WinampDesktop/winamp - Licence violates github TOS · Issue #6
WinampDesktop/winamp - Licence violates github TOS · Issue #6
No Distribution of Modified Versions: You may not distribute modified versions of the software, whether in source or binary form. * No Forking: You may not create, maintain, or distribute a forked ...
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The TOS actually does not say you are granting users permissions to fork in the usually understood sense. The TOS gives you permission to copy, which Github calls "forking" even though it isn't.
> you agree to allow others to view and "fork" your repositories
How did you come to the conclusion that this does not grant the permissions to fork? It's literally in the sentence. Where else did you find the definition of "forking", if not here? This is what Github defines in the TOS, this is the label on the button in github UI, so clearly this is also what winamp means when they forbid "forking" and that means it's against the TOS. There is no other "forking".
I got it from the TOS:
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 Content from your repositories in repositories they control).
They explicitly define it as making copies. There is no mention of being allowed to modify said copy. Also note the quotes around "fork", since it differs from the usual definition.
E.g. wikpedia (https://en.m.wikipedia.org/wiki/Fork_(software_development) defines it thusly:
In software engineering, a project fork happens when developers take a copy of source code from one software package and start independent development on it, creating a distinct and separate piece of software.
(Emphasis mine)
@sweng But what else would "forking" mean? As you said "in the usual sense". This is the usual sense - making a copy of the repo on github = forking.
I edited my reply to include the definition from Wikipedia, but there are of course many other sources.
> take a copy of source code
?
Look, I can't help you if you don't even read the things you are posting. 🤷♂️
How about you continue reading a bit further, until you hit the word "and".
take a copy of source code from one software package and start independent development
(emphasis mine).
Github defines "forking" as just copying, while normally it is understood as copying + further development (creating a "fork" in the development history, hence the name).
@sweng No need, I can instead continue reading the "license" and see the word "or".
> You may not create, maintain, or distribute
They disallow creating copies. Plus other things, but already creating the fork by either definition is disallowed. Not to mention, wikipedia is not a legal document while the TOS is, the double-quotes are used because that's the first time a new term is used, followed by its definition, and that the license is likely using Github's definition, not wikipedia's
Why on earth would the license use Github's very niche definition? "Forking" as a software concept has been around for decades longer than Github or it's "fork" button has existed.
Also, how about reading the full psragraph?
You may not create, maintain, or distribute a forked version of the software.
(emphasis mine). It only does what you think it does if forking = copying. Which it doesn't.
Question to you: Github provides a button labeled "Download ZIP" for downloading a .zip-file containing the source. If I press that button, am I in your opinion creating a fork?
An article exactly about how Github misuses the word "fork": https://drewdevault.com/2019/05/24/What-is-a-fork.html