Suggestions to expressly limit rights #87
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wking
reviewed
Oct 6, 2017
| 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. | ||
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| 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. | ||
| This license does not grant GitHub any additional rights not expressly granted above unless granted by a [project license](/articles/adding-a-license-to-a-repository/#including-an-open-source-license-in-your-repository) or other terms and conditions applicable to your content. |
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The old line is also present in github-terms-of-service.md. I recommend keeping those two places in sync. This applies to the second hunk you alter as well.
Author
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I didn't expect this would necessarily be merged directly, rather taken as a suggestion to Github for future TOS updates. It would ultimately be up to Github where the 2 TOS need to align.
Author
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The goal was not to clarify that no additional grants were required, rather that none are given, i.e. Github gets the rights described in the TOS + rights based on the license. Users get the rights to use it in Github + rights based on the license. |
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On Fri, Oct 06, 2017 at 02:07:23PM -0700, craigez wrote:
The goal was not to clarify that no additional grants were required,
rather that none are given, i.e. Github gets the rights described in
the TOS + rights based on the license. Users get the rights to use
it in Github + rights based on the license.
I'm confused. You're concerned that the ToS would be a vehicle for
granting GitHub and/or other users more rights than the ToS requires
you to grant them? Assuming there is a agreement on the set of rights
covered by “You grant us…”, “you grant each user…”, etc., I don't
see how the ToS could be construed to grant additional rights.
Towards the end of the ToS, there's [1,2]:
These Terms of Service, together with the GitHub Privacy Statement,
represent the complete and exclusive statement of the agreement
between you and us.
The project license isn't listed in that line, but maybe it gets
looped in due to references from the ToS like the existing [3,4]:
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.
But however the project license is included in that complete-agreement
clause, it seems to me that the purpose of the complete-agreement
section is to make clear that nobody is granting anybody rights that
aren't discussed in the ToS or documents referenced from the ToS.
[1]: https://github.com/github/site-policy/blob/2017-08-07/Policies/github-terms-of-service.md#5-amendments-complete-agreement
[2]: https://github.com/github/site-policy/blob/2017-08-07/Policies/github-corporate-terms-of-service.md#5-amendments-complete-agreement
[3]: https://github.com/github/site-policy/blob/2017-08-07/Policies/github-terms-of-service.md#3-ownership-of-content-right-to-post-and-license-grants
[4]: https://github.com/github/site-policy/blob/2017-08-07/Policies/github-corporate-terms-of-service.md#3-ownership-of-content-right-to-post-and-license-grants
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Author
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The goal was to strength the ToS in this regard. It's just incremental improvements to something that is already fairly good. One suggestion in the PR is to move away from giving specific examples of things that are not included:
as it could potentially be construed that some right not explicitly listed as excluded may be granted. |
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On Fri, Oct 06, 2017 at 10:16:13PM +0000, craigez wrote:
One suggestion in the PR is to move away from giving specific
examples of things that are not included:
> the right to sell Your Content or otherwise distribute or use it
> outside of our provision of the Service
as it could potentially be construed that some right not explicitly
listed as excluded may be granted.
That makes sense to me. And if “this license” is provided via the
project license, it may include the right for GitHub to sell Your
Content (e.g. the OSI's free-redistribution criterion forbids
restricting the right to sell the licensed software [1], so GitHub is
free to sell any OSI-licensed software). I am in favor of removing
that specific example.
But I don't see the need (yet?) for a blanket “but not other rights”
clarification to replace-ish the former specific example.
[1]: https://opensource.org/osd#free-redistribution
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Contributor
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Thank you all for your comments! Closing this pull request, since we have not incorporated these changes at this time. |
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@theseawitch I think we had a discussion about this months ago with @vjayn and others, or perhaps it was another Github lawyer? Regardless I finally submitted the suggestions. @acrlewis @jsrigby