Joey Hess: what I would ask my lawyers about the new Github TOS
The Internet saw Github's new TOS yesterday and collectively shrugged.
That's weird..
I don't have any lawyers, but the way Github's new TOS is written, I feel
I'd need to consult with lawyers to understand how it might affect the
license of my software if I hosted it on Github.
And the license of my software is important to me, because it is the legal
framework within which my software lives or dies. If I didn't care about my
software, I'd be able to shrug this off, but since I do it seems very
important indeed, and not worth taking risks with.
If I were looking over the TOS with my lawyers, I'd ask these questions...
4 License Grant to UsThis seems to be saying that I'm granting an additional license to my software to Github. Is that right or does "license grant" have some other legal meaning? If the Free Software license I've already licensed my software under allows for everything in this "License Grant to Us", would that be sufficient, or would my software still be licenced under two different licences? There are violations of the GPL that can revoke someone's access to software under that license. Suppose that Github took such an action with my software, and their GPL license was revoked. Would they still have a license to my software under this "License Grant to Us" or not? "Us" is actually defined earlier as "GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees". Does this mean that if someone say, does some brief contracting with Github, that they get my software under this license? Would they still have access to it under that license when the contract work was over? What does "affiliates" mean? Might it include other companies? Is it even legal for a TOS to require a license grant? Don't license grants normally involve an intentional action on the licensor's part, like signing a contract or writing a license down? All I did was loaded a webpage in a browser and saw on the page that by loading it, they say I've accepted the TOS. (I then set about removing everything from Github.) Github's old TOS was not structured as a license grant. What reasons might they have for structuring this TOS in such a way? Am I asking too many questions only 4 words into this thing? Or not enough?
Your Content belongs to you, and you are responsible for Content you post even if it does not belong to you. However, we need the legal right to do things like host it, publish it, and share it. You grant us and our legal successors the right to store and display your Content and make incidental copies as necessary to render the Website and provide the Service.If this is a software license, the wording seems rather vague compared with other software licenses I've read. How much wiggle room is built into that wording? What are the chances that, if we had a dispute and this came before a judge, that Github's laywers would be able to find a creative reading of this that makes "do things like" include whatever they want? Suppose that my software is javascript code or gets compiled to javascript code. Would this let Github serve up the javascript code for their users to run as part of the process of rendering their website?
That means you're giving us the right to do things like reproduce your content (so we can do things like copy it to our database and make backups); display it (so we can do things like show it to you and other users); modify it (so our server can do things like parse it into a search index); distribute it (so we can do things like share it with other users); and perform it (in case your content is something like music or video).Suppose that Github modified my software, does not distribute the modified version, but converts it to javascipt code and distributes that to their users to run as part of the process of rendering their website. If my software is AGPL licensed, they would be in violation of that license, but doesn't this additional license allow them to modify and distribute my software in such a way?
This license does not grant GitHub the right to sell your Content or otherwise distribute it outside of our Service.I see that "Service" is defined as "the applications, software, products, and services provided by GitHub". Does that mean at the time I accept the TOS, or at any point in the future? If Github tomorrow starts providing say, an App Store service, that necessarily involves distribution of software to others, and they put my software in it, would that be allowed by this or not? If that hypothetical Github App Store doesn't sell apps, but licenses access to them for money, would that be allowed under this license that they want to my software?
5 License Grant to Other Users Any Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of your Content in repositories they control).Let's say that company Foo does something with my software that violates its GPL license and the license is revoked. So they no longer are allowed to copy my software under the GPL, but it's there on Github. Does this "License Grant to Other Users" give them a different license under which they can still copy my software? The word "fork" has a particular meaning on Github, which often includes modification of the software in a repository. Does this mean that other users could modify my software, even if its regular license didn't allow them to modify it or had been revoked? How would this use of a platform-specific term "fork" be interpreted in this license if it was being analized in a courtroom?
If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to access your Content through the GitHub Service, and to use, display and perform your Content, and to reproduce your Content solely on GitHub as permitted through GitHub's functionality. You may grant further rights if you adopt a license.This paragraph seems entirely innocious. So, what does your keen lawyer mind see in it that I don't? How sure are you about your answers to all this? We're fairly sure we know how well the GPL holds up in court; how well would your interpretation of all this hold up? What questions have I forgotten to ask?
And finally, the last question I'd be asking my lawyers: What's your bill come to? That much? Is using Github worth that much to me?


Wishing every one a happy Gujarati New Year, Vikram Samvat 2073 named Kilaka and hoping the upcoming year will be yuuge for you.
These next couple of paragraphs are totally not an excuse for why it will take a few more days for me to reach seven blog posts.
Reading reports about Diwali in the American press, I see a bit of confusion whether Diwali is one day or five. Well, technically it is just one (Sunday 30th this year.) but there are a number of other observances around it which could be classed as subsidiaries if you want to look at it that way.
The season commenced last Wednesday with Rama Ekadashi. (where the Gujarati name is different I'll use that and put the Sanskrit name in parentheses.) That's a fast day and therefore not much fun.
Thursday was Vagh Barash (vyaghra dvadashi) which as the name suggests is something to do with tigers but we don't in my experience particularly do anything special that day.
Friday, things began in earnest with Dhan Terash (dhana trayodashi) when Lakshmi the Goddess of prosperity is worshipped. It is also a good day to buy gold.
Saturday was Kali Chaudash (Kali Chaturdashi or Naraka Chaturdashi) On this day many Gujarati families including mine worship their Kuladevi (patron Goddess of the family) even if She is not an aspect of Kali. (Others observe this on the Ashtami of Navaratri.) The day is also associated with the God Hanuman. Some people say it is His Jayanti (birthday) though we observe it in Chaitra (March-April.) It is also the best day for learning mantras and I initiated a couple of people including my son into a mantra I know.
Sunday was Diwali (Deepavali) proper. As a Brahmana I spent much of the day signing blessings in the account books of shopkeepers. Well, nowadays only a few old people have actual account books so usually the print out a spreadsheet and I sign that. But home is where the main action is. Lights are lit, fireworks are set off, and prayers are offered to Lakshmi. But most important of all, this is the day good boys and girls get presents. Unfortunately I have nothing interesting to report; just the usual utilitarian items of clothing. Fireworks by the way are technically illegal in New Jersey not that that ever stopped anyone from getting them. The past few years, Jersey City has attempted to compromise by allowing a big public fireworks display. Although it was nice and sunny all day, by nighttime we had torrential rain and the firework display got washed out. So I'm glad I rebelled against the system with my small cache of sparklers.
Today (or yesterday by the time this gets posted.) was the Gujarati New Years Day. There is also the commemoration of the time the God Krishna lifted up Mt Govardhan with one finger which every mandir emulates by making an annakuta or mountain of food.
Tuesday is Bhai Beeja (Yama Dvitiya in Sanskrit or Bhai Duj in Hindi) when sisters cook a meal for their brothers. My son is also going to make something (read: microwave something) for his sister.
So those are the five days of Diwali. Though many will not consider it to be truly over until this Saturday, the lucky day of Labh Pancham (Labha panchami.) And if I still haven't managed to write seven blog posts by then, there is always Deva Diwali...
How to help
A good first step is simply looking over the
Github recently introduced the option to
As many of you know (where "you" is "people reading this who actually know who I am), I come from a secular Jewish family. Although we have some religious (even very religious) relatives, neither my parents nor my grandparents were religious ever. Not that spirituality wasn't important to them My grandparents both went deep into understanding by and for themselves the different spiritual issues that came to their mind, and that's one of the traits I most remember about them while I was growing up. But formal, organized religion was never much welcome in the family; again, each of us had their own ways to concile our needs and fears with what we thought, read and understood.
This week is the Jewish celebration of Passover, or Pesaj as we call it (for which Passover is a direct translation, as Pesaj refers to the act of the angel of death passing over the houses of the sons of Israel during the tenth plague in Egypt; in Spanish, the name would be Pascua, which rather refers to the ritual sacrifice of a lamb that was done in the days of the great temple)... Anyway, I like giving context to what I write, but it always takes me off the main topic I want to share. Back to my family.
I am a third-generation member of the
Which gadgets does Bond bring to Switzerland?
Time for freedom
How would you live for a day or a weekend or an entire holiday without your mobile phone? There are many small frustrations you may experience but the biggest one and the indirect cause of many other problems you will experience may be the inability to tell the time.
Many people today have 
Last weekend the yearly Craft Beer Kanazawa Festival took place in central Kanazawa. This year 14 different producers brought about 80 different kind of beers for us to taste. Compared with 6 years ago when I came to Japan and Japan was still more or less Kirin-Asahi-Sapporo country without any distinguishable taste, the situation as improved vastly, and we can now enjoy lots of excellent local beers!


I just say what I like from worst to best:



Video from the reproducible builds talk at FOSDEM 2015 and testing experimental
The video from Lunar's and my talk
As promised, today I would like to write a bit about the making of
I would like to publicly apologise for the inconvenience caused by my
recent updates to the mediawiki and mediawiki-extensions
source packages in Debian wheezy (stable-security).
As for reasons I m doing Mediawiki-related work at my dayjob, as part
of