A very interesting interpretation of the github TOS. Kate Downin is saying that users of github is giving a special license to GitHub, one that bypasses the original license. However if that is true then any upload of code that users do not have 100% copyright control of is then a copyright violation since the user would not have the authority to grant github that special license. It would be similar to a user uploading a copyrighted movie to youtube, and google using that as a license to use the movie in an advertisement.
I wonder if a court would think that microsoft in this case has done their due diligent to verify that the license grant that they got from users are correct and in order.
I wonder if a court would think that microsoft in this case has done their due diligent to verify that the license grant that they got from users are correct and in order.