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Users and repository owners as third-party beneficiaries of inbound contributor license #129

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advayDev1 opened this issue Sep 26, 2018 · 2 comments

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@advayDev1
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@advayDev1 advayDev1 commented Sep 26, 2018

I am not an attorney, and none of this is legal advice.

Policies: Terms of Service ; and Corporate Terms of Service

Sections: https://github.com/github/site-policy/blob/master/Policies/github-corporate-terms-of-service.md#5-license-grant-to-other-users , https://github.com/github/site-policy/blob/master/Policies/github-corporate-terms-of-service.md#6-contributions-under-repository-license , https://github.com/github/site-policy/blob/master/Policies/github-terms-of-service.md#5-license-grant-to-other-users , https://github.com/github/site-policy/blob/master/Policies/github-terms-of-service.md#6-contributions-under-repository-license

Would GitHub consider making its users and repository owners explicit third-party beneficiaries of the license grants in sections 5 and 6, and allow them to enforce the 'inbound=outbound' conventional license independently of GitHub? Why or why not?

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@advayDev1
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@advayDev1 advayDev1 commented Aug 27, 2020

Hey GitHub any consideration of this? Thanks!

@mlinksva
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@mlinksva mlinksva commented Sep 2, 2020

Hi, apologies for overlooking this issue, thanks for the ping.

inbound=outbound is simply how most open source projects (those that don't use a CLA) work, and GitHub's terms affirm this. Our understanding is that the license grant provides an adequate defense if a contributor to a project argues that they did not intend to put the code under their license. GitHub does not enforce the license used by a project, rather the project's copyright holders (licensors) may.

I think that may answer your question, in which case it doesn't look like there is anything to add. If you're suggesting something novel, we'd like to see the concept demonstrated in open source practice before considering making it a default in our terms.

@mlinksva mlinksva closed this Sep 2, 2020
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