DRAFT UPDATE to GitHub Corporate Terms of Service #2

bluemazzoo · 2017-06-10T00:09:24Z

Hey everyone! This is a Draft Update to the GitHub Corporate Terms of Service. We would love feedback on this update. Please take a look at our Contribution Guidelines for examples of the types of feedback we're looking for and for other feedback recommendations.

~~These changes will not be effective until July 21, 2017.~~

NOTE: Apologies for any confusion, these changes will not be effective until August 7, 2017.

This is a Draft Update to the GitHub Corporate Terms of Service. These changes will not be effective until July 21, 2017.

Oneiroi · 2017-07-11T10:22:19Z

Policies/github-corporate-terms-of-service.md

-You retain all moral rights to Content you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. You understand that you will not receive any payment for any of the rights granted in this Section.
+You retain all moral rights to Your Content that you or your Users upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
+
+To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.


Github however should indemnify the organization from any responsibility where content which has been modified ?

Not sure I understand the sentence you grant GitHub the rights we need to use Your Content without attribution.

Should it be intended as:

you grant github the rights we need to use Your Content without attribution [as necessary to render the website and provide the Service] AND

you grant github the rights we need to make reasonable adaptations to Your Content as necessary to render the Website and provide the Service

or

you grant github the rights we need to use Your Content without attribution [for anything we want] AND

you grant github the rights we need to make reasonable adaptations to Your Content as necessary to render the Website and provide the Service

?

@Oneiroi Thanks for the suggestion, but it would overcomplicate our Terms if we wrote them to anticipate every possible situation.

@cosimo Good question. You grant GitHub the rights we need (to use Your Content without attribution AND to make reasonable adaptations of Your Content) as necessary to render the Website and provide the Service.

"...as necessary to render the Website and provide the Service" limits both.

AB-Kent · 2017-07-14T12:50:00Z

Policies/github-corporate-terms-of-service.md


 ### E. Private Repositories
-**Short version:** *You may have access to private repositories. The content of private repositories is confidential, and we only access it for support reasons, with your consent, or if required for maintenance or security reasons.*
+**Short version:** *You may have access to private repositories. We treat the content of private repositories as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.*


if required for security reasons (remove 'to')

@PKI-Kent That's actually not a typo: read it as "...if required to do so, for security reasons."

...I might could rephrase that.

jayeshatnest · 2017-07-16T11:38:40Z

Policies/github-corporate-terms-of-service.md

-### E. Copyright Infringement and DMCA Policy
+You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; GitHub is not liable for disclosures to third parties that you authorize to access a private repository.
+#### 4. Exclusions.
+If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be [compelled by law](/articles/github-privacy-statement/#how-we-respond-to-compelled-disclosure) to disclose the contents of your private repositories.


In such case github should inform/intimate organization about disclose of contents along with detailed reasoning.

... before such disclosure happens, so legal action stays possible.

That might require a warrant canary in the case of demands for disclosure that include gag orders.

@jayeshatnest @berlincount @gau-veldt If you check the link there — https://help.github.com/articles/github-privacy-statement/#how-we-respond-to-compelled-disclosure — you'll see it goes to our policy detailing how we inform our users regarding subpoenas.

@gau-veldt — yes, but there may be a reason we don't have one of those.

Kasijjuf

The letter of the heading for the Payment section should be changed from K to L.

CrazyPython · 2017-07-16T22:37:10Z

This is as good as terms of service feedback gets, using a code review system...

bluemazzoo · 2017-07-17T01:07:50Z

@Kasijjuf Thanks for catching that! This version has been updated.

Update conference website to GitHub Universe

combs · 2017-07-17T18:00:19Z

The "Contribution Guidelines" link above takes me to a page that says "There isn't anything to compare."

hyunjeeson

In Section 4 - License Grant to Us -- you speak about "sharing" and "distributing" content to other users. I would add a qualifier to this that you will only share or distribute to other users, if the user has chosen to make it public. If we want to keep certain content public, we should be able to do so, and therefore, the license should not extend to sharing and distributing, unless Github has permission to do so.

bmerry · 2017-07-22T08:18:21Z

Policies/github-corporate-terms-of-service.md

+#### 1. Control of Private Repositories.
+Paid accounts may have private repositories, which allow the User to control access to Content.
+#### 2. Confidentiality of Private Repositories.
+GitHub considers the contents of private repositories, and only the contents of private repositories, to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.


The discussion in #1 re "only the content of private repositories" is also applicable here e.g. account passwords, billing information, probably lots of other information should be treated as confidential.

Thanks, @bmerry. We agree, and we've fixed it. f470f8a

Here are a few edits based on the following feedback: #19 #1 (comment) #1 (comment) #1 (comment)

…-2017' into github-corporate-tos-update-july-2017 # Conflicts: # Policies/github-corporate-terms-of-service.md

bluemazzoo · 2017-07-26T23:39:59Z

Hi everyone,

Thanks for all of your contributions. We just added some updated language to the following drafts, based on feedback we've received here:

DMCA Takedown Policy
Corporate ToS
standard ToS

Just a friendly reminder, the final drafts will become effective on August 7, so we'd appreciate it if you could provide your feedback and contributions by Tuesday, August 1. That will give us time to review the rest of the feedback, and if necessary, incorporate that feedback into our policies. If we receive substantial feedback after August 1, we will probably set it aside until our next review period.

In addition to this review, we'll be responding to any issues that haven't received responses yet during this comment period. We will be accepting some of the changes users have suggested, but not all of the suggestions, and we will discuss some of those decisions. Additionally, several users offered excellent suggestions that will take more time to implement than we have in this drafting period, but we're working on those ideas.

@AEITS

Thanks to @AEITS for [your contributions](#68) to the publicity section changes! Other edits include the removal of the last sentence from the "Additional Terms" subsection of section B and a clarification in subsections 2 and 3 in section M.

bluemazzoo added 3 commits June 9, 2017 17:06

DRAFT UPDATE to GitHub Corporate Terms of Service

b7f5d80

This is a Draft Update to the GitHub Corporate Terms of Service. These changes will not be effective until July 21, 2017.

Better "short version" explanation

899a392

Update github-corporate-terms-of-service.md

fa9b8e4

Oneiroi reviewed Jul 11, 2017

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AB-Kent reviewed Jul 14, 2017

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github deleted a comment from Aleksandriy Jul 14, 2017

jayeshatnest reviewed Jul 16, 2017

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Kasijjuf suggested changes Jul 16, 2017

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Update github-corporate-terms-of-service.md

8f492a4

Update conference website

a79573d

Update conference website to GitHub Universe

hyunjeeson suggested changes Jul 19, 2017

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bmerry reviewed Jul 22, 2017

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bluemazzoo added 2 commits July 26, 2017 16:22

Additional edits based on feedback

f470f8a

Here are a few edits based on the following feedback: #19 #1 (comment) #1 (comment) #1 (comment)

Merge remote-tracking branch 'origin/github-corporate-tos-update-july…

8534d00

…-2017' into github-corporate-tos-update-july-2017 # Conflicts: # Policies/github-corporate-terms-of-service.md

wking mentioned this pull request Jul 28, 2017

TOS Typo #60

Closed

bluemazzoo added the 2017 - Summer label Aug 1, 2017

Update github-corporate-terms-of-service.md

8f48dfd

Thanks to @AEITS for [your contributions](#68) to the publicity section changes! Other edits include the removal of the last sentence from the "Additional Terms" subsection of section B and a clarification in subsections 2 and 3 in section M.

bluemazzoo merged commit 8ec3613 into master Aug 5, 2017

mlinksva deleted the github-corporate-tos-update-july-2017 branch September 24, 2017 17:22

DRAFT UPDATE to GitHub Corporate Terms of Service #2

DRAFT UPDATE to GitHub Corporate Terms of Service #2

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bluemazzoo commented Jun 10, 2017 •

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