If someone else uploads my GPL'd code to Github without my permission, do they not put it at risk of being...
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If someone else uploads my GPL'd code to Github without my permission, do they not put it at risk of being stolen by Microsoft?
How do I license, “Use my code as per the GNU GPL, but don't put it on GitHub”Are the new GitHub Terms of service a kiss of death for open source projects?Can I distribute signed binaries of someone else's GPL'd code without distributing the private key?How do I license, “Use my code as per the GNU GPL, but don't put it on GitHub”
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I was alarmed to see that someone uploaded one of my old GPL'd projects to Github.
Github has refused to remove it however, and suggests I contact the uploader who is completely anonymous and cannot be contacted.
Even though the GPL allows copying, this is alarming because Microsoft is a malicious company, both now and in the past.
The act of uploading could be used by their corporate lawyers to claim that they can automatically abscond with my copyright.
Or what if Microsoft attempts to give itself rights that are not addressed by the GPL?
Years ago, the "fine print" on Sourceforge literally said that by uploading code you are assigning copyright to them. It was a clear attempt at theft-by-lawyer. All Microsoft has to do is change their fine print for 1 day and they can claim that my code is theirs.
gpl github microsoft
|
show 14 more comments
I was alarmed to see that someone uploaded one of my old GPL'd projects to Github.
Github has refused to remove it however, and suggests I contact the uploader who is completely anonymous and cannot be contacted.
Even though the GPL allows copying, this is alarming because Microsoft is a malicious company, both now and in the past.
The act of uploading could be used by their corporate lawyers to claim that they can automatically abscond with my copyright.
Or what if Microsoft attempts to give itself rights that are not addressed by the GPL?
Years ago, the "fine print" on Sourceforge literally said that by uploading code you are assigning copyright to them. It was a clear attempt at theft-by-lawyer. All Microsoft has to do is change their fine print for 1 day and they can claim that my code is theirs.
gpl github microsoft
2
Comments are not for extended discussion; this conversation has been moved to chat. Comments about Microsoft's business ethics are not related to the mechanical question being asked and are welcome to be made in chat.
– apsillers♦
14 hours ago
5
This asks two very different questions ("Is it s a copyright violation to post someone's GPL-licensed work to GitHub?" and "Can a site's ToS lay claim to an author's copyright when the author does not enter into any agreement with the site's owner?"). Such different questions ought to be in different question-posts, but since you've already received answers for both components, I'll leave them both. I've removed off-topic discussion about Microsoft's business practices but left in the mechanical legal questions. People interested in discussion about Microsoft may use the chat link above.
– apsillers♦
13 hours ago
1
That's fine: your technical licensing question can have any motivation you'd like. That motivation is not relevant to answering the question, though, and, in this case, is generating a ton of extra noise unrelated to the Q&A here (though it's welcome in the chat room!). An analogously unnecessary justification might be, "How do I stop my GPL software from being used by the military? They recently bombed [location] for [reason] and I find that morally objectionable." The entire second sentence is unrelated to the licensing question being asked, and is likely to generate off-topic noise.
– apsillers♦
9 hours ago
2
I'm voting to close this question as off-topic because OP is just using this SE site as a platform to troll/rant about Microsoft, promoting misunderstanding of the GPL in the process, and uninterested in listening to answers to the nominal question since the question was just an excuse to troll.
– R..
8 hours ago
1
I think you are missing apsillers' point. The analogy is not attempting to relate to whether or not the third party will try to claim ownership. The analogy is to demonstrate that the motivation of disliking the third party is not relevant to the question being asked. Consider for example: "How do I uninstall Windows?" vs. "How do I uninstall Windows? I want to do so because I hate Microsoft". The latter adds nothing to the question and only serves as a distraction.
– JBentley
7 hours ago
|
show 14 more comments
I was alarmed to see that someone uploaded one of my old GPL'd projects to Github.
Github has refused to remove it however, and suggests I contact the uploader who is completely anonymous and cannot be contacted.
Even though the GPL allows copying, this is alarming because Microsoft is a malicious company, both now and in the past.
The act of uploading could be used by their corporate lawyers to claim that they can automatically abscond with my copyright.
Or what if Microsoft attempts to give itself rights that are not addressed by the GPL?
Years ago, the "fine print" on Sourceforge literally said that by uploading code you are assigning copyright to them. It was a clear attempt at theft-by-lawyer. All Microsoft has to do is change their fine print for 1 day and they can claim that my code is theirs.
gpl github microsoft
I was alarmed to see that someone uploaded one of my old GPL'd projects to Github.
Github has refused to remove it however, and suggests I contact the uploader who is completely anonymous and cannot be contacted.
Even though the GPL allows copying, this is alarming because Microsoft is a malicious company, both now and in the past.
The act of uploading could be used by their corporate lawyers to claim that they can automatically abscond with my copyright.
Or what if Microsoft attempts to give itself rights that are not addressed by the GPL?
Years ago, the "fine print" on Sourceforge literally said that by uploading code you are assigning copyright to them. It was a clear attempt at theft-by-lawyer. All Microsoft has to do is change their fine print for 1 day and they can claim that my code is theirs.
gpl github microsoft
gpl github microsoft
edited 59 mins ago
derik
asked Aug 5 at 0:37
derikderik
1561 gold badge2 silver badges9 bronze badges
1561 gold badge2 silver badges9 bronze badges
2
Comments are not for extended discussion; this conversation has been moved to chat. Comments about Microsoft's business ethics are not related to the mechanical question being asked and are welcome to be made in chat.
– apsillers♦
14 hours ago
5
This asks two very different questions ("Is it s a copyright violation to post someone's GPL-licensed work to GitHub?" and "Can a site's ToS lay claim to an author's copyright when the author does not enter into any agreement with the site's owner?"). Such different questions ought to be in different question-posts, but since you've already received answers for both components, I'll leave them both. I've removed off-topic discussion about Microsoft's business practices but left in the mechanical legal questions. People interested in discussion about Microsoft may use the chat link above.
– apsillers♦
13 hours ago
1
That's fine: your technical licensing question can have any motivation you'd like. That motivation is not relevant to answering the question, though, and, in this case, is generating a ton of extra noise unrelated to the Q&A here (though it's welcome in the chat room!). An analogously unnecessary justification might be, "How do I stop my GPL software from being used by the military? They recently bombed [location] for [reason] and I find that morally objectionable." The entire second sentence is unrelated to the licensing question being asked, and is likely to generate off-topic noise.
– apsillers♦
9 hours ago
2
I'm voting to close this question as off-topic because OP is just using this SE site as a platform to troll/rant about Microsoft, promoting misunderstanding of the GPL in the process, and uninterested in listening to answers to the nominal question since the question was just an excuse to troll.
– R..
8 hours ago
1
I think you are missing apsillers' point. The analogy is not attempting to relate to whether or not the third party will try to claim ownership. The analogy is to demonstrate that the motivation of disliking the third party is not relevant to the question being asked. Consider for example: "How do I uninstall Windows?" vs. "How do I uninstall Windows? I want to do so because I hate Microsoft". The latter adds nothing to the question and only serves as a distraction.
– JBentley
7 hours ago
|
show 14 more comments
2
Comments are not for extended discussion; this conversation has been moved to chat. Comments about Microsoft's business ethics are not related to the mechanical question being asked and are welcome to be made in chat.
– apsillers♦
14 hours ago
5
This asks two very different questions ("Is it s a copyright violation to post someone's GPL-licensed work to GitHub?" and "Can a site's ToS lay claim to an author's copyright when the author does not enter into any agreement with the site's owner?"). Such different questions ought to be in different question-posts, but since you've already received answers for both components, I'll leave them both. I've removed off-topic discussion about Microsoft's business practices but left in the mechanical legal questions. People interested in discussion about Microsoft may use the chat link above.
– apsillers♦
13 hours ago
1
That's fine: your technical licensing question can have any motivation you'd like. That motivation is not relevant to answering the question, though, and, in this case, is generating a ton of extra noise unrelated to the Q&A here (though it's welcome in the chat room!). An analogously unnecessary justification might be, "How do I stop my GPL software from being used by the military? They recently bombed [location] for [reason] and I find that morally objectionable." The entire second sentence is unrelated to the licensing question being asked, and is likely to generate off-topic noise.
– apsillers♦
9 hours ago
2
I'm voting to close this question as off-topic because OP is just using this SE site as a platform to troll/rant about Microsoft, promoting misunderstanding of the GPL in the process, and uninterested in listening to answers to the nominal question since the question was just an excuse to troll.
– R..
8 hours ago
1
I think you are missing apsillers' point. The analogy is not attempting to relate to whether or not the third party will try to claim ownership. The analogy is to demonstrate that the motivation of disliking the third party is not relevant to the question being asked. Consider for example: "How do I uninstall Windows?" vs. "How do I uninstall Windows? I want to do so because I hate Microsoft". The latter adds nothing to the question and only serves as a distraction.
– JBentley
7 hours ago
2
2
Comments are not for extended discussion; this conversation has been moved to chat. Comments about Microsoft's business ethics are not related to the mechanical question being asked and are welcome to be made in chat.
– apsillers♦
14 hours ago
Comments are not for extended discussion; this conversation has been moved to chat. Comments about Microsoft's business ethics are not related to the mechanical question being asked and are welcome to be made in chat.
– apsillers♦
14 hours ago
5
5
This asks two very different questions ("Is it s a copyright violation to post someone's GPL-licensed work to GitHub?" and "Can a site's ToS lay claim to an author's copyright when the author does not enter into any agreement with the site's owner?"). Such different questions ought to be in different question-posts, but since you've already received answers for both components, I'll leave them both. I've removed off-topic discussion about Microsoft's business practices but left in the mechanical legal questions. People interested in discussion about Microsoft may use the chat link above.
– apsillers♦
13 hours ago
This asks two very different questions ("Is it s a copyright violation to post someone's GPL-licensed work to GitHub?" and "Can a site's ToS lay claim to an author's copyright when the author does not enter into any agreement with the site's owner?"). Such different questions ought to be in different question-posts, but since you've already received answers for both components, I'll leave them both. I've removed off-topic discussion about Microsoft's business practices but left in the mechanical legal questions. People interested in discussion about Microsoft may use the chat link above.
– apsillers♦
13 hours ago
1
1
That's fine: your technical licensing question can have any motivation you'd like. That motivation is not relevant to answering the question, though, and, in this case, is generating a ton of extra noise unrelated to the Q&A here (though it's welcome in the chat room!). An analogously unnecessary justification might be, "How do I stop my GPL software from being used by the military? They recently bombed [location] for [reason] and I find that morally objectionable." The entire second sentence is unrelated to the licensing question being asked, and is likely to generate off-topic noise.
– apsillers♦
9 hours ago
That's fine: your technical licensing question can have any motivation you'd like. That motivation is not relevant to answering the question, though, and, in this case, is generating a ton of extra noise unrelated to the Q&A here (though it's welcome in the chat room!). An analogously unnecessary justification might be, "How do I stop my GPL software from being used by the military? They recently bombed [location] for [reason] and I find that morally objectionable." The entire second sentence is unrelated to the licensing question being asked, and is likely to generate off-topic noise.
– apsillers♦
9 hours ago
2
2
I'm voting to close this question as off-topic because OP is just using this SE site as a platform to troll/rant about Microsoft, promoting misunderstanding of the GPL in the process, and uninterested in listening to answers to the nominal question since the question was just an excuse to troll.
– R..
8 hours ago
I'm voting to close this question as off-topic because OP is just using this SE site as a platform to troll/rant about Microsoft, promoting misunderstanding of the GPL in the process, and uninterested in listening to answers to the nominal question since the question was just an excuse to troll.
– R..
8 hours ago
1
1
I think you are missing apsillers' point. The analogy is not attempting to relate to whether or not the third party will try to claim ownership. The analogy is to demonstrate that the motivation of disliking the third party is not relevant to the question being asked. Consider for example: "How do I uninstall Windows?" vs. "How do I uninstall Windows? I want to do so because I hate Microsoft". The latter adds nothing to the question and only serves as a distraction.
– JBentley
7 hours ago
I think you are missing apsillers' point. The analogy is not attempting to relate to whether or not the third party will try to claim ownership. The analogy is to demonstrate that the motivation of disliking the third party is not relevant to the question being asked. Consider for example: "How do I uninstall Windows?" vs. "How do I uninstall Windows? I want to do so because I hate Microsoft". The latter adds nothing to the question and only serves as a distraction.
– JBentley
7 hours ago
|
show 14 more comments
7 Answers
7
active
oldest
votes
Generally, anyone who receives software under the GNU GPL may redistribute it however they please*, and those recipients have the right to distribute it further, etc. This definitely allows recipients to post copies of the software to online servers to facilitate further distribution. It's not really correct to say this is done "without your permission" since you gave permission for your software to be redistributed in this way when you licensed it under the GPL.
The GPL FAQ further clarifies that the GPL does not even require a redistributor to notify you (nor does any FLOSS license require this).
In the case of GitHub in particular, there has been some speculation that their terms of service are technically incompatible with the GPL, but even the FSF itself has found the possibility very unlikely. (See Are the new GitHub Terms of service a kiss of death for open source projects?)
* Redistribution is allowed as long as they meet the requirements to preserve the GPL notices/permissions downstream and that any binaries are accompanied by source; see MadHatter's answer as well.
add a comment |
APSillers' answer is excellent, but I'd add one thing: although by licensing under the GPL you gave permission to anyone to redistribute your code, you by the same mechanism required that such redistribution be under the relevant version of the GPL. If this github repository isn't clearly GPL'ed, then a copyright violation is occurring, and you as the rightsholder have every right to have this repository taken down.
Whether that's happening in this case we have no hope of saying without knowing the exact repo in question.
Just to clarify "every right to have this repository taken down", do you mean that OP could require GitHub to remove it, or the person who posted it?
– JBentley
12 hours ago
2
@JBentley either, as the OP chooses. GitHub must act promptly on receipt of notification that it's distributing infringing content in order to retain safe harbor status under OCILLA.
– MadHatter
10 hours ago
@MadHatter Maybe, maybe not. I know that Microsoft/GitHub will not take any action against projects that are represented as being AGPL but actually have additional licensing terms that are not part of the AGPL. Though that may be because the actual violation is against the copyright of the AGPL itself, so only the FSF can file a formal copyright complaint.
– TKK
8 hours ago
@TKK that is likely because the only people who can issue a meaningful OCILLA takedown notice are the rightsholders (or their designated agents), which in your example is probably not the FSF, but in this case is the OP. Anyone else complaining may lawfully be ignored.
– MadHatter
49 mins ago
add a comment |
To address some of the questions in the follow-up edit:
For instance, what if Microsoft does something illegal
If someone is going to break the law and steal your code, then they are going to break the law and steal your code. It makes absolutely no difference whether the code is hosted on Github or any other site. Even if the code is only available on your personal website, somebody could download it from there and use it in violation of the open source license, for example by incorporating it into a closed-source project.
Licenses are not magic spells; they don't prevent somebody from using the code in an unlawful way. What they do is give you the ability to take that person to court if they violate your rights (assuming you find out about it).
like assign the copyright of my work to itself, or give itself rights that are not addressed by the GPL?
Microsoft cannot "assign" copyright of your work, nor can Microsoft "give itself rights" to your code, because it is not their copyright to assign in the first place. Only you as the copyright owner can legally assign your copyright to somebody else, and only you can choose to grant rights to other people through the choice of an open-source license.
If Microsoft were to claim rights to your code which you hadn't granted (either individually to Microsoft, or generally to everybody via the GPL) then they would be making a false claim and possibly breaking the law, at which point they could be sued or prosecuted depending on exactly what they did and which legal jurisdiction they did it in.
All Microsoft has to do is change their fine print for 1 day and they can claim that my code is theirs.
It doesn't work like that. Changing the terms on their website doesn't magically seize ownership of all code that is currently hosted on that site. If Microsoft did wish to change the terms of Github to require copyright assignment (which I'm 100% sure they will never do, because nobody would use it on these terms and the site would be dead in a heartbeat), the change would only apply to code that was uploaded after the new terms were put into effect, and would require explicit agreement by the copyright holder at the point where they uploaded the code. This would mean that Microsoft would probably need to delete all existing projects (including yours) that did not agree to copyright re-assignment.
Summary
Regardless of how you may personally feel about Microsoft, your concerns are unwarranted. Your code does not become vulnerable to some kind of "copyright seizure" simply by being on Github, because there is no such concept.
The only rights Microsoft have to your code is the rights you have chosen to grant via releasing the code as GPL. If you did not want them to have those rights, you shouldn't have released it as GPL in the first place.
New contributor
1
"then they would be making a false claim and possibly breaking the law" Yes, but if someone used the code in a closed-source software, you'll never know that they broke the law.
– Tobias Knauss
yesterday
1
@TobiasKnauss Not necessarily true. High level code compiles to patterns that can be detected. It just requires using all versions of a compiler to generate the patterns. Furthermore assembly language code assembles to the same specific patterns.
– derik
13 hours ago
Incorporating open-source code in closed-source project by itself usually does not violate open source licenses. Distributing such software might be violating.
– n0rd
5 hours ago
Regarding "it doesn't work like that", I suggest that you speak with a lawyer because last I checked, it does work like that.
– derik
54 mins ago
add a comment |
Short answer: Probably not a violation.
Long answer (using the relevant part from GPL - since you did not specify the version):
You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this
General Public License and to the absence of any warranty; and give any
other recipients of the Program a copy of this General Public License
along with the Program.
Did the uploader comply with the requirements above? Then it is not a copyright/license violation.
New contributor
3
There is no "probably" here. Your quoted paragraph is straight from GPL v1. The current v3 contains the same (with different wording and some extensions, none of which restrict the right to copy and distribute). OP does not mention anything about missing copyright notices, but is clearly asking about the simple fact that someone published the GPLed code on github.
– AnoE
21 hours ago
add a comment |
The ability to redistribute the source code code (to a site like GitHub) is a fundamental aspect of the GNU/GPL licence. If you wish to prevent someone from doing this, then perhaps releasing the project / code under a different licence would be worth while.
New contributor
1
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik Your question was "If someone else uploads my GPL'd code to Github without my permission, is that a copyright violation?" and you opened by saying you were "alarmed to see" that this had occurred. This answer addresses both parts. The first sentence tells you (by implication) that it is not a copyright violation. The second sentence implies that you don't have a justification to be alarmed, because you made the choice to use GPL and therefore authorised this kind of scenario. I therefore think this is a perfectly valid answer to your question.
– JBentley
7 hours ago
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik You do realise that I directly copy and pasted from your question, right? You can't claim it isn't your question when it is exactly what you wrote, word for word.
– JBentley
5 hours ago
As this request for clarification moves forward, please be civil, everyone.
– apsillers♦
4 hours ago
|
show 2 more comments
No, they can copy or fork your whole code into a new GPLed project, or copy or any parts of your code into other GPLed projects, and distribute it however they like.
I'm assuming that copyright notices remain intact on this copy of your project.
I think the only possible offense here is plagiarism, if they claim to have written it. That's a separate thing from copyright violation.
To simplify, let's consider another case: I publish a book of plays and poems. I put my name on it. But the works inside are word-for-word copies of Shakespeare, whose name doesn't appear anywhere. The work is in the public domain so there's no copyright claim to be made, but I've committed a new offense by claiming to have written them. (This is a kind of fraud against society, as well as or instead of against Shakespeare.)
This may not actually be a crime, I'm not sure. But if the project doesn't credit you, that's probably why you're feeling offended even though (from what you've said) there's no sign of a copyright violation.
See also https://en.wikipedia.org/wiki/Moral_rights for more about the moral rights of authors to get credit for their work, regardless of copyright law. Some countries even have legislation supporting that.
New contributor
add a comment |
Possibly. The GPL requires distribution of build scripts and so forth. If source code only was uploaded and this was not sufficient to build the system then the licence conditions have not been met, so there would be no permission to distribute the source code.
New contributor
add a comment |
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7 Answers
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Generally, anyone who receives software under the GNU GPL may redistribute it however they please*, and those recipients have the right to distribute it further, etc. This definitely allows recipients to post copies of the software to online servers to facilitate further distribution. It's not really correct to say this is done "without your permission" since you gave permission for your software to be redistributed in this way when you licensed it under the GPL.
The GPL FAQ further clarifies that the GPL does not even require a redistributor to notify you (nor does any FLOSS license require this).
In the case of GitHub in particular, there has been some speculation that their terms of service are technically incompatible with the GPL, but even the FSF itself has found the possibility very unlikely. (See Are the new GitHub Terms of service a kiss of death for open source projects?)
* Redistribution is allowed as long as they meet the requirements to preserve the GPL notices/permissions downstream and that any binaries are accompanied by source; see MadHatter's answer as well.
add a comment |
Generally, anyone who receives software under the GNU GPL may redistribute it however they please*, and those recipients have the right to distribute it further, etc. This definitely allows recipients to post copies of the software to online servers to facilitate further distribution. It's not really correct to say this is done "without your permission" since you gave permission for your software to be redistributed in this way when you licensed it under the GPL.
The GPL FAQ further clarifies that the GPL does not even require a redistributor to notify you (nor does any FLOSS license require this).
In the case of GitHub in particular, there has been some speculation that their terms of service are technically incompatible with the GPL, but even the FSF itself has found the possibility very unlikely. (See Are the new GitHub Terms of service a kiss of death for open source projects?)
* Redistribution is allowed as long as they meet the requirements to preserve the GPL notices/permissions downstream and that any binaries are accompanied by source; see MadHatter's answer as well.
add a comment |
Generally, anyone who receives software under the GNU GPL may redistribute it however they please*, and those recipients have the right to distribute it further, etc. This definitely allows recipients to post copies of the software to online servers to facilitate further distribution. It's not really correct to say this is done "without your permission" since you gave permission for your software to be redistributed in this way when you licensed it under the GPL.
The GPL FAQ further clarifies that the GPL does not even require a redistributor to notify you (nor does any FLOSS license require this).
In the case of GitHub in particular, there has been some speculation that their terms of service are technically incompatible with the GPL, but even the FSF itself has found the possibility very unlikely. (See Are the new GitHub Terms of service a kiss of death for open source projects?)
* Redistribution is allowed as long as they meet the requirements to preserve the GPL notices/permissions downstream and that any binaries are accompanied by source; see MadHatter's answer as well.
Generally, anyone who receives software under the GNU GPL may redistribute it however they please*, and those recipients have the right to distribute it further, etc. This definitely allows recipients to post copies of the software to online servers to facilitate further distribution. It's not really correct to say this is done "without your permission" since you gave permission for your software to be redistributed in this way when you licensed it under the GPL.
The GPL FAQ further clarifies that the GPL does not even require a redistributor to notify you (nor does any FLOSS license require this).
In the case of GitHub in particular, there has been some speculation that their terms of service are technically incompatible with the GPL, but even the FSF itself has found the possibility very unlikely. (See Are the new GitHub Terms of service a kiss of death for open source projects?)
* Redistribution is allowed as long as they meet the requirements to preserve the GPL notices/permissions downstream and that any binaries are accompanied by source; see MadHatter's answer as well.
edited 2 days ago
answered Aug 5 at 3:50
apsillers♦apsillers
18.9k2 gold badges39 silver badges59 bronze badges
18.9k2 gold badges39 silver badges59 bronze badges
add a comment |
add a comment |
APSillers' answer is excellent, but I'd add one thing: although by licensing under the GPL you gave permission to anyone to redistribute your code, you by the same mechanism required that such redistribution be under the relevant version of the GPL. If this github repository isn't clearly GPL'ed, then a copyright violation is occurring, and you as the rightsholder have every right to have this repository taken down.
Whether that's happening in this case we have no hope of saying without knowing the exact repo in question.
Just to clarify "every right to have this repository taken down", do you mean that OP could require GitHub to remove it, or the person who posted it?
– JBentley
12 hours ago
2
@JBentley either, as the OP chooses. GitHub must act promptly on receipt of notification that it's distributing infringing content in order to retain safe harbor status under OCILLA.
– MadHatter
10 hours ago
@MadHatter Maybe, maybe not. I know that Microsoft/GitHub will not take any action against projects that are represented as being AGPL but actually have additional licensing terms that are not part of the AGPL. Though that may be because the actual violation is against the copyright of the AGPL itself, so only the FSF can file a formal copyright complaint.
– TKK
8 hours ago
@TKK that is likely because the only people who can issue a meaningful OCILLA takedown notice are the rightsholders (or their designated agents), which in your example is probably not the FSF, but in this case is the OP. Anyone else complaining may lawfully be ignored.
– MadHatter
49 mins ago
add a comment |
APSillers' answer is excellent, but I'd add one thing: although by licensing under the GPL you gave permission to anyone to redistribute your code, you by the same mechanism required that such redistribution be under the relevant version of the GPL. If this github repository isn't clearly GPL'ed, then a copyright violation is occurring, and you as the rightsholder have every right to have this repository taken down.
Whether that's happening in this case we have no hope of saying without knowing the exact repo in question.
Just to clarify "every right to have this repository taken down", do you mean that OP could require GitHub to remove it, or the person who posted it?
– JBentley
12 hours ago
2
@JBentley either, as the OP chooses. GitHub must act promptly on receipt of notification that it's distributing infringing content in order to retain safe harbor status under OCILLA.
– MadHatter
10 hours ago
@MadHatter Maybe, maybe not. I know that Microsoft/GitHub will not take any action against projects that are represented as being AGPL but actually have additional licensing terms that are not part of the AGPL. Though that may be because the actual violation is against the copyright of the AGPL itself, so only the FSF can file a formal copyright complaint.
– TKK
8 hours ago
@TKK that is likely because the only people who can issue a meaningful OCILLA takedown notice are the rightsholders (or their designated agents), which in your example is probably not the FSF, but in this case is the OP. Anyone else complaining may lawfully be ignored.
– MadHatter
49 mins ago
add a comment |
APSillers' answer is excellent, but I'd add one thing: although by licensing under the GPL you gave permission to anyone to redistribute your code, you by the same mechanism required that such redistribution be under the relevant version of the GPL. If this github repository isn't clearly GPL'ed, then a copyright violation is occurring, and you as the rightsholder have every right to have this repository taken down.
Whether that's happening in this case we have no hope of saying without knowing the exact repo in question.
APSillers' answer is excellent, but I'd add one thing: although by licensing under the GPL you gave permission to anyone to redistribute your code, you by the same mechanism required that such redistribution be under the relevant version of the GPL. If this github repository isn't clearly GPL'ed, then a copyright violation is occurring, and you as the rightsholder have every right to have this repository taken down.
Whether that's happening in this case we have no hope of saying without knowing the exact repo in question.
answered 2 days ago
MadHatterMadHatter
12k1 gold badge23 silver badges47 bronze badges
12k1 gold badge23 silver badges47 bronze badges
Just to clarify "every right to have this repository taken down", do you mean that OP could require GitHub to remove it, or the person who posted it?
– JBentley
12 hours ago
2
@JBentley either, as the OP chooses. GitHub must act promptly on receipt of notification that it's distributing infringing content in order to retain safe harbor status under OCILLA.
– MadHatter
10 hours ago
@MadHatter Maybe, maybe not. I know that Microsoft/GitHub will not take any action against projects that are represented as being AGPL but actually have additional licensing terms that are not part of the AGPL. Though that may be because the actual violation is against the copyright of the AGPL itself, so only the FSF can file a formal copyright complaint.
– TKK
8 hours ago
@TKK that is likely because the only people who can issue a meaningful OCILLA takedown notice are the rightsholders (or their designated agents), which in your example is probably not the FSF, but in this case is the OP. Anyone else complaining may lawfully be ignored.
– MadHatter
49 mins ago
add a comment |
Just to clarify "every right to have this repository taken down", do you mean that OP could require GitHub to remove it, or the person who posted it?
– JBentley
12 hours ago
2
@JBentley either, as the OP chooses. GitHub must act promptly on receipt of notification that it's distributing infringing content in order to retain safe harbor status under OCILLA.
– MadHatter
10 hours ago
@MadHatter Maybe, maybe not. I know that Microsoft/GitHub will not take any action against projects that are represented as being AGPL but actually have additional licensing terms that are not part of the AGPL. Though that may be because the actual violation is against the copyright of the AGPL itself, so only the FSF can file a formal copyright complaint.
– TKK
8 hours ago
@TKK that is likely because the only people who can issue a meaningful OCILLA takedown notice are the rightsholders (or their designated agents), which in your example is probably not the FSF, but in this case is the OP. Anyone else complaining may lawfully be ignored.
– MadHatter
49 mins ago
Just to clarify "every right to have this repository taken down", do you mean that OP could require GitHub to remove it, or the person who posted it?
– JBentley
12 hours ago
Just to clarify "every right to have this repository taken down", do you mean that OP could require GitHub to remove it, or the person who posted it?
– JBentley
12 hours ago
2
2
@JBentley either, as the OP chooses. GitHub must act promptly on receipt of notification that it's distributing infringing content in order to retain safe harbor status under OCILLA.
– MadHatter
10 hours ago
@JBentley either, as the OP chooses. GitHub must act promptly on receipt of notification that it's distributing infringing content in order to retain safe harbor status under OCILLA.
– MadHatter
10 hours ago
@MadHatter Maybe, maybe not. I know that Microsoft/GitHub will not take any action against projects that are represented as being AGPL but actually have additional licensing terms that are not part of the AGPL. Though that may be because the actual violation is against the copyright of the AGPL itself, so only the FSF can file a formal copyright complaint.
– TKK
8 hours ago
@MadHatter Maybe, maybe not. I know that Microsoft/GitHub will not take any action against projects that are represented as being AGPL but actually have additional licensing terms that are not part of the AGPL. Though that may be because the actual violation is against the copyright of the AGPL itself, so only the FSF can file a formal copyright complaint.
– TKK
8 hours ago
@TKK that is likely because the only people who can issue a meaningful OCILLA takedown notice are the rightsholders (or their designated agents), which in your example is probably not the FSF, but in this case is the OP. Anyone else complaining may lawfully be ignored.
– MadHatter
49 mins ago
@TKK that is likely because the only people who can issue a meaningful OCILLA takedown notice are the rightsholders (or their designated agents), which in your example is probably not the FSF, but in this case is the OP. Anyone else complaining may lawfully be ignored.
– MadHatter
49 mins ago
add a comment |
To address some of the questions in the follow-up edit:
For instance, what if Microsoft does something illegal
If someone is going to break the law and steal your code, then they are going to break the law and steal your code. It makes absolutely no difference whether the code is hosted on Github or any other site. Even if the code is only available on your personal website, somebody could download it from there and use it in violation of the open source license, for example by incorporating it into a closed-source project.
Licenses are not magic spells; they don't prevent somebody from using the code in an unlawful way. What they do is give you the ability to take that person to court if they violate your rights (assuming you find out about it).
like assign the copyright of my work to itself, or give itself rights that are not addressed by the GPL?
Microsoft cannot "assign" copyright of your work, nor can Microsoft "give itself rights" to your code, because it is not their copyright to assign in the first place. Only you as the copyright owner can legally assign your copyright to somebody else, and only you can choose to grant rights to other people through the choice of an open-source license.
If Microsoft were to claim rights to your code which you hadn't granted (either individually to Microsoft, or generally to everybody via the GPL) then they would be making a false claim and possibly breaking the law, at which point they could be sued or prosecuted depending on exactly what they did and which legal jurisdiction they did it in.
All Microsoft has to do is change their fine print for 1 day and they can claim that my code is theirs.
It doesn't work like that. Changing the terms on their website doesn't magically seize ownership of all code that is currently hosted on that site. If Microsoft did wish to change the terms of Github to require copyright assignment (which I'm 100% sure they will never do, because nobody would use it on these terms and the site would be dead in a heartbeat), the change would only apply to code that was uploaded after the new terms were put into effect, and would require explicit agreement by the copyright holder at the point where they uploaded the code. This would mean that Microsoft would probably need to delete all existing projects (including yours) that did not agree to copyright re-assignment.
Summary
Regardless of how you may personally feel about Microsoft, your concerns are unwarranted. Your code does not become vulnerable to some kind of "copyright seizure" simply by being on Github, because there is no such concept.
The only rights Microsoft have to your code is the rights you have chosen to grant via releasing the code as GPL. If you did not want them to have those rights, you shouldn't have released it as GPL in the first place.
New contributor
1
"then they would be making a false claim and possibly breaking the law" Yes, but if someone used the code in a closed-source software, you'll never know that they broke the law.
– Tobias Knauss
yesterday
1
@TobiasKnauss Not necessarily true. High level code compiles to patterns that can be detected. It just requires using all versions of a compiler to generate the patterns. Furthermore assembly language code assembles to the same specific patterns.
– derik
13 hours ago
Incorporating open-source code in closed-source project by itself usually does not violate open source licenses. Distributing such software might be violating.
– n0rd
5 hours ago
Regarding "it doesn't work like that", I suggest that you speak with a lawyer because last I checked, it does work like that.
– derik
54 mins ago
add a comment |
To address some of the questions in the follow-up edit:
For instance, what if Microsoft does something illegal
If someone is going to break the law and steal your code, then they are going to break the law and steal your code. It makes absolutely no difference whether the code is hosted on Github or any other site. Even if the code is only available on your personal website, somebody could download it from there and use it in violation of the open source license, for example by incorporating it into a closed-source project.
Licenses are not magic spells; they don't prevent somebody from using the code in an unlawful way. What they do is give you the ability to take that person to court if they violate your rights (assuming you find out about it).
like assign the copyright of my work to itself, or give itself rights that are not addressed by the GPL?
Microsoft cannot "assign" copyright of your work, nor can Microsoft "give itself rights" to your code, because it is not their copyright to assign in the first place. Only you as the copyright owner can legally assign your copyright to somebody else, and only you can choose to grant rights to other people through the choice of an open-source license.
If Microsoft were to claim rights to your code which you hadn't granted (either individually to Microsoft, or generally to everybody via the GPL) then they would be making a false claim and possibly breaking the law, at which point they could be sued or prosecuted depending on exactly what they did and which legal jurisdiction they did it in.
All Microsoft has to do is change their fine print for 1 day and they can claim that my code is theirs.
It doesn't work like that. Changing the terms on their website doesn't magically seize ownership of all code that is currently hosted on that site. If Microsoft did wish to change the terms of Github to require copyright assignment (which I'm 100% sure they will never do, because nobody would use it on these terms and the site would be dead in a heartbeat), the change would only apply to code that was uploaded after the new terms were put into effect, and would require explicit agreement by the copyright holder at the point where they uploaded the code. This would mean that Microsoft would probably need to delete all existing projects (including yours) that did not agree to copyright re-assignment.
Summary
Regardless of how you may personally feel about Microsoft, your concerns are unwarranted. Your code does not become vulnerable to some kind of "copyright seizure" simply by being on Github, because there is no such concept.
The only rights Microsoft have to your code is the rights you have chosen to grant via releasing the code as GPL. If you did not want them to have those rights, you shouldn't have released it as GPL in the first place.
New contributor
1
"then they would be making a false claim and possibly breaking the law" Yes, but if someone used the code in a closed-source software, you'll never know that they broke the law.
– Tobias Knauss
yesterday
1
@TobiasKnauss Not necessarily true. High level code compiles to patterns that can be detected. It just requires using all versions of a compiler to generate the patterns. Furthermore assembly language code assembles to the same specific patterns.
– derik
13 hours ago
Incorporating open-source code in closed-source project by itself usually does not violate open source licenses. Distributing such software might be violating.
– n0rd
5 hours ago
Regarding "it doesn't work like that", I suggest that you speak with a lawyer because last I checked, it does work like that.
– derik
54 mins ago
add a comment |
To address some of the questions in the follow-up edit:
For instance, what if Microsoft does something illegal
If someone is going to break the law and steal your code, then they are going to break the law and steal your code. It makes absolutely no difference whether the code is hosted on Github or any other site. Even if the code is only available on your personal website, somebody could download it from there and use it in violation of the open source license, for example by incorporating it into a closed-source project.
Licenses are not magic spells; they don't prevent somebody from using the code in an unlawful way. What they do is give you the ability to take that person to court if they violate your rights (assuming you find out about it).
like assign the copyright of my work to itself, or give itself rights that are not addressed by the GPL?
Microsoft cannot "assign" copyright of your work, nor can Microsoft "give itself rights" to your code, because it is not their copyright to assign in the first place. Only you as the copyright owner can legally assign your copyright to somebody else, and only you can choose to grant rights to other people through the choice of an open-source license.
If Microsoft were to claim rights to your code which you hadn't granted (either individually to Microsoft, or generally to everybody via the GPL) then they would be making a false claim and possibly breaking the law, at which point they could be sued or prosecuted depending on exactly what they did and which legal jurisdiction they did it in.
All Microsoft has to do is change their fine print for 1 day and they can claim that my code is theirs.
It doesn't work like that. Changing the terms on their website doesn't magically seize ownership of all code that is currently hosted on that site. If Microsoft did wish to change the terms of Github to require copyright assignment (which I'm 100% sure they will never do, because nobody would use it on these terms and the site would be dead in a heartbeat), the change would only apply to code that was uploaded after the new terms were put into effect, and would require explicit agreement by the copyright holder at the point where they uploaded the code. This would mean that Microsoft would probably need to delete all existing projects (including yours) that did not agree to copyright re-assignment.
Summary
Regardless of how you may personally feel about Microsoft, your concerns are unwarranted. Your code does not become vulnerable to some kind of "copyright seizure" simply by being on Github, because there is no such concept.
The only rights Microsoft have to your code is the rights you have chosen to grant via releasing the code as GPL. If you did not want them to have those rights, you shouldn't have released it as GPL in the first place.
New contributor
To address some of the questions in the follow-up edit:
For instance, what if Microsoft does something illegal
If someone is going to break the law and steal your code, then they are going to break the law and steal your code. It makes absolutely no difference whether the code is hosted on Github or any other site. Even if the code is only available on your personal website, somebody could download it from there and use it in violation of the open source license, for example by incorporating it into a closed-source project.
Licenses are not magic spells; they don't prevent somebody from using the code in an unlawful way. What they do is give you the ability to take that person to court if they violate your rights (assuming you find out about it).
like assign the copyright of my work to itself, or give itself rights that are not addressed by the GPL?
Microsoft cannot "assign" copyright of your work, nor can Microsoft "give itself rights" to your code, because it is not their copyright to assign in the first place. Only you as the copyright owner can legally assign your copyright to somebody else, and only you can choose to grant rights to other people through the choice of an open-source license.
If Microsoft were to claim rights to your code which you hadn't granted (either individually to Microsoft, or generally to everybody via the GPL) then they would be making a false claim and possibly breaking the law, at which point they could be sued or prosecuted depending on exactly what they did and which legal jurisdiction they did it in.
All Microsoft has to do is change their fine print for 1 day and they can claim that my code is theirs.
It doesn't work like that. Changing the terms on their website doesn't magically seize ownership of all code that is currently hosted on that site. If Microsoft did wish to change the terms of Github to require copyright assignment (which I'm 100% sure they will never do, because nobody would use it on these terms and the site would be dead in a heartbeat), the change would only apply to code that was uploaded after the new terms were put into effect, and would require explicit agreement by the copyright holder at the point where they uploaded the code. This would mean that Microsoft would probably need to delete all existing projects (including yours) that did not agree to copyright re-assignment.
Summary
Regardless of how you may personally feel about Microsoft, your concerns are unwarranted. Your code does not become vulnerable to some kind of "copyright seizure" simply by being on Github, because there is no such concept.
The only rights Microsoft have to your code is the rights you have chosen to grant via releasing the code as GPL. If you did not want them to have those rights, you shouldn't have released it as GPL in the first place.
New contributor
edited 20 hours ago
New contributor
answered yesterday
InfiniteDissentInfiniteDissent
3611 silver badge4 bronze badges
3611 silver badge4 bronze badges
New contributor
New contributor
1
"then they would be making a false claim and possibly breaking the law" Yes, but if someone used the code in a closed-source software, you'll never know that they broke the law.
– Tobias Knauss
yesterday
1
@TobiasKnauss Not necessarily true. High level code compiles to patterns that can be detected. It just requires using all versions of a compiler to generate the patterns. Furthermore assembly language code assembles to the same specific patterns.
– derik
13 hours ago
Incorporating open-source code in closed-source project by itself usually does not violate open source licenses. Distributing such software might be violating.
– n0rd
5 hours ago
Regarding "it doesn't work like that", I suggest that you speak with a lawyer because last I checked, it does work like that.
– derik
54 mins ago
add a comment |
1
"then they would be making a false claim and possibly breaking the law" Yes, but if someone used the code in a closed-source software, you'll never know that they broke the law.
– Tobias Knauss
yesterday
1
@TobiasKnauss Not necessarily true. High level code compiles to patterns that can be detected. It just requires using all versions of a compiler to generate the patterns. Furthermore assembly language code assembles to the same specific patterns.
– derik
13 hours ago
Incorporating open-source code in closed-source project by itself usually does not violate open source licenses. Distributing such software might be violating.
– n0rd
5 hours ago
Regarding "it doesn't work like that", I suggest that you speak with a lawyer because last I checked, it does work like that.
– derik
54 mins ago
1
1
"then they would be making a false claim and possibly breaking the law" Yes, but if someone used the code in a closed-source software, you'll never know that they broke the law.
– Tobias Knauss
yesterday
"then they would be making a false claim and possibly breaking the law" Yes, but if someone used the code in a closed-source software, you'll never know that they broke the law.
– Tobias Knauss
yesterday
1
1
@TobiasKnauss Not necessarily true. High level code compiles to patterns that can be detected. It just requires using all versions of a compiler to generate the patterns. Furthermore assembly language code assembles to the same specific patterns.
– derik
13 hours ago
@TobiasKnauss Not necessarily true. High level code compiles to patterns that can be detected. It just requires using all versions of a compiler to generate the patterns. Furthermore assembly language code assembles to the same specific patterns.
– derik
13 hours ago
Incorporating open-source code in closed-source project by itself usually does not violate open source licenses. Distributing such software might be violating.
– n0rd
5 hours ago
Incorporating open-source code in closed-source project by itself usually does not violate open source licenses. Distributing such software might be violating.
– n0rd
5 hours ago
Regarding "it doesn't work like that", I suggest that you speak with a lawyer because last I checked, it does work like that.
– derik
54 mins ago
Regarding "it doesn't work like that", I suggest that you speak with a lawyer because last I checked, it does work like that.
– derik
54 mins ago
add a comment |
Short answer: Probably not a violation.
Long answer (using the relevant part from GPL - since you did not specify the version):
You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this
General Public License and to the absence of any warranty; and give any
other recipients of the Program a copy of this General Public License
along with the Program.
Did the uploader comply with the requirements above? Then it is not a copyright/license violation.
New contributor
3
There is no "probably" here. Your quoted paragraph is straight from GPL v1. The current v3 contains the same (with different wording and some extensions, none of which restrict the right to copy and distribute). OP does not mention anything about missing copyright notices, but is clearly asking about the simple fact that someone published the GPLed code on github.
– AnoE
21 hours ago
add a comment |
Short answer: Probably not a violation.
Long answer (using the relevant part from GPL - since you did not specify the version):
You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this
General Public License and to the absence of any warranty; and give any
other recipients of the Program a copy of this General Public License
along with the Program.
Did the uploader comply with the requirements above? Then it is not a copyright/license violation.
New contributor
3
There is no "probably" here. Your quoted paragraph is straight from GPL v1. The current v3 contains the same (with different wording and some extensions, none of which restrict the right to copy and distribute). OP does not mention anything about missing copyright notices, but is clearly asking about the simple fact that someone published the GPLed code on github.
– AnoE
21 hours ago
add a comment |
Short answer: Probably not a violation.
Long answer (using the relevant part from GPL - since you did not specify the version):
You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this
General Public License and to the absence of any warranty; and give any
other recipients of the Program a copy of this General Public License
along with the Program.
Did the uploader comply with the requirements above? Then it is not a copyright/license violation.
New contributor
Short answer: Probably not a violation.
Long answer (using the relevant part from GPL - since you did not specify the version):
You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this
General Public License and to the absence of any warranty; and give any
other recipients of the Program a copy of this General Public License
along with the Program.
Did the uploader comply with the requirements above? Then it is not a copyright/license violation.
New contributor
New contributor
answered 2 days ago
CharonXCharonX
2674 bronze badges
2674 bronze badges
New contributor
New contributor
3
There is no "probably" here. Your quoted paragraph is straight from GPL v1. The current v3 contains the same (with different wording and some extensions, none of which restrict the right to copy and distribute). OP does not mention anything about missing copyright notices, but is clearly asking about the simple fact that someone published the GPLed code on github.
– AnoE
21 hours ago
add a comment |
3
There is no "probably" here. Your quoted paragraph is straight from GPL v1. The current v3 contains the same (with different wording and some extensions, none of which restrict the right to copy and distribute). OP does not mention anything about missing copyright notices, but is clearly asking about the simple fact that someone published the GPLed code on github.
– AnoE
21 hours ago
3
3
There is no "probably" here. Your quoted paragraph is straight from GPL v1. The current v3 contains the same (with different wording and some extensions, none of which restrict the right to copy and distribute). OP does not mention anything about missing copyright notices, but is clearly asking about the simple fact that someone published the GPLed code on github.
– AnoE
21 hours ago
There is no "probably" here. Your quoted paragraph is straight from GPL v1. The current v3 contains the same (with different wording and some extensions, none of which restrict the right to copy and distribute). OP does not mention anything about missing copyright notices, but is clearly asking about the simple fact that someone published the GPLed code on github.
– AnoE
21 hours ago
add a comment |
The ability to redistribute the source code code (to a site like GitHub) is a fundamental aspect of the GNU/GPL licence. If you wish to prevent someone from doing this, then perhaps releasing the project / code under a different licence would be worth while.
New contributor
1
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik Your question was "If someone else uploads my GPL'd code to Github without my permission, is that a copyright violation?" and you opened by saying you were "alarmed to see" that this had occurred. This answer addresses both parts. The first sentence tells you (by implication) that it is not a copyright violation. The second sentence implies that you don't have a justification to be alarmed, because you made the choice to use GPL and therefore authorised this kind of scenario. I therefore think this is a perfectly valid answer to your question.
– JBentley
7 hours ago
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik You do realise that I directly copy and pasted from your question, right? You can't claim it isn't your question when it is exactly what you wrote, word for word.
– JBentley
5 hours ago
As this request for clarification moves forward, please be civil, everyone.
– apsillers♦
4 hours ago
|
show 2 more comments
The ability to redistribute the source code code (to a site like GitHub) is a fundamental aspect of the GNU/GPL licence. If you wish to prevent someone from doing this, then perhaps releasing the project / code under a different licence would be worth while.
New contributor
1
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik Your question was "If someone else uploads my GPL'd code to Github without my permission, is that a copyright violation?" and you opened by saying you were "alarmed to see" that this had occurred. This answer addresses both parts. The first sentence tells you (by implication) that it is not a copyright violation. The second sentence implies that you don't have a justification to be alarmed, because you made the choice to use GPL and therefore authorised this kind of scenario. I therefore think this is a perfectly valid answer to your question.
– JBentley
7 hours ago
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik You do realise that I directly copy and pasted from your question, right? You can't claim it isn't your question when it is exactly what you wrote, word for word.
– JBentley
5 hours ago
As this request for clarification moves forward, please be civil, everyone.
– apsillers♦
4 hours ago
|
show 2 more comments
The ability to redistribute the source code code (to a site like GitHub) is a fundamental aspect of the GNU/GPL licence. If you wish to prevent someone from doing this, then perhaps releasing the project / code under a different licence would be worth while.
New contributor
The ability to redistribute the source code code (to a site like GitHub) is a fundamental aspect of the GNU/GPL licence. If you wish to prevent someone from doing this, then perhaps releasing the project / code under a different licence would be worth while.
New contributor
New contributor
answered 8 hours ago
shustakshustak
292 bronze badges
292 bronze badges
New contributor
New contributor
1
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik Your question was "If someone else uploads my GPL'd code to Github without my permission, is that a copyright violation?" and you opened by saying you were "alarmed to see" that this had occurred. This answer addresses both parts. The first sentence tells you (by implication) that it is not a copyright violation. The second sentence implies that you don't have a justification to be alarmed, because you made the choice to use GPL and therefore authorised this kind of scenario. I therefore think this is a perfectly valid answer to your question.
– JBentley
7 hours ago
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik You do realise that I directly copy and pasted from your question, right? You can't claim it isn't your question when it is exactly what you wrote, word for word.
– JBentley
5 hours ago
As this request for clarification moves forward, please be civil, everyone.
– apsillers♦
4 hours ago
|
show 2 more comments
1
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik Your question was "If someone else uploads my GPL'd code to Github without my permission, is that a copyright violation?" and you opened by saying you were "alarmed to see" that this had occurred. This answer addresses both parts. The first sentence tells you (by implication) that it is not a copyright violation. The second sentence implies that you don't have a justification to be alarmed, because you made the choice to use GPL and therefore authorised this kind of scenario. I therefore think this is a perfectly valid answer to your question.
– JBentley
7 hours ago
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik You do realise that I directly copy and pasted from your question, right? You can't claim it isn't your question when it is exactly what you wrote, word for word.
– JBentley
5 hours ago
As this request for clarification moves forward, please be civil, everyone.
– apsillers♦
4 hours ago
1
1
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik Your question was "If someone else uploads my GPL'd code to Github without my permission, is that a copyright violation?" and you opened by saying you were "alarmed to see" that this had occurred. This answer addresses both parts. The first sentence tells you (by implication) that it is not a copyright violation. The second sentence implies that you don't have a justification to be alarmed, because you made the choice to use GPL and therefore authorised this kind of scenario. I therefore think this is a perfectly valid answer to your question.
– JBentley
7 hours ago
@derik Your question was "If someone else uploads my GPL'd code to Github without my permission, is that a copyright violation?" and you opened by saying you were "alarmed to see" that this had occurred. This answer addresses both parts. The first sentence tells you (by implication) that it is not a copyright violation. The second sentence implies that you don't have a justification to be alarmed, because you made the choice to use GPL and therefore authorised this kind of scenario. I therefore think this is a perfectly valid answer to your question.
– JBentley
7 hours ago
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
That wasn't really my question. Please read it more closely.
– derik
7 hours ago
@derik You do realise that I directly copy and pasted from your question, right? You can't claim it isn't your question when it is exactly what you wrote, word for word.
– JBentley
5 hours ago
@derik You do realise that I directly copy and pasted from your question, right? You can't claim it isn't your question when it is exactly what you wrote, word for word.
– JBentley
5 hours ago
As this request for clarification moves forward, please be civil, everyone.
– apsillers♦
4 hours ago
As this request for clarification moves forward, please be civil, everyone.
– apsillers♦
4 hours ago
|
show 2 more comments
No, they can copy or fork your whole code into a new GPLed project, or copy or any parts of your code into other GPLed projects, and distribute it however they like.
I'm assuming that copyright notices remain intact on this copy of your project.
I think the only possible offense here is plagiarism, if they claim to have written it. That's a separate thing from copyright violation.
To simplify, let's consider another case: I publish a book of plays and poems. I put my name on it. But the works inside are word-for-word copies of Shakespeare, whose name doesn't appear anywhere. The work is in the public domain so there's no copyright claim to be made, but I've committed a new offense by claiming to have written them. (This is a kind of fraud against society, as well as or instead of against Shakespeare.)
This may not actually be a crime, I'm not sure. But if the project doesn't credit you, that's probably why you're feeling offended even though (from what you've said) there's no sign of a copyright violation.
See also https://en.wikipedia.org/wiki/Moral_rights for more about the moral rights of authors to get credit for their work, regardless of copyright law. Some countries even have legislation supporting that.
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No, they can copy or fork your whole code into a new GPLed project, or copy or any parts of your code into other GPLed projects, and distribute it however they like.
I'm assuming that copyright notices remain intact on this copy of your project.
I think the only possible offense here is plagiarism, if they claim to have written it. That's a separate thing from copyright violation.
To simplify, let's consider another case: I publish a book of plays and poems. I put my name on it. But the works inside are word-for-word copies of Shakespeare, whose name doesn't appear anywhere. The work is in the public domain so there's no copyright claim to be made, but I've committed a new offense by claiming to have written them. (This is a kind of fraud against society, as well as or instead of against Shakespeare.)
This may not actually be a crime, I'm not sure. But if the project doesn't credit you, that's probably why you're feeling offended even though (from what you've said) there's no sign of a copyright violation.
See also https://en.wikipedia.org/wiki/Moral_rights for more about the moral rights of authors to get credit for their work, regardless of copyright law. Some countries even have legislation supporting that.
New contributor
add a comment |
No, they can copy or fork your whole code into a new GPLed project, or copy or any parts of your code into other GPLed projects, and distribute it however they like.
I'm assuming that copyright notices remain intact on this copy of your project.
I think the only possible offense here is plagiarism, if they claim to have written it. That's a separate thing from copyright violation.
To simplify, let's consider another case: I publish a book of plays and poems. I put my name on it. But the works inside are word-for-word copies of Shakespeare, whose name doesn't appear anywhere. The work is in the public domain so there's no copyright claim to be made, but I've committed a new offense by claiming to have written them. (This is a kind of fraud against society, as well as or instead of against Shakespeare.)
This may not actually be a crime, I'm not sure. But if the project doesn't credit you, that's probably why you're feeling offended even though (from what you've said) there's no sign of a copyright violation.
See also https://en.wikipedia.org/wiki/Moral_rights for more about the moral rights of authors to get credit for their work, regardless of copyright law. Some countries even have legislation supporting that.
New contributor
No, they can copy or fork your whole code into a new GPLed project, or copy or any parts of your code into other GPLed projects, and distribute it however they like.
I'm assuming that copyright notices remain intact on this copy of your project.
I think the only possible offense here is plagiarism, if they claim to have written it. That's a separate thing from copyright violation.
To simplify, let's consider another case: I publish a book of plays and poems. I put my name on it. But the works inside are word-for-word copies of Shakespeare, whose name doesn't appear anywhere. The work is in the public domain so there's no copyright claim to be made, but I've committed a new offense by claiming to have written them. (This is a kind of fraud against society, as well as or instead of against Shakespeare.)
This may not actually be a crime, I'm not sure. But if the project doesn't credit you, that's probably why you're feeling offended even though (from what you've said) there's no sign of a copyright violation.
See also https://en.wikipedia.org/wiki/Moral_rights for more about the moral rights of authors to get credit for their work, regardless of copyright law. Some countries even have legislation supporting that.
New contributor
New contributor
answered 7 hours ago
Peter CordesPeter Cordes
1213 bronze badges
1213 bronze badges
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Possibly. The GPL requires distribution of build scripts and so forth. If source code only was uploaded and this was not sufficient to build the system then the licence conditions have not been met, so there would be no permission to distribute the source code.
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Possibly. The GPL requires distribution of build scripts and so forth. If source code only was uploaded and this was not sufficient to build the system then the licence conditions have not been met, so there would be no permission to distribute the source code.
New contributor
add a comment |
Possibly. The GPL requires distribution of build scripts and so forth. If source code only was uploaded and this was not sufficient to build the system then the licence conditions have not been met, so there would be no permission to distribute the source code.
New contributor
Possibly. The GPL requires distribution of build scripts and so forth. If source code only was uploaded and this was not sufficient to build the system then the licence conditions have not been met, so there would be no permission to distribute the source code.
New contributor
New contributor
answered 1 hour ago
quick answer right nowquick answer right now
111 bronze badge
111 bronze badge
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2
Comments are not for extended discussion; this conversation has been moved to chat. Comments about Microsoft's business ethics are not related to the mechanical question being asked and are welcome to be made in chat.
– apsillers♦
14 hours ago
5
This asks two very different questions ("Is it s a copyright violation to post someone's GPL-licensed work to GitHub?" and "Can a site's ToS lay claim to an author's copyright when the author does not enter into any agreement with the site's owner?"). Such different questions ought to be in different question-posts, but since you've already received answers for both components, I'll leave them both. I've removed off-topic discussion about Microsoft's business practices but left in the mechanical legal questions. People interested in discussion about Microsoft may use the chat link above.
– apsillers♦
13 hours ago
1
That's fine: your technical licensing question can have any motivation you'd like. That motivation is not relevant to answering the question, though, and, in this case, is generating a ton of extra noise unrelated to the Q&A here (though it's welcome in the chat room!). An analogously unnecessary justification might be, "How do I stop my GPL software from being used by the military? They recently bombed [location] for [reason] and I find that morally objectionable." The entire second sentence is unrelated to the licensing question being asked, and is likely to generate off-topic noise.
– apsillers♦
9 hours ago
2
I'm voting to close this question as off-topic because OP is just using this SE site as a platform to troll/rant about Microsoft, promoting misunderstanding of the GPL in the process, and uninterested in listening to answers to the nominal question since the question was just an excuse to troll.
– R..
8 hours ago
1
I think you are missing apsillers' point. The analogy is not attempting to relate to whether or not the third party will try to claim ownership. The analogy is to demonstrate that the motivation of disliking the third party is not relevant to the question being asked. Consider for example: "How do I uninstall Windows?" vs. "How do I uninstall Windows? I want to do so because I hate Microsoft". The latter adds nothing to the question and only serves as a distraction.
– JBentley
7 hours ago