

This license does not grant GitHub the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
We do not need the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

If Your Content's existing license grants Us the needed permissions, no additional license is required. If Your Content's existing license does not grant Us the needed permissions, then you agree grant Us those permissions.
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Good, except:

  • The law may already grant that, but that’s just nitpicking.
  • The uppercase “Us” looks a bit too pluralis maiestatis. In other places, “GitHub” is written, which looks much better and is a tad more clear.
  • As noted already, this needs a separate term from “Your Content”. Perhaps “Content You upload”?

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@wking wking Jul 20, 2017

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The uppercase “Us” looks a bit too pluralis maiestatis. In other places, “GitHub” is written, which looks much better and is a tad more clear.

I have no preference on this, and consider all the GitHub terms synonymous. However, if we use “GitHub” here, I'd rather use it in the section title as well.


#### 5. License Grant to Other Users
Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control).
Other Users need the legal right to view Content they are authorized to access via the Website or Service. For example, all users need the legal right to access issues, comments, and contributions to public repositories.
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@mirabilos mirabilos Jul 20, 2017

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  • define “access”, reading? modifying? creating new ones?
  • Why do they need that?
  • Case in point, I can disable issues on my repositories and usually do, especially for those that are just mirrors.

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@wking wking Jul 20, 2017 •
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define “access”, reading? modifying? creating new ones?

I don't think we need to define “access”. It can contain all of the interpretations you suggest, but they only need the right to view that content. There's a theoretical chance that GitHub would authorize a user to modify content that they cannot view, but I don't think you need to make that distinction for Your Content. And if the Other User is creating new content, then they already have full access to it, so You don't need to grant them any new permissions.

Why do they need that?

So they can view the site.

Case in point, I can disable issues on my repositories and usually do, especially for those that are just mirrors.

If you disable issues before any are created, you are removing Other Users' right to post to that location. That does not affect Other Users right to view anything.

If you disable issues after some have been created, you may be removing an Other User's right to view it. That's the same as deleting an Other User's comment in your issue tracker. There's some wording about removing content in the current §D.3, but we may need a new section to cover User-initiated removal. Or perhaps there's a distinction to be made between “right” and “ability” (e.g. you'd be legally allowed to view this, but GitHub decides not to show it to you). Anyway, that issue (if it exists) applies both disabling a populated issue tracker and deleting individual issues. But it seems different enough that I'll punt on it for this PR.


If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide 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). You may grant further rights if you [adopt a license](/articles/adding-a-license-to-a-repository/#including-an-open-source-license-in-your-repository). If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other GitHub Users.
If Your Content's existing license grants Other Users the needed permissions, no additional license is required. If Your Content's existing license does not grant Other Users the needed permissions, then you agree grant Other Users those permissions.
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Again with the “Your Content”. The new wording is better-ish, but the definitions in the new paragraph above this one are much too vague, so, not enough.


#### 6. Contributions Under Repository License
Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede.
Expand Down Expand Up @@ -237,7 +240,7 @@ We offer Pages sites primarily as a showcase for personal and organizational pro
#### 2. GitHub Repositories
GitHub repositories are intended to host Content. You may include static images, links, and promotional text in the README documents associated with your repositories, but they must be related to the project you are hosting on GitHub.

You may not advertise in other Users' repositories, such as by posting monetized or excessive bulk content in issues.
You may not advertise in Other Users' repositories, such as by posting monetized or excessive bulk content in issues.
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Unrelated, should be split into a separate PR.


#### 3. Spamming and Inappropriate Use of GitHub
Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any GitHub terms or policies.
Expand Down Expand Up @@ -273,7 +276,7 @@ It is your responsibility to properly cancel your account with GitHub. You can [
#### 2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.

We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.
We will not delete Content that you have contributed to Other Users' repositories or that Other Users have forked.
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@mirabilos mirabilos Jul 20, 2017

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Unrelated, should be split into a separate PR.

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@wking wking Jul 20, 2017

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Unrelated, should be split into a separate PR.

Split off into #57. I'll rebase this one (either to drop “Other Users” or to put this commit on top of #57) once there's enough feedback to guess whether #57 will be rejected or accepted.


Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

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