Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

I'd like to point out that taking exception with "the right to “reproduce your Content solely on GitHub as permitted through GitHub's functionality”" means you were probably already not using GitHub, since that literally describes what happens when someone clicks the "fork" button.

Especially given that the actual EULA text is this: "If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to access your Content through the GitHub Service, and to use, display and perform your Content, and to reproduce your Content solely on GitHub as permitted through GitHub's functionality. You may grant further rights if you adopt a license."

(There also seems an odd confusion between "illegal" and "in violation of the terms of service", which are very different things indeed, but that's less crucial to examining what the terms actually say you can, and cannot, do on GitHub)



There also seems an odd confusion between "illegal" and "in violation of the terms of service", which are very different things indeed, ...

Um, remember Aaron Swartz? JSTOR?

JSTOR and Aaron reached an agreement. JSTOR didn't want Aaron prosecuted. But that didn't stop Carmen Ortiz, the federal prosecutor, now did it?

See also "Computer Fraud and Abuse Act Reform" [0] and "Aaron's Law: Violating a Site's Terms of Service Should Not Land You in Jail" [1].

[0]: https://www.eff.org/issues/cfaa

[1]: https://www.theatlantic.com/technology/archive/2013/01/aaron...


U.S. courts have repeatedly (see eg. US vs. Nosal & US vs. Drew, both linked in the pages you cited) ruled that ToS or acceptable-use violations are not criminal offenses under the CFAA. In their opinions, they explicitly argued that criminalizing breaches of contract would violate widespread public knowledge of the difference between a contract & a law, and would make the CFAA unenforceably vague. It's pretty likely that Aaron would've been acquitted had the case gone to trial.


yes? no trial was held, for the most unfortunate of reasons, but if it had it would not have been based on an "an EULA violation" alone. The court would not have been able to accept the case as EULA violations are not criminal offenses in and of itself.




Consider applying for YC's Fall 2026 batch! Applications are open till July 27.

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: