1

Also, I didn't disclaim any warranty (which is typically part of the license). Does that mean others can sue for damage? (In the BSD 2-clause license this looks like: "THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.")

Concerning the rights granted, the relevant section (D.5) of the GitHub ToS 1 reads:

  1. License Grant to Other Users

Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control).

If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to use, display, and perform Your Content through the GitHub Service and to reproduce Your Content solely on GitHub as permitted through GitHub's functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other GitHub Users.

I'm pretty sure that means that the implicit license excludes the right to actually modify the code (that is not part of GitHub's functionality and thus cannot be done on GitHub). How does forking-only (which is at the end of the day only a copy) make sense? Why would they do it this way?

I'm in Germany if that matters.

  • As no license means no right to use, how can there be a damage? – planetmaker Jun 20 at 5:58
  • But does github have a default licence? – ctrl-alt-delor Jun 20 at 21:34
  • @planetmaker Someone could sue for damage caused by using the program. – Jann Poppinga Jun 22 at 12:54
  • @ctrl-alt-delor They don't call it so, but there are some default rights (linked and excerpted above) which I think is for all intents and purposes a default license. – Jann Poppinga Jun 22 at 12:55
  • @JannPoppinga sure, if it is NOT your code, that might constitute a license infringment. However the question is "I released some of my code" – planetmaker Jun 22 at 13:20

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