OSS licences vs. ToS: moral rights about site-policy

[nsqe]

@mirabilos — again, as I mentioned in my comment in #7, we really appreciate this review.

One thing I noticed in the post-pull#1 wording is that it only applies to “Your Content”, which is defined as content that the person uploading it to GitHub creates or owns. Is this deliberate?

Yes, this is deliberate, and was added specifically to address some of the same concerns you mentioned back in March. We want to differentiate content that the user creates or owns from content that the user is uploading that was created by others and is licensed.

If the user creates content on GitHub or is uploading content he or she owns, the user can grant us the permission we require regardless of the license the user has applied to the content. If the user is uploading content created by others that is licensed, the section on Moral Rights does not apply.

So again, I believe the changes we have made address your concerns. As with #7, I'm interested in any comments the rest of the community has, so I'll leave this open for discussion.

[mirabilos]

Hi Hannah,

@mirabilos — again, as I mentioned in my comment in @#7, we really appreciate @this review.

thanks.

> One thing I noticed in the post-pull#1 wording is that it only > applies to “Your Content”, which is defined as content that the > person uploading it to GitHub creates or owns. Is this deliberate? Yes, this is deliberate, and was added specifically to address some of the same concerns you mentioned back in March. We want to

OK, I’ll see about that, but it may just suffice for this issue. I’ll have to reread the two entire issue threads and check with the information you have given me (thanks!) and will write again, I just haven’t got the time to do so and had taken ill for today, but I’ll look at this once I get enough time to do it properly. Thanks!

[mirabilos]

If the user is uploading content created by others that is licensed, the section on Moral Rights does not apply.

That’s good enough for me, I consider this specific issue closed with that update.

[wking]

On Fri, Jul 7, 2017 at 04:03PM -0700, nsqe wrote: We want to differentiate content that the user creates or owns from content that the user is uploading that was created by others and is licensed. … If the user is uploading content created by others that is licensed, the section on Moral Rights does not apply.

Why do you want to differentiate? Say Alice creates a work and publishes it with an open license to a Git repository hosted on her website. Then Bob clones Alice's work and uploads it to a GitHub repository (so he doesn't have the copyright or moral rights). Carol creates a separate work under the same license and uploads it to GitHub directly. Alice's license grant for the rights in §D.4 [1] (and fair-use, etc.) is sufficient to allow indexing and displaying search results, etc. for Bob's repository (especially if you're always linking back from the excerpt to the source repo). If it wasn't, you couldn't host things like [2] on GitHub. So why would you need Carol to waive any moral rights to index and display search results, etc. for her repository? Isn't her license sufficient, just like Alice's license was sufficient? [1]: https://github.com/github/site-policy/blob/75c016d80fe819c192f5c953eb3829bee63462a2/Policies/github-terms-of-service.md#4-license-grant-to-us [2]: https://github.com/torvalds/linux

[mirabilos]

W. Trevor King dixit:

So why would you need Carol to waive any moral rights to index and display search results, etc. for her repository? Isn't her license sufficient, just like Alice's license was sufficient?

Ask the GitHub people… I’m surprised as well, but as long as the ToS don’t require Bob to grant the waiver (which they cannot) or Alice (who doesn’t upload this content to GitHub so is out of the tailor) I’m fine, from a point-of-view matching my generic review of the ToS and their suitability for Free/OSS projects.