I'm surprised this was passed over so lightly.  The text that Yuri
quoted from the Terms of Service means that users grant gitorious a
sublicense to the content. And yet, most of the free software licenses
prohibit sublicensing. This is a pretty glaring conflict, given the
huge amount of GPL code present on gitorious. E.g., GPLv3 states this
explicitly at the end of Section 2.
   Sublicensing is not allowed; section 10 makes it unnecessary.
http://www.gnu.org/licenses/gpl-3.0.html

Essentially you are trying to claim in your Terms of Service that no
matter what original license applied to a particular project, you are
completely ignoring it and imposing your own license thereafter. The
GPL explicitly forbids this. I have just now been forced to remove all
of my OpenLDAP repos because the OpenLDAP Public License also forbids
this. How can such a license-unfriendly ToS have gone unnoticed for
all this time?


---------- Forwarded message ----------
From: Yuri Takhteyev <[email protected]>
Date: May 9 2009, 5:27 pm
Subject: [ANNOUNCE] Brand new improved gitorious.org!
To: Gitorious

Perhaps. It's a complicated license and I probably should read it a
lot more carefully before making comments about it, but after a quick
reading "world-wide, perpetual, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish" doesn't sound like a
fun proposition when combined with an indemnity clause. To me this
reads like "we can change and redistribute your code forever, but if
someone sues us over this, you pay our legal fees". Just to make it
clear, I am not a lawyer, and my reading of the license may be totally
off.

I understand your need to protect yourself and Shortcut, but I agree
with Jason that when introducing a new click-through TOS, it is good
to give a little warning, so that people have time to read the
newterms, to think whether they can sign up for suchterms, and to plan
for a migration if they do not.

On the other hand, Jason: you can always just pull your data with git
and push it to your favorite alternativeservice.

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