Comments (4)
wking
commented on May 31, 2024
On Fri, Jul 28, 2017 at 06:57:34PM +0000, Denver Gingerich wrote:
If a more complex change is desired, I generally approve of the
approach of #52, though I think using the OSI list of licenses is
sufficient (as opposed to using the nearly-exhaustive list of lists
in #52), especially since GitHub self-identifies as "The largest
open source community in the world" (see
https://github.com/open-source ) and so GitHub should be fine with
agreeing to the terms of licenses that the Open Source Initiative
approves.
The “explicitly whitelist licenses” approach suggested here and in #52
means that folks whose licenses cover the permissions required by
GitHub but which are not approved by the license-categorization bodies
listed will still need to grant the rights covered in §D.4. For
projects where the GitHub poster is not the sole copyright holder,
that may not be possible. #54, on the other hand, only requires a new
right-grant when the license does not already supply the required
permission.
An alternative would be for GitHub to remove the "License Grant to
Us" section completely, and rely on the usual caching and similar
"common carrier"-related laws that most web companies rely on
already.
I don't think that's possible. Consider someone hosting their own
all-rights-reserved content in a public GitHub repo [1]. In that
case, nobody is authorized to copy the content, but GitHub clearly
needs to make local copies and display them to other users as part of
reliable hosting it. Without §D.4, GitHub has no right to make or
display those local copies, just like the general public is not
allowed to copy/distribute that work.
Fair use (and presumably similar things outside the US) may cover the
rights GitHub needs for excerpts like search results. But I don't
think they go so far as to sharing copies of the complete work ;).
[1]: #38 (comment)
from site-policy.
ossguy
commented on May 31, 2024
Google caches copies of entire web pages/sites (see the drop-down next to one of its search results to get the cached version) so I think there is at least some law protecting it and similar companies from redistributing complete copies of all-rights-reserved works, at least in some circumstances.
Hopefully GitHub will be able to respond with its rationale for either (a) not relying on the existing caching or fair use provisions in the law or (b) requiring more permissions than the licenses in the OSI-approved list offer.
from site-policy.
wking
commented on May 31, 2024
On Fri, Jul 28, 2017 at 08:01:32PM +0000, Denver Gingerich wrote:
Google caches copies of entire web pages/sites (see the drop-down
next to one of its search results to get the cached version) so I
think there is at least some law protecting it and similar companies
from redistributing complete copies of all-rights-reserved works, at
least in some circumstances.
A quick hunt around turned up [1]. I'm not entirely convinced by the
discussion (e.g. it claims that “it is the user, not Google, who
creates and downloads a copy of the cached Web page” and that
“automated copying by machines occasioned by others not sufficient”
[2]). But regardless of whether that makes sense or not, the second
argument about implied license (also starting on [2]) makes sense to
me. However, if you're relying on an implied license to serve the
pages (“of course we're copying and sharing these, the posted
explicitly chose to put them in a public repo”), I wouldn't be
surprised if GitHub prefered to have an explicit license (via the ToS
section) instead ;).
[1]: https://en.wikipedia.org/wiki/Field_v._Google,_Inc.
[2]: http://fairuse.stanford.edu/primary_materials/cases/fieldgoogle.pdf#page=11
from site-policy.
nsqe
commented on May 31, 2024
I've just answered @mirabilos's suggestion about FOSS licenses else-issue. I think that may resolve this as well, so I'm going to close this. Please keep an eye out for our new document!
from site-policy.
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