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DRAFT UPDATE to GitHub Corporate Terms of Service #2

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bluemazzoo commented Jun 10, 2017 edited

Hey everyone! This is a Draft Update to the GitHub Corporate Terms of Service. We would love feedback on this update. Please take a look at our Contribution Guidelines for examples of the types of feedback we're looking for and for other feedback recommendations.

These changes will not be effective until July 21, 2017.

NOTE: Apologies for any confusion, these changes will not be effective until August 7, 2017.

bluemazzoo added some commits Jun 10, 2017

@bluemazzoo bluemazzoo DRAFT UPDATE to GitHub Corporate Terms of Service
This is a Draft Update to the GitHub Corporate Terms of Service. These
changes will not be effective until July 21, 2017.
b7f5d80
@bluemazzoo bluemazzoo Better "short version" explanation 899a392
@bluemazzoo bluemazzoo Update github-corporate-terms-of-service.md fa9b8e4
-You retain all moral rights to Content you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. You understand that you will not receive any payment for any of the rights granted in this Section.
+You retain all moral rights to Your Content that you or your Users upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
+
+To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
@Oneiroi

Oneiroi Jul 11, 2017

Github however should indemnify the organization from any responsibility where content which has been modified ?

@cosimo

cosimo Jul 17, 2017

Not sure I understand the sentence you grant GitHub the rights we need to use Your Content without attribution.

Should it be intended as:

  • you grant github the rights we need to use Your Content without attribution [as necessary to render the website and provide the Service] AND
  • you grant github the rights we need to make reasonable adaptations to Your Content as necessary to render the Website and provide the Service

or

  • you grant github the rights we need to use Your Content without attribution [for anything we want] AND
  • you grant github the rights we need to make reasonable adaptations to Your Content as necessary to render the Website and provide the Service

?

@@ -164,7 +164,7 @@ You retain all moral rights to Your Content that you or your Users upload, publi
To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
### E. Private Repositories
-**Short version:** *You may have access to private repositories. The content of private repositories is confidential, and we only access it for support reasons, with your consent, or if required for maintenance or security reasons.*
+**Short version:** *You may have access to private repositories. We treat the content of private repositories as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.*
@PKI-Kent

PKI-Kent Jul 14, 2017

if required for security reasons (remove 'to')

bluemazzoo deleted a comment from Aleksandriy Jul 14, 2017

bluemazzoo deleted a comment from Aleksandriy Jul 14, 2017

-### E. Copyright Infringement and DMCA Policy
+You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; GitHub is not liable for disclosures to third parties that you authorize to access a private repository.
+#### 4. Exclusions.
+If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be [compelled by law](/articles/github-privacy-statement/#how-we-respond-to-compelled-disclosure) to disclose the contents of your private repositories.
@jayeshatnest

jayeshatnest Jul 16, 2017

In such case github should inform/intimate organization about disclose of contents along with detailed reasoning.

@berlincount

berlincount Jul 16, 2017

... before such disclosure happens, so legal action stays possible.

@gau-veldt

gau-veldt Jul 16, 2017

That might require a warrant canary in the case of demands for disclosure that include gag orders.

@Kasijjuf

The letter of the heading for the Payment section should be changed from K to L.

This is as good as terms of service feedback gets, using a code review system...

Contributor

bluemazzoo commented Jul 17, 2017

@Kasijjuf Thanks for catching that! This version has been updated.

@bluemazzoo bluemazzoo Update conference website
Update conference website to GitHub Universe
a79573d

combs commented Jul 17, 2017

The "Contribution Guidelines" link above takes me to a page that says "There isn't anything to compare."

@hyunjeeson

In Section 4 - License Grant to Us -- you speak about "sharing" and "distributing" content to other users. I would add a qualifier to this that you will only share or distribute to other users, if the user has chosen to make it public. If we want to keep certain content public, we should be able to do so, and therefore, the license should not extend to sharing and distributing, unless Github has permission to do so.

+#### 1. Control of Private Repositories.
+Paid accounts may have private repositories, which allow the User to control access to Content.
+#### 2. Confidentiality of Private Repositories.
+GitHub considers the contents of private repositories, and only the contents of private repositories, to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
@bmerry

bmerry Jul 22, 2017

The discussion in #1 re "only the content of private repositories" is also applicable here e.g. account passwords, billing information, probably lots of other information should be treated as confidential.

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