Streaming coding sessions on Twitch, is it possible to license the code as open-source?

Question

TL;DR;

If I wish to stream some coding/programming sessions on Twitch, is it still possible to license the produced code in some open-source flavor, while still being compatible with Twitch terms-of-service ?

My usecase

If I were to stream my computer screen while coding, for instance to show some techniques, tutorials, or simply discovering of programming languages / frameworks, I would want to distribute the produced code available freely, for instance on some public git server.

It seems to me that the terms implicitly prohibit this (unless there is any written arrangement) :

Extracts of Twitch Terms of Service (enphasis mine):

8. User Content Twitch allows users to distribute streaming live and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, wiki contributions, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Twitch Services (“User Content”).

a. License to Twitch

(i) Unless otherwise agreed to in a written agreement between you and Twitch that was signed by an authorized representative of Twitch, if you submit, transmit, display, perform, post or store User Content using the Twitch Services, you grant Twitch and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Twitch Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content.

Is there any open-source license that is compatible with that ? Has anyone here some experience about a similar situation who could share some insights ?

Answer 1

You as the copyright holder of the code that you write can issue multiple non-exclusive licenses independently from each other.

There are three different ways to allow someone else to use your copyrighted works:

• You can transfer your copyright in certain jurisdictions, in which case you have no further rights.
• You can issue exclusive licenses, in which case you may not exercise the rights you licensed away. So you cannot issue further licenses. However, an exclusive license can be limited in scope or duration.
• You can issue non-exclusive licenses, in which case you can continue to exercise your rights, including issuing more non-exclusive licenses.

The license from you to Twitch is nonexclusive, so it does not limit you in any way. All open-source licenses are also non-exclusive, so there is no conflict. However, some contributor license agreements require copyright transfers or exclusive licenses. But if you didn't sign any of those, this doesn't apply.

The above applies to works where you hold the copyright, i.e. for code that you wrote. But when dealing with open source code, you might also have included works from other people where you do not hold the copyright but only a (non-exclusive) license. Whether you can display such code depends on the terms of the license you received. Since the license grant to Twitch is very broad, only a few permissive open source licenses would grant you the necessary rights.

But that is a very narrow reading of the situation. In nearly all jurisdictions, copyright laws have exceptions for quoting other works or including small snippets without copyright infringement. In the U.S., this might fall under fair use. In practice, you will not have a problem if you focus your streams on your code and on your commentary, and not on reproducing other people's code.