Re:Analyzing the legal implications of GitHub Copilot
by mewse on Thursday July 15, 2021 @07:49PM
(#27851482)
> To the extent that it is that straightforward, the correct takeaway is that you do not have permission to include someone else's GPLed code in your Github repository
Or to put that differently;
Using GitHub’s built-in “Fork” feature is probably often a violation of GitHub’s terms of use.
It gets worse. To the extent that it is that straightforward, the correct takeaway is that you do not have permission to include someone else's GPLed code in your Github repository.
And that to the extent that GitHub relies on that permission in using the code that they host, they are liable for potential copyright claims from copyright owners that they have no relationship with, who never gave GitHub permission to use that code.
I therefore think that GitHub should do some careful thinking about how much they can rely on a ToS to do as they want with the copyleft code that they host. And I further think that people who host GPLed projects should ask whether GitHub is where they should be hosting those projects.
(Insert the mandatory, "I am not a lawyer and this is not legal advice.")