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Half of GitHub Code Unsafe To Use (If You Want Open Source)

Posted by timothy on from the but-they-said-to-download dept.

WebMink writes "GitHub is a great open source hosting site, right? Wrong. There's no requirement that projects on GitHub provide any copyright license, let alone an open source one, so roughly half the projects on GitHub are "all rights reserved" — meaning you could well be violating copyright if you make any use of the code in them. And GitHub management seem just fine with this state of affairs, saying picking a license is too hard for ordinary developers. But if you're not going to give anyone permission to use your code, why post it on GitHub in the first place?"

6 of 218 comments (clear)

  1. Because by OverlordQ · · Score: 5, Interesting

    Because it's a free place to store a git repo as a backup.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:Because by Anonymous Coward · · Score: 5, Insightful

      this. i've only used github for my personal projects. not everyone cares about contributing to open source projects, or making their code available to others. and there's nothing wrong with that. not everyone should be expected to share their work.

      shocking and unbelievable, i know, but it's true.

    2. Re:Because by rbprbp · · Score: 5, Funny

      This has been my approach to homework (which is mostly .tex and .py). For all I care, I don't mind if someone forks my homework or does anything with it. Though I wouldn't mind them merging their changes back :)

      --
      They're there in their room. You're on your own.
  2. Why? by gcnaddict · · Score: 5, Insightful

    But if you're not going to give anyone permission to use your code, why post it on GitHub in the first place?"

    Lets say I stumble across a fantastic utility, and the source is open for me to view. I'll dive through the code and make sure I'm comfortable with its functionality (i.e. it's not doing anything I don't want it to do) before grabbing the tool.

    I'm not using the code for my own projects. I'm just vetting the code. Plenty of developers throw code for small utilities up for exactly this reason, and the vast majority of the world is totally cool with it.

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  3. Terms of github by phantomfive · · Score: 5, Interesting
    From the terms of service from github:

    We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content. By setting your repositories to be viewed publicly, you agree to allow others to view and fork your repositories.

    If you use source code found on github, it's going to be hard for the author to win a copyright lawsuit. This is a non-issue. They've basically allowed you to fork the code (with the implication that you're going to modify it). I don't see them in any way being able to recover punitive or even statutory damages.

    The real danger with github, as with all open source, is ensuring that the project's owner hasn't stolen proprietary code from somewhere else. Imagine if Linus had grabbed some files from Unix, then IBM would have been in a lot more difficulty during the SCO case. Fortunately the only things Linus copied were semicolons and braces.

    But if you use someone's code through an open source project, you can be liable, even if you got the code under the GPL or BSD license, because the project's owner didn't have the right to give you that code.

    --
    "First they came for the slanderers and i said nothing."
  4. Re:Unsafe? by SwashbucklingCowboy · · Score: 5, Informative

    "But as a example of an implementation its still very useful/educational."

    And opens you up to the possibility of being accused of creating a derivative work, which violates "All Rights Reserved".