2010/3/21, Daniel Stenberg wrote:

> I've created a git version of our source code repo, and I now push a
> 'master' branch to github - the main branch of development.
>
> See it here: http://github.com/bagder/curl/tree/master

Quoting "GitHub Terms of Service"...

> GitHub reserves the right to update and change the Terms of Service
> from time to time without notice.

If I had to make the decision of moving a project to GitHub, that
single sentence would put GitHub out of my list of potential
candidates. It says everything about what we can expect about them.

> B. API Terms
>
> Customers may access their GitHub account data via an API
> (Application Program Interface). Any use of the API, including use
> of the API through a third-party product that accesses GitHub, is
> bound by these Terms of Service plus the following specific terms:
>[...]
> 2. Abuse or excessively frequent requests to GitHub via the API may
> result in the temporary or permanent suspension of your account’s
> access to the API. GitHub, in its sole discretion, will determine
> abuse or excessive usage of the API. GitHub will make a reasonable
> attempt via email to warn the account owner prior to suspension.

I wonder if autobuilds pulling source code from GitHub will trigger
the abuse and suspension policy.

> D. Cancellation and Termination
>
>[...]
> 4. GitHub, in its sole discretion, has the right to suspend or
> terminate your account and refuse any and all current or future
> use of the Service, or any other GitHub service, for any reason
> at any time.

How lovely!

> F. Copyright and Content Ownership
>
> 4. The look and feel of the Service is copyright ©2010 GitHub Inc. All
> rights reserved. You may not duplicate, copy, or reuse any portion
> of the HTML/CSS, Javascript, or visual design elements or concepts
> without express written permission from GitHub.

I very much doubt that there's no previous art, nor any patent, that
have similar look and feel as GitHub Service. So why on earth do they
want me to accept that for example a concept as simple as a 'colorized
diff' belongs to them and that no one can use it without previous
written permission?

> G. General Conditions
>
> [...]
> 14. The failure of GitHub to exercise or enforce any right or
> provision of the Terms of Service shall not constitute a waiver
> of such right or provision. The Terms of Service constitutes the
> entire agreement between you and GitHub and govern your use of the
> Service, superceding any prior agreements between you and GitHub
> (including, but not limited to, any prior versions of the Terms of
> Service). You agree that these Terms of Service and Your use of the
> Service are governed under California law.

Once more, this can be read as, "GitHub has all the rights, you have
none, and in case of dispute you'll have to, at least, fly to
California".

Which opens another interesting matter for consideration...

Up to now, main development repository of libcurl, and c-ares, has
been hosted in a country with high respect to freedom, civil, and
individual rights, The Kingdom of Sweden.

USA and ACTA countries were simply importers of a fine piece of art.
But moving main development repository to the USA GitHub cloud changes
this radically. Anyone outside the USA, like the swedish, spanish,
german or french main libcurl developers using GitHub would be
converted automatically in exporters and importers of code to the USA
and subject to ACTA and who knows which other rights-limiting laws.

BTW European Union has already rejected adoption, at least initially,
of ACTA due to its draconian and obscure implications.

For now we the European Union citizens are ACTA free. The same as USA
ones should be.

-- 
-=[Yang]=-
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