The vast majority of the code I've written that is on GitHub isn't on GitHub because I would ever have stooped to putting it there, but because it is open source under a license that lets other people redistribute and edit the code (most often GPL or AGPL; maybe some older code under BSD) and they have chosen to use GitHub (which makes me sad, but as far as I'd have been concerned is totally within their rights). Are you claiming that people should not be allowed to clone other peoples' open source projects and put copies up on GitHub?
> Are you claiming that people should not be allowed to clone other peoples' open source projects and put copies up on GitHub?
If the github ToS supercedes the author's own licence, then I guess the uploader is effectively relicensing the code without the author's permission. That would mean the author has cause for action against the uploader, but not against github.
I personally dislike git; I find it too complicated, because of features I don't need. Microsoft has always disliked FOSS anf GPL, and I suspect that Copilot is a deliberate effort to undermine it.
Well upthread the discussion changed to using a non-open license that prevents people from training AI on it. If you released software under such a license, someone re-uploading to Github would probably be violating their terms or yours. Regardless, Microsoft would probably remove the repo if you contacted them to let them know you're the copyright holder, and the software license is incompatible with their terms.
It remains to be seen if they have a way to then clean their training data of the influence.
It would be the same situation if someone uploaded any other proprietary code.
You shouldn't have to though, they have a responsibility all their own to check that they have the rights regarding someone else's copyright before they do what they want to do, rather than to do it anyway and then to wait for the rights holder to come to them.
I mean, if someone uploads a repo that contains proprietary code that also contains CI actions from the proprietary codebase, formatted the same as github actions, they're going to run those actions under the assumption that they are allowed to (even though they aren't, because it means they're running proprietary code). It's all automated. The person uploading the proprietary code would be the one infringing in that case.
Yes, but that's a different discussion. In this case the person does have the rights under the GPL to do what they do, but GitHub does not have an automatic right to assume that that gives them the right to enforce their ToS on the original copyright holder, which they effectively do.
