I agree Github's Terms are ambiguous, and I wouldn't want to rely on them. However, forking implies to me some kind of basic modification rights. It definitely doesn't imply to me unlimited rights. For instance, it doesn't say anything about distributing binaries.
As far as the warranty, I think your disclaimer is probably only valid for the versions that include it. But that doesn't mean that a court would necessarily find there is a warranty.
So, I would play it safe and do the filter-branches despite the inconvenience.
如果您在项目描述、github 的 Web 部分上发布免责声明,说明“除非另有说明,此分支中的代码受 ABC 许可证覆盖,并且 XYZ 免责声明”,那么您可能是安全的。
NOT LEGAL ADVICE:::
I would imagine that it would still hold that you would be the copyright owner of all versions, regardless of COPYING file or not.
As orip suggests, the license gives others the right to distribute and copy. Now, the terms of github, I believe, also require that you have an open source license, or one which provides some measure of grant to copying permissions.
So, without COPYING file, as a viewer of your code, I would imagine I am able to download your code, as you have provided it for distribution, but if I wanted to distribute the code, I should contact you to determine under what conditions you would allow me to copy the code.
You are probably safe if you post a disclaimer on the project description, the Web portion of github, saying "unless otherwise stated, code in this branch covered by ABC license, and XYZ disclaimer".
There is nothing technologically about Git which prevents others from copying your code. Those who obey licenses will obey licenses. You can try to sue those who don't obey your license.
The license text is what gives people the right to use the code. Without a license, people other than the copyright holder (you) have no rights to use it for anything.
So your older versions in the history still keep your rights.
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我同意 Github 的条款不明确,我不想依赖它们。然而,分叉对我来说意味着某种基本的修改权。这对我来说绝对不意味着无限的权利。例如,它没有提及任何有关分发二进制文件的内容。
就保修而言,我认为您的免责声明可能仅对包含它的版本有效。但这并不意味着法院一定会认为存在保证。
因此,尽管不方便,我还是会谨慎行事并执行过滤器分支。
IANAL。
I agree Github's Terms are ambiguous, and I wouldn't want to rely on them. However, forking implies to me some kind of basic modification rights. It definitely doesn't imply to me unlimited rights. For instance, it doesn't say anything about distributing binaries.
As far as the warranty, I think your disclaimer is probably only valid for the versions that include it. But that doesn't mean that a court would necessarily find there is a warranty.
So, I would play it safe and do the filter-branches despite the inconvenience.
IANAL.
非法律建议:::
我想您仍然是所有版本的版权所有者,无论是否复制文件。
正如 orip 所暗示的那样,许可证赋予其他人分发和复制的权利。现在,我相信 github 的条款还要求您拥有开源许可证,或者提供某种授予复制权限的许可证。
因此,如果没有复制文件,作为代码的查看者,我想我能够下载您的代码,因为您已提供代码进行分发,但如果我想分发代码,我应该与您联系以确定在什么条件下你允许我复制代码。
如果您在项目描述、github 的 Web 部分上发布免责声明,说明“除非另有说明,此分支中的代码受 ABC 许可证覆盖,并且 XYZ 免责声明”,那么您可能是安全的。
NOT LEGAL ADVICE:::
I would imagine that it would still hold that you would be the copyright owner of all versions, regardless of COPYING file or not.
As orip suggests, the license gives others the right to distribute and copy. Now, the terms of github, I believe, also require that you have an open source license, or one which provides some measure of grant to copying permissions.
So, without COPYING file, as a viewer of your code, I would imagine I am able to download your code, as you have provided it for distribution, but if I wanted to distribute the code, I should contact you to determine under what conditions you would allow me to copy the code.
You are probably safe if you post a disclaimer on the project description, the Web portion of github, saying "unless otherwise stated, code in this branch covered by ABC license, and XYZ disclaimer".
Git 在技术上没有任何东西可以阻止其他人复制您的代码。遵守许可证的人将遵守许可证。您可以尝试起诉那些不遵守您的许可的人。
There is nothing technologically about Git which prevents others from copying your code. Those who obey licenses will obey licenses. You can try to sue those who don't obey your license.
许可证文本赋予人们使用代码的权利。如果没有许可证,版权所有者(您)以外的人无权将其用于任何用途。
所以你历史上的旧版本仍然保留你的权利。
The license text is what gives people the right to use the code. Without a license, people other than the copyright holder (you) have no rights to use it for anything.
So your older versions in the history still keep your rights.