Re: [Geeqie-devel] Github term of service incompatible to geeqie license (GPL)

2017-03-01 Thread Richard Guy Briggs
On 17/03/01, John Stoffel wrote:
> > "Klaus" == Klaus Ethgen  writes:
> 
> Klaus> Today I found that github changed their term of service effectively for
> Klaus> today.[0]
> 
> Klaus> The new term of service seems to be a bit problematic and disallows to
> Klaus> have geeqie on github. Or better said, geeqies license (GPL) is
> Klaus> incompatible to github term of service.
> 
> Klaus> I am no native English speaker and also no lawyer, but there is
> Klaus> a good analysis[1] describing the problems.
> 
> No, there is one person's analysis of the problem, and who doesn't
> talk about the issue in a legal manner.  When someone throws around
> phrases like "it's now illegal" when a site changes it's terms of
> service, then the stupdity is flowing.  
> 
> Klaus> Please have a look and comment. I think, the only way is to
> Klaus> remove geeqie completely from github. And please don't push any
> Klaus> content to github (the original geeqie repository is ok) unless
> Klaus> the issue is cleared. It seems that until we continue _using_
> Klaus> github, we agree with the new term of service, what we might
> Klaus> not be able to do.
> 
> I don't know why you think these terms change anything?  It's just a
> way for github to cover themselves from lawsuits if someone takes and
> posts on github stuff they don't own.
> 
> It's not suddenly making GPL software illegal on there at all.  Its
> like the terms and service agreements that lots and lots of other
> sites have in place as well.
> 
> Please do not freak out over this, do not stop people from pushing
> stuff to github, and certainly do not apply the flaky reasoning of
> just one non-lawyer's opinion to this project.
> 
> If they don't like the terms of service, then fine, they can move
> their project(s) elsewhere.  Big deal.
> 
> Basically, all github is saying that when you push stuff up there,
> it's publiclly available and that you give them the right to make it
> visible to others.  It's *your* job to make sure you have the right to
> do so, not theirs.

I just asked Red Hat Legal (some of our projects are hosted on github) to have
a quick look at this and they don't perceive a conflict between the github ToU
and the GPL.

> John

slainte mhath, RGB

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Re: [Geeqie-devel] Github term of service incompatible to geeqie license (GPL)

2017-03-01 Thread John Stoffel
> "Roger" == Roger   writes:

>> On Wed, Mar 01, 2017 at 04:29:00PM -0500, John Stoffel wrote:
>>> "Klaus" == Klaus Ethgen  writes:
>> 
Klaus> Today I found that github changed their term of service effectively for
Klaus> today.[0]
>> 
Klaus> The new term of service seems to be a bit problematic and disallows to
Klaus> have geeqie on github. Or better said, geeqies license (GPL) is
Klaus> incompatible to github term of service.
>> 
Klaus> I am no native English speaker and also no lawyer, but there is
Klaus> a good analysis[1] describing the problems.
>> 
>> No, there is one person's analysis of the problem, and who doesn't
>> talk about the issue in a legal manner.  When someone throws around
>> phrases like "it's now illegal" when a site changes it's terms of
>> service, then the stupdity is flowing.  
>> 
Klaus> Please have a look and comment. I think, the only way is to
Klaus> remove geeqie completely from github. And please don't push any
Klaus> content to github (the original geeqie repository is ok) unless
Klaus> the issue is cleared. It seems that until we continue _using_
Klaus> github, we agree with the new term of service, what we might
Klaus> not be able to do.
>> 
>> I don't know why you think these terms change anything?  It's just a
>> way for github to cover themselves from lawsuits if someone takes and
>> posts on github stuff they don't own.
>> 
>> It's not suddenly making GPL software illegal on there at all.  Its
>> like the terms and service agreements that lots and lots of other
>> sites have in place as well.
>> 
>> Please do not freak out over this, do not stop people from pushing
>> stuff to github, and certainly do not apply the flaky reasoning of
>> just one non-lawyer's opinion to this project.
>> 
>> If they don't like the terms of service, then fine, they can move
>> their project(s) elsewhere.  Big deal.
>> 
>> Basically, all github is saying that when you push stuff up there,
>> it's publiclly available and that you give them the right to make it
>> visible to others.  It's *your* job to make sure you have the right to
>> do so, not theirs.
>> 
>> John

Roger> I'm no lawyer nor have I read the changes, but continueing a
Roger> service after a change in legal terms is emplaced, could be
Roger> construed as the customer agreeing to the new terms of service.
Roger> This is likely why Klaus (likely wisely) stated not to make any
Roger> further commits to GitHub until he receives clarification.

Go read the changes and what the agreement says for yourself.  

Roger> If I'm not mistaken, Klaus is the big guy (or the party
Roger> responsible), so things will likely go as he wishes.

Sure, he can do what he wants.  But then again, one of us could fork
geeqie and put it on github or some other hosting service too.  Heck,
I've got a VPS and I could spring for another $5/mon to increase the
RAM and host it there.  But github does offer a bunch of good
features.

Roger> I frequently encounter poor legal advice, and many people or
Roger> corporations think they can do something when they really
Roger> cannot do something legally.  And, a lot of people like to
Roger> utilize fear tactics in an attempt to deter some apparent
Roger> undesirable activity, again illegal in some or many States or
Roger> Countries.

Yup.  This is why you need to talk to a real lawyer if people are so concerned.

Roger> I do not think it has been so long that, many have not
Roger> forgotten the horrid tactics sf.net enstated not so long ago!

Yup, they were doing much worse things, and actively putting crap into
downloads and basically forgetting what they're mission was in the
search of more money for the owners.  It's a balancing act.  It costs
github money to run.  

Roger> This is one of the reasons why I would use a private server or
Roger> private shell account for publicizing a software project,
Roger> versus using something like github, etc...

There's big downsides too, both in terms of security, level of effort
to run such a project, etc.  Before people freak out over the changes,
go and read them for yourselves.

John

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Re: [Geeqie-devel] Github term of service incompatible to geeqie license (GPL)

2017-03-01 Thread Roger
> On Wed, Mar 01, 2017 at 04:29:00PM -0500, John Stoffel wrote:
>> "Klaus" == Klaus Ethgen  writes:
>
>Klaus> Today I found that github changed their term of service effectively for
>Klaus> today.[0]
>
>Klaus> The new term of service seems to be a bit problematic and disallows to
>Klaus> have geeqie on github. Or better said, geeqies license (GPL) is
>Klaus> incompatible to github term of service.
>
>Klaus> I am no native English speaker and also no lawyer, but there is
>Klaus> a good analysis[1] describing the problems.
>
>No, there is one person's analysis of the problem, and who doesn't
>talk about the issue in a legal manner.  When someone throws around
>phrases like "it's now illegal" when a site changes it's terms of
>service, then the stupdity is flowing.  
>
>Klaus> Please have a look and comment. I think, the only way is to
>Klaus> remove geeqie completely from github. And please don't push any
>Klaus> content to github (the original geeqie repository is ok) unless
>Klaus> the issue is cleared. It seems that until we continue _using_
>Klaus> github, we agree with the new term of service, what we might
>Klaus> not be able to do.
>
>I don't know why you think these terms change anything?  It's just a
>way for github to cover themselves from lawsuits if someone takes and
>posts on github stuff they don't own.
>
>It's not suddenly making GPL software illegal on there at all.  Its
>like the terms and service agreements that lots and lots of other
>sites have in place as well.
>
>Please do not freak out over this, do not stop people from pushing
>stuff to github, and certainly do not apply the flaky reasoning of
>just one non-lawyer's opinion to this project.
>
>If they don't like the terms of service, then fine, they can move
>their project(s) elsewhere.  Big deal.
>
>Basically, all github is saying that when you push stuff up there,
>it's publiclly available and that you give them the right to make it
>visible to others.  It's *your* job to make sure you have the right to
>do so, not theirs.
>
>John

I'm no lawyer nor have I read the changes, but continueing a service after a 
change in legal terms is emplaced, could be construed as the customer agreeing 
to the new terms of service.  This is likely why Klaus (likely wisely) stated 
not to make any further commits to GitHub until he receives clarification.

If I'm not mistaken, Klaus is the big guy (or the party responsible), so things 
will likely go as he wishes.

I frequently encounter poor legal advice, and many people or corporations think 
they can do something when they really cannot do something legally.  And, a lot 
of people like to utilize fear tactics in an attempt to deter some apparent 
undesirable activity, again illegal in some or many States or Countries.

I do not think it has been so long that, many have not forgotten the horrid 
tactics sf.net enstated not so long ago!

This is one of the reasons why I would use a private server or private shell 
account for publicizing a software project, versus using something like github, 
etc...

-- 
Roger
http://rogerx.freeshell.org/


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Re: [Geeqie-devel] Github term of service incompatible to geeqie license (GPL)

2017-03-01 Thread John Stoffel
> "Klaus" == Klaus Ethgen  writes:

Klaus> Today I found that github changed their term of service effectively for
Klaus> today.[0]

Klaus> The new term of service seems to be a bit problematic and disallows to
Klaus> have geeqie on github. Or better said, geeqies license (GPL) is
Klaus> incompatible to github term of service.

Klaus> I am no native English speaker and also no lawyer, but there is
Klaus> a good analysis[1] describing the problems.

No, there is one person's analysis of the problem, and who doesn't
talk about the issue in a legal manner.  When someone throws around
phrases like "it's now illegal" when a site changes it's terms of
service, then the stupdity is flowing.  

Klaus> Please have a look and comment. I think, the only way is to
Klaus> remove geeqie completely from github. And please don't push any
Klaus> content to github (the original geeqie repository is ok) unless
Klaus> the issue is cleared. It seems that until we continue _using_
Klaus> github, we agree with the new term of service, what we might
Klaus> not be able to do.

I don't know why you think these terms change anything?  It's just a
way for github to cover themselves from lawsuits if someone takes and
posts on github stuff they don't own.

It's not suddenly making GPL software illegal on there at all.  Its
like the terms and service agreements that lots and lots of other
sites have in place as well.

Please do not freak out over this, do not stop people from pushing
stuff to github, and certainly do not apply the flaky reasoning of
just one non-lawyer's opinion to this project.

If they don't like the terms of service, then fine, they can move
their project(s) elsewhere.  Big deal.

Basically, all github is saying that when you push stuff up there,
it's publiclly available and that you give them the right to make it
visible to others.  It's *your* job to make sure you have the right to
do so, not theirs.

John

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[Geeqie-devel] Github term of service incompatible to geeqie license (GPL)

2017-03-01 Thread Klaus Ethgen
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA512

Hi Folks,

Today I found that github changed their term of service effectively for
today.[0]

The new term of service seems to be a bit problematic and disallows to
have geeqie on github. Or better said, geeqies license (GPL) is
incompatible to github term of service.

I am no native English speaker and also no lawyer, but there is a good
analysis[1] describing the problems.

Please have a look and comment. I think, the only way is to remove
geeqie completely from github. And please don't push any content to
github (the original geeqie repository is ok) unless the issue is
cleared. It seems that until we continue _using_ github, we agree with
the new term of service, what we might not be able to do.

Regards
   Klaus

[0] https://tmp.joeyh.name/github-tos.pdf
[1] https://www.mirbsd.org/permalinks/wlog-10_e20170301-tg.htm
- -- 
Klaus Ethgen   http://www.ethgen.ch/
pub  4096R/4E20AF1C 2011-05-16Klaus Ethgen 
Fingerprint: 85D4 CA42 952C 949B 1753  62B3 79D0 B06F 4E20 AF1C
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