[HN Gopher] Microsoft forked MIT licensed repo and changed the c...
       ___________________________________________________________________
        
       Microsoft forked MIT licensed repo and changed the copyright
       [fixed]
        
       Author : mkdirp
       Score  : 1186 points
       Date   : 2021-12-25 14:12 UTC (8 hours ago)
        
 (HTM) web link (github.com)
 (TXT) w3m dump (github.com)
        
       | throwaway984393 wrote:
       | It seems people are outraged because they don't like it, but they
       | don't seem to be talking about whether it's actually legal.
       | 
       | IANAL, but the MIT license specifically does not say you have to
       | redistribute with the same copyright owner notice. It says the
       | copyright notice and terms must remain, and that you can
       | sublicense it. It doesn't say you can't change the copyright
       | notice.
        
         | [deleted]
        
       | osolo wrote:
       | The attitude in these threads always boggles my mind. When YOU,
       | your teammates or someone else you know makes a mistake, then
       | it's just a mistake. But when someone at Microsoft makes a
       | mistake it's because Microsoft is evil and by extension so is the
       | person who offended.
       | 
       | "It's a big company", you say. They should have a process! And
       | I'm sad to say, they do/will have a process exactly because of
       | this attitude. Then, everyone wonders why it takes forever to fix
       | that bug they're furious about or why features are slow to come.
       | 
       | Full disclosure: I work for MS, though have nothing to do with
       | this. It's a huge company. I know hundreds of people and most of
       | them are upstanding and try to do the right thing.
        
         | fxtentacle wrote:
         | In my opinion, this gets a strong reaction because:
         | 
         | 1. They made similar mistakes in the past.
         | 
         | 2. They didn't fix it for half a year.
         | 
         | 3. They can expect strong financial benefits from making these
         | mistakes.
         | 
         | 4. They've recently burned a lot of goodwill by deliberately
         | infringing licenses on a large scale when they trained Copilot.
         | 
         | 5. They could have easily prevented this kind of mistakes.
         | 
         | My summary would be that Microsoft deserves to be punished for
         | making this mistake. If nothing bad happens now, then we'll
         | have the same discussion again in half a year from now.
        
           | tptacek wrote:
           | What financial benefits do they stand to gain by changing the
           | name on an MIT license?
        
             | fxtentacle wrote:
             | In some cases, they changed other licenses to MIT. That
             | would then allow them to train their AI models on this
             | source code, or redistribute a closed-source monetized GPL
             | rip-off.
             | 
             | Team A) makes a mistake and changes the license. Team B)
             | uses the fork under its new license and forgets to check
             | the original branch's license.
             | 
             | Two honest mistakes leading to a de-GPL-ed library.
        
               | tptacek wrote:
               | Here, they're changed the name on an MIT license. What
               | financial benefit do they stand to accrue from doing so?
               | That's the question I'm asking.
        
               | fxtentacle wrote:
               | I was talking not only about this specific instance of it
               | happening, but Microsoft had similar mistakes throughout
               | the past 6 months. Here's the one from CUPS, a Linux
               | printing library:
               | 
               | https://github.com/microsoft/cups/commit/ad69bcc78bdea3fe
               | a3f...
               | 
               | It used to be Apache License, then it became "MIT License
               | (c) Microsoft Corporation". Thanks to the attention that
               | this thread got, it has now been fixed:
               | 
               | https://github.com/microsoft/cups/commit/3859d70160010c61
               | fd7...
               | 
               | But that source code was online with the wrong license
               | for more than 6 months. Imagine if you had hosted Windows
               | source code with a misattributed MIT license for 6
               | months... They would also bring out the pitchforks ;) Or
               | even worse: well-paid lawyers.
        
               | tptacek wrote:
               | I asked what Microsoft had to gain from altering an MIT
               | license. You're answering a different question. But,
               | fine, I'll bite: tell me how Microsoft stood to make a
               | nickel by modifying an Apache license.
        
               | chris_wot wrote:
               | Um, it changes the ownership? If they wanted to relicense
               | it, then they could say "well, hey, it's our license!".
        
               | tptacek wrote:
               | The MIT license puts essentially no restrictions on them
               | that they would need to relicense out from under. They
               | can't un-MIT it. So I'm still not clear on how you
               | propose for them to make money by doing this. Do you have
               | an answer to my question?
        
               | chris_wot wrote:
               | If they can change the copyright ownership from an
               | individual to themselves, then they could (however
               | unlikely) change the license on subsequent revisions to
               | no longer provide the software free of charge, and could
               | prevent anyone from using the software and associated
               | documentation files in an unrestricted form.
        
               | mlyle wrote:
               | > then they could (however unlikely) change the license
               | on subsequent revisions to no longer provide the software
               | free of charge,
               | 
               | You don't need to change the "ownership" to do this. MIT
               | licensed software can be put under more restrictive
               | licenses for subsequent revisions by _anyone_.
        
               | m3047 wrote:
               | I think the OP is playing 20 questions for their own
               | entertainment. I think what they're not telling you is
               | that there's nothing to prevent someone from making a
               | closed-source product incorporating something which is
               | MIT licensed (but they're still supposed to give credit
               | where due). That's also not the whole story. Squirrel!
        
               | tptacek wrote:
               | If they don't know the answer to the question I actually
               | asked, all they have to do is not answer it. I object to
               | the notion that I'm the one playing games here.
        
             | m3047 wrote:
             | They're asserting ownership. By asserting ownership they're
             | converting good will and assuming the mantle of authority,
             | which will sway plenty of weak-minded people: hey it's
             | Microsoft.
        
               | tptacek wrote:
               | I see how that gets them a C-grade Mastodon lyric, but
               | not how it gets them a nickel. Did I ask this question in
               | a particularly weird way? The responses it's getting are
               | a little confusing.
        
           | fault1 wrote:
           | also, never forget CP/M: https://www.wired.com/2012/08/ms-
           | dos-examined-for-thef/
        
         | junon wrote:
         | The difference is, most engineers I know respect and understand
         | licenses. If you work at Microsoft - a software company - you
         | should too.
        
           | nomel wrote:
           | Respecting a license is completely orthogonal to the
           | unintended behavior of an automation used on something it
           | wasn't really meant for (fork rather than a new repo)
        
         | drnonsense42 wrote:
         | Yeah, get that promotion! Developers, developers, developers!
        
           | hdjjhhvvhga wrote:
           | I think your comments does not add anything meaningful to
           | discussion. Yes, Microsoft screwed up. Yes, a Microsoft
           | employee is trying to make excuses for them. This does not
           | mean we couldn't have a civilized discussion, though.
        
             | [deleted]
        
             | hackertux wrote:
             | All discussions are civilized until you start throwing
             | stones at each other.
        
           | dang wrote:
           | Posting like this will get you banned here, so please don't.
           | It's not what this site is for, and it destroys what it is
           | for.
           | 
           | https://news.ycombinator.com/newsguidelines.html
        
         | [deleted]
        
         | akkartik wrote:
         | It's a bug, but it's also an example of what I think of as
         | _differential accountability_ :
         | 
         | * Bugs in the bot inevitably assign ownership to the writer
         | rather than from the writer.
         | 
         | * Bugs in the billing system invariably overcharge customers
         | 
         | * Bugs in the image recognition system invariably select white
         | people.
         | 
         | Well-meaning people still follow their incentives. Corners have
         | to get cut somewhere.
         | 
         | I totally agree this isn't specific to MS. We have seen the
         | enemy, and it is us.
        
           | m3047 wrote:
           | I believe "moral hazard" is the term of art for what you
           | describe.
        
             | akkartik wrote:
             | Approximately. Moral hazard typically refers to sins of
             | commission. Deliberately taking on more risk because you're
             | insured. Here I'm thinking more of sins of omission. You
             | just forgot to do something. You didn't have enough
             | attention to devote to the task, so you rationally
             | apportioned the attention budget to the areas most likely
             | to be checked by others.
        
           | micimize wrote:
           | This isn't true - the only billing system bug I've seen
           | undercharged. Also if it was an overcharge, they would have
           | made customer whole, whereas they wrote off the undercharge.
           | 
           | Microsoft doesn't really gain anything here - there's a clear
           | "forked from" qualifier in the repo, they aren't republishing
           | these packages, etc. The only people who noticed noticed in a
           | negative light.
        
             | akkartik wrote:
             | To reiterate, I'm not saying there's malicious intent in
             | any single bug. Yes, billing errors don't lead to more
             | revenue for the firm. I'm describing rather a systemic bias
             | in incentives for the people doing the work (programmers)
             | and supervising the work (managers).
        
         | aynyc wrote:
         | There are genuine mistakes, and there are some due to
         | incompetency. Both can be somewhat execused.
         | 
         | However, if you look at the changelog, I don't know how you are
         | gonna say with a straight face that it's a "mistake".
        
         | laumars wrote:
         | This isn't just one person making a silly mistake. This is a
         | catalogue of failings. Where's the peer review? Are you
         | suggesting that anything published in the main branch on
         | Microsoft's GH org gets commit without any branch protection?
         | And as pointed out by others, this isn't even an isolated case.
         | 
         | A healthy org doesn't blame individuals, it blames failures in
         | process. Thus Microsoft should own this mistake. Stating it's
         | the fault of an individual sounds more like your team operates
         | a blame culture. Which, frankly, is a major red flag for a
         | failing organisation.
        
           | res0nat0r wrote:
           | It's an automated bot, and it's an edge case that wasn't
           | considered and is going to get fixed soon.
        
             | laumars wrote:
             | I'm satisfied that the situation has been, or at least will
             | be, resolved.m however there is still the unanswered
             | question of who audits the changes the bot makes.
             | 
             | There is a definitely lesson to be learnt here that bots
             | aren't infallible themselves and thus need reviewing too.
             | Automation undoubtedly enhances our developer experience
             | but we do need to ensure that automation doesn't make
             | unchecked changes. This is something a great many engineers
             | can learn from too.
        
             | timeon wrote:
             | Is forking on Github edge case?
        
               | res0nat0r wrote:
               | Apparently forking a 3rd party repo INTO the Microsoft
               | github org is, yes.
        
             | [deleted]
        
         | blihp wrote:
         | Microsoft is a rather special case of a company that has
         | virtually no goodwill in the open source world. These are the
         | dividends that result from statements and actions over decades.
         | So when something like this occurs, the default reaction is
         | often 'of course... it is Microsoft after all'.
        
         | faangiq wrote:
         | MS and other bigcos have a history of being evil. It's the
         | correct assumption.
        
         | bakul wrote:
         | How is running a bot to change _copyright notices_ a
         | /mistake/?
         | 
         | > Full disclosure: I work for MS
         | 
         | It is difficult to see the reality distortion field you are in
         | from the inside.
        
           | dado3212 wrote:
           | when $new_repo in $msft_github: echo $standard_license >
           | LICENSE.md
           | 
           | Could just be normal practices, and doesn't check if a
           | license already exists because it's usually handling non-
           | forked OSS repos. What's the phrase? "Never ascribe to malice
           | that which is adequately explained by incompetence".
        
             | michaelmrose wrote:
             | When someone is a professional paid 150-200k it's hard to
             | argue that they just forgot to check to see if a license
             | exists.
        
               | dado3212 wrote:
               | I don't know why people assume the more money you make
               | the more infallible you are. Trust me that every FAANG
               | engineer has written code with some similar pitfall that
               | seems so obvious from the outside.
        
               | dangrossman wrote:
               | They forgot that a bot may overwrite the license when
               | they fork a repo. That's different from forgetting to
               | check if a license exists.
        
           | dang wrote:
           | This breaks several of the HN guidelines and crosses into
           | personal attack. We ban accounts that post like that, so
           | please don't.
           | 
           | https://news.ycombinator.com/newsguidelines.html
        
           | yawnxyz wrote:
           | I used to work for MS and... it's still easy to see it from
           | the inside lol
        
             | newjersey wrote:
             | I don't work at Microsoft but I can confirm. There are so
             | many "suggestions" for Microsoft Teams. I don't know if
             | there exists another company whose employees are more
             | critical of Microsoft Teams than Microsoft.
             | 
             | My personal conspiracy theory is Teams would have died long
             | ago if not for strong support from the top.
        
               | tyrrvk wrote:
               | Teams is garbage, every time I use it I loathe computing
               | in general.
        
               | fault1 wrote:
               | teams seems important strategically for microsoft
               | however, if it truly wants to remain as the standard
               | 'operating system' for enterprises.
               | 
               | but yeah, friends of mine who work at github say the
               | worst thing about the acquisition was Teams
        
               | hirsin wrote:
               | Which is odd because Github doesn't use Teams, they're
               | Slack based. As in, if I set up a meeting with my Github
               | counterparts they're late because they had to install
               | Teams.
        
               | jounker wrote:
               | How is this inconsistent with "Teams is awful, and we
               | avoid it as much as possible"?
        
         | bananamerica wrote:
         | It is reasonable to have different expectations from large
         | corporations with enormous resources than you would have for an
         | independent developer.
        
         | windexh8er wrote:
         | Microsoft, a collective group of people trying to do the right
         | thing, has made many choices over their time. Many of those
         | choices have been in direct violation of things like, but not
         | limited to, the spirit of the Internet, anti-competiton, spying
         | on their customers, and many other negative things. Should we
         | have let those things slide because Microsoft employs others
         | that weren't involved? No. You can say this may have been a
         | mistake but that is a slippery slope. Microsoft deserves
         | negative press on "mistakes" because this acts as a balance to
         | keep the power they wield in check. Beyond that you have a
         | significant bias against biting the hand that feeds.
        
         | micromacrofoot wrote:
         | if I did this to microsoft do you think I'd be granted the same
         | leeway? could I tell them they need to cut me some slack
         | because i'm one person and "there's a process"?
        
         | throwaway277432 wrote:
         | This _is_ their process. Very hard to argue these are all
         | mistakes:
         | 
         | ippsample (Apache -> MIT)
         | https://github.com/microsoft/ippsample/commit/938bff17c72868...
         | 
         | huggingface-transformers (Apache -> MIT):
         | https://github.com/microsoft/huggingface-transformers/commit...
         | 
         | health-cards-tests (MIT changed)
         | https://github.com/microsoft/health-cards-tests/commit/5649b...
         | 
         | CUPS (Apache -> MIT)
         | https://github.com/microsoft/cups/commit/ad69bcc78bdea3fea3f...
         | 
         | Credit to this reddit comment:
         | https://www.reddit.com/r/opensource/comments/roa9xz/comment/...
        
           | verst wrote:
           | This is a bot that is supposed to configure the right license
           | when employees _start_ a new repo in the Microsoft GitHub
           | org.
           | 
           | It seems the automation is also triggered when Repos are
           | forked into the Microsoft GitHub org which isn't correct
           | behavior.
           | 
           | This isn't a deliberate action. If it were plenty of
           | employees (myself included) would be outraged. I assume it's
           | a bug in the bot - an edge case that was not considered. It
           | is very rare to fork something into the Microsoft GitHub org
           | after all.
           | 
           | I'll pass it along to some people I know.
        
             | [deleted]
        
             | micimize wrote:
             | These forks may be done for security purposes for projects
             | that use source-based build systems so that the depending
             | project doesn't have 3rd party repo dependencies.
             | 
             | As someone whose developed similar GH integrations, getting
             | things right with their API is fairly tricky. What would
             | actually be desirable is public-to-private forks so that
             | the fork-dependency pattern is more enterprise friendly and
             | this kind of confusion is mitigated.
        
             | [deleted]
        
             | tbrock wrote:
             | Why would anyone write that so it changes the license to
             | the right one instead of just flagging it as incorrect for
             | review?
        
             | chris_wot wrote:
             | Have you considered that the reason for the outrage is
             | because people don't actually trust Microsoft to do the
             | right thing? I can see this is a mistake, but surely the
             | litany of awful business practices by Microsoft in the past
             | precedes it?
        
               | verst wrote:
               | I didn't say anything about the outrage of others. I said
               | a deliberate license change would be unacceptable to
               | employees.
               | 
               | I'm no official representative of Microsoft...
        
               | rStar wrote:
        
               | chris_wot wrote:
               | Sorry, I didn't mean to imply you were. But no offense,
               | so what if it isn't acceptable to employees? The
               | decisions by Microsoft are made by the management of the
               | company. As an example of another company with severe
               | credibility problems, I'm sure there are plenty of
               | employees at Facebook who don't like working there now,
               | but they are still there. And still implementing the
               | policies and directions of management.
        
             | throwaway277432 wrote:
             | Thank you. So these are in fact all mistakes.
             | 
             | I looked at some of the other forked repos (95 out of 4.5K
             | repos) and all the human commits from MS I saw seem to care
             | about getting the licenses right. So it really is just a
             | broken bot.
             | 
             | I hope the bot can be fixed soon and I'm going to put my
             | figurative pitchfork down now.
        
               | verst wrote:
               | I'll consider it an unusual bug report.
               | 
               | Hopefully the bot can be fixed soon and the affected
               | licenses changed back.
               | 
               | Realistically I'm not sure folks are working over the
               | holidays, so give it a bit of time :)
        
               | ognarb wrote:
               | Look at https://github.com/microsoft/cups/commit/8100595a
               | 3a3a6d5c7d0... . This was done by an human.
        
               | mst wrote:
               | As noted elsewhere in this thread this one looks like
               | human misunderstanding and has already been raised
               | internally for fixage.
               | 
               | Shame it slipped through the cracks, but at scale
               | eventually something's going to no matter how hard you
               | try.
        
               | btdmaster wrote:
               | Are they deliberately getting their modifications under
               | an pseudo-incompatible* license? This is the only
               | reasonable explanation I can think of.
               | 
               | * IANAL. Although Apache 2.0 and MIT are compatible,
               | using a different license makes it awkward for changes to
               | be merged upstream.
        
               | ognarb wrote:
               | The biggest change between Apache 2.0 and MIT are related
               | to patents. INAL but the Apache 2.0 is a lot more safe in
               | this aspect.
        
               | lazysheepherd wrote:
               | Things break all the time, so errors will happen.
               | 
               | If you look at life as good & evil, you won't solve any
               | conflicts. You should rather focus on "incentives".
               | Correcting bugs and errors take time and other resources,
               | therefore require incentive to prioritize. If their bots
               | were to stamp Microsoft projects with open source
               | licenses, there would be huge incentive for them to
               | tackle this problem within this sprint, and make sure it
               | never happens again.
               | 
               | This bug profits them, or does not harm them at worst
               | case. Therefore, by drawing attention and applying
               | pressure, we should create the incentive for them to
               | allocate resources to fix it, and make sure it does not
               | repeat.
        
               | verst wrote:
               | I reached out to Jeff Wilcox who runs the Open Source
               | Programs Office now earlier (see Tweet https://twitter.co
               | m/berndverst/status/1474789173882089472?s=...).
               | 
               | He since commented on this post with a lot more detail.
        
               | throwaway277432 wrote:
               | He wrote a great response. Not many people I know would
               | stand in front of a online mob and say "It's code that I
               | wrote". And then fix it on Christmas!
               | 
               | While I'm glad this got resolved so quickly, I'm slightly
               | ashamed of myself and the HN community for how we handled
               | this. In hindsight the outrage was wildly out of
               | proportion for a simple bug.
               | 
               | I'll make a mental note to do better in 2022.
        
               | tptacek wrote:
               | Thanks for saying this.
        
               | michaelmrose wrote:
               | How can someone be so bad at their job that they realize
               | that a bot that writes to the license file needs to avoid
               | overwriting an existing file? A certain degree of
               | malfeasance cannot possibly be explained as incompetence.
        
               | wiredone wrote:
               | This is the type of online rage that we as a community
               | need to stamp out.
               | 
               | Be better.
        
               | dang wrote:
               | I agree with you in principle but "stamp out" and "be
               | better" are phrases that produce the opposite of what
               | you're aiming at. We're trying to avoid the online
               | callout/shaming culture here.
               | 
               | https://hn.algolia.com/?sort=byDate&type=comment&dateRang
               | e=a...
        
               | dang wrote:
               | Please don't pile on like this. You can make your
               | substantive points without "how can someone be so bad at
               | their job" hyperbole. Any mistake can be made to look
               | terrible if you're uncharitable enough.
               | 
               | https://news.ycombinator.com/newsguidelines.html
        
               | jolux wrote:
               | > A certain degree of malfeasance cannot possibly be
               | explained as incompetence.
               | 
               | This is a missing conditional check, a mistake that is
               | extremely easy to make and one I'm sure you've made at
               | least once if you've been a professional programmer for
               | any significant length of time.
        
               | [deleted]
        
               | csunbird wrote:
               | or maybe they do not know/they missed that creating a
               | fork from an existing project actually triggers "new repo
               | created" event in the github organization, which has an
               | unintended effect.
        
               | michaelmrose wrote:
               | A year later?
        
             | akyoan wrote:
             | Shh people don't like to be wrong, don't waste your
             | fingertips.
        
               | [deleted]
        
           | phendrenad2 wrote:
           | Wrong. The more links, the easier it is to argue that it's a
           | mistake. Automation is hard, you know? Especially if no one
           | noticed these and called them out on it until now.
        
             | fivea wrote:
             | > Wrong. The more links, the easier it is to argue that
             | it's a mistake. Automation is hard, you know?
             | 
             | Is it wrong though? I mean, if Microsoft's reiterated
             | pattern of license switches is automated, wouldn't this
             | also mean that the error would be easily detected based on
             | public feedback alone? And given this was not the first or
             | second or third separate and independent occurrence of this
             | pattern, if this was a honest mistake then wouldn't this
             | already be addressed in any of the multiple past shout-out?
        
               | nomel wrote:
               | > wouldn't this also mean that the error would be easily
               | detected based on public feedback alone
               | 
               | Please see the entire public feedback you're a part of
               | right now.
        
           | throwaway277432 wrote:
           | (deleted)
        
             | Tyriar wrote:
             | MS acquired that extension, Don works at MS now.
        
               | throwaway277432 wrote:
               | You're right. Saw the reviewer on that PR but you were
               | too quick and I couldn't delete my comment anymore.
        
           | Tyriar wrote:
           | MS dev here. Thanks for calling this out. I contacted the
           | GH@MS admins to look into this and to consider adding some
           | safeguards to the tooling so this doesn't happen in the
           | future.
        
             | michaelmrose wrote:
             | How is it remotely possible to not understand you cannot
             | automatically overwrite a license file with your own. If
             | you yourself were creating such automation wouldn't that be
             | one of the first and most obvious things you would think
             | of?
        
               | mlyle wrote:
               | If you think of the use case of forks, sure.
               | 
               | If you think of employees creating new repos in the
               | org--- smash the correct LICENSE in there ASAP.
               | 
               | The problem is that forking a different repo into the org
               | triggers the logic of a "new repository".
        
               | wise_young_man wrote:
               | A simple solution prior to writing to a file in this case
               | is to check if it already exists. It shouldn't matter
               | what triggers this bot if it's programmed safe and
               | idempotent.
        
               | mlyle wrote:
               | Nuking the existing LICENSE file and replacing with the
               | canonical one is a good move when it's your own
               | developers' work.
        
               | dpark wrote:
               | So your simple solution is to not have the bug. Wish I'd
               | thought of this for all the bugs I've ever shipped.
               | 
               | Disclosure: Microsoft employee who sometimes writes bugs.
        
               | dpark wrote:
               | Do you never write code with bugs or do your employers
               | just judge you much less harshly than you judge others?
               | 
               | > _If you yourself were creating such automation wouldn
               | 't that be one of the first and most obvious things you
               | would think of?_
               | 
               | Probably not, because it sounds like this was not
               | intended to ever run on forked repos at all.
        
             | ordiel wrote:
             | And so ther revert the ones done in the past I hope...
        
               | rStar wrote:
        
             | [deleted]
        
         | [deleted]
        
         | lostsoul8282 wrote:
         | I highly agree with this.
         | 
         | Everytime I've taken the route that there is some evil, no good
         | as come out of it but when you give a group of people the
         | benifit of the doubt, I would argue the majority of the time
         | it's just a mistake.
        
         | DarkmSparks wrote:
        
         | productceo wrote:
         | +1
         | 
         | This is the peril of the imaginary "corporation" identity.
         | People expect a company to be one coherent and consistent
         | entity, but although a company can be managed well, establish
         | culture and processes, and progress towards cohesion, it can
         | never become as coherent as one person. And a person is not
         | that coherent in the first place.
         | 
         | I am sure I subconsciously make the same mistake when I think
         | about other companies. But I am making conscious effort to get
         | better, take a more forgiving view on the humankind and give
         | people as well as corporations chance to try again and be a
         | better version of themselves, build the mental capability to
         | remember that corporations are comprised of real people, and
         | people make mistakes, and reasonable people who make up the
         | majority of the population are constantly seeking (just
         | struggling) to be better versions of themselves.
        
         | halayli wrote:
         | I am finding it hard to accept that it is an honest mistake.
         | 
         | From my personal experience, every software engineer that works
         | in a company of this scale is obligated to take a training
         | course on software licensing and understand the differences,
         | and the "dos and don'ts".
         | 
         | If Microsoft doesn't have such a program in place then that's a
         | big problem and should expect harsh criticisms when such events
         | take place and if they do then it probably needs to be revised
         | because it doesn't seem adequate.
         | 
         | On the other hand, outside the context of MS, if a software
         | engineer doesn't feel they are doing something dirty as they
         | are replacing the license or the thought of I might get in
         | trouble with legal doing that doesn't cross their mind, then
         | they probably shouldn't be allowed to be at the front line
         | taking actions that represents the company's name.
        
         | curious_cat_163 wrote:
         | There is not an attitude for the whole thread. Understandably
         | you feel defensive but there is no need to.
         | 
         | If you care about this issue, try to get it fixed within your
         | company and move on.
        
         | johncena33 wrote:
         | You should see how HN would react if Google has done anything
         | remotely close to it. If it was Google your comment would be
         | downvoted to oblivion instead of being the top comment. Not to
         | mention you'd be disparaged for protecting your employer.
        
         | victorvscn wrote:
         | I feel like the only people with an attitude against Microsoft
         | these days are teenagers trying to look edgy and critical
         | thinking or pretending they are insiders.
         | 
         | I don't work for Microsoft.
        
         | [deleted]
        
         | hatware wrote:
         | The road to hell is paved with good intentions.
        
         | johnisgood wrote:
         | > I know hundreds of people and most of them are upstanding and
         | try to do the right thing.
         | 
         | How can you work for Microsoft AND do the "right" thing? I
         | guess it depends on your role, but still...
        
         | indymike wrote:
         | Microsoft has lawyers and more layers of management than
         | grandma's lasagna.
        
         | MrStonedOne wrote:
        
         | skywhopper wrote:
         | Folks who work at mega corporations with outrageous amounts of
         | power have a correspondingly large responsibility to the
         | communities they interact with. Their mistakes have a much
         | larger impact. Honest mistakes by hugely powerful entities are
         | not mere trivia. They have an effect on the rest of the world
         | commensurate with their power. Thus they should be held to a
         | much higher standard than everyone else.
        
         | jrmg wrote:
         | _But when someone at Microsoft makes a mistake..._
         | 
         | For many it's not just Microsoft. Many assume negative intent
         | from others most of the time. It much be such a frustrating,
         | draining way to live.
        
         | michaelmrose wrote:
         | Few people are likely to know <insert employee here> but many
         | people are very familiar with decades of bad behavior
         | undertaken by Microsoft not as isolated misdeeds but as a
         | matter of policy. Lacking personal context misdeeds or mistakes
         | are extremely apt to be interpreted in context of literal
         | decades of bad behavior by Microsoft.
         | 
         | I mean come on the seismic change in leadership at Microsoft is
         | just former lower echelon leaders during the time frame that MS
         | was doing wrong now moving up and taking the helm.
         | 
         | We are after all talking about the company that tried to
         | destroy the competition by funneling money into a fraudulent
         | lawsuit/pr campaign that was a front for a pump and dump. The
         | only thing separating MS leadership and felony charges is
         | meeting notes between them and SCO and the fact that important
         | people don't go prison in the US if can at all be avoided. Lest
         | we forget the current CEO was at this time an executive VP as
         | well.
         | 
         | Maybe it boggles your mind merely because you yourself are an
         | ethical person who comports themselves properly professionally
         | and would want people to see your efforts good and bad in
         | context of who you are. This is entirely reasonable but people
         | don't know you personally whereas your company makes headlines
         | for bad behavior.
        
         | dpweb wrote:
         | You have to take "companies doing good" always with a grain of
         | salt. They're profit seeking companies, who act aggressively in
         | their own interests.
         | 
         | It doesn't have to be a debate on "good vs evil" I've always
         | hated those terms applied in these contexts, it's childish and
         | for the naive. Fix the problem and move on.
        
           | michaelmrose wrote:
           | A company is merely a useful legal and organizational
           | fiction. It's all people all the way down and those people
           | don't act in a different moral context when they act on
           | behalf of a company.
        
           | gausswho wrote:
           | 'Profit-seeking companies' begs a common pejorative that
           | actively reduces the variety in the pool of companies. It may
           | not be descriptive of the companies for which this is not an
           | overarching motivation. Many of them really want to make a
           | happy customer by crafting as good a thing possible for the
           | price they charge, and be well by their employees.
           | 
           | That said, I can relate the the cynicism especially for the
           | giants. But painting them all as 'profit-seeking
           | corporations' may deaden a satisfaction that comes from being
           | a customer for a company you believe is good.
        
             | [deleted]
        
         | beervirus wrote:
         | Y'all are not entitled to the benefit of the doubt any more
         | than obviously-evil companies like Facebook are.
        
           | dang wrote:
           | We've banned this account for repeatedly breaking the site
           | guidelines and ignoring our requests to stop (most recently
           | https://news.ycombinator.com/item?id=29501677).
           | 
           | If you don't want to be banned, you're welcome to email
           | hn@ycombinator.com and give us reason to believe that you'll
           | follow the rules in the future. They're here:
           | https://news.ycombinator.com/newsguidelines.html.
           | 
           | We particularly don't want the online callout/shaming culture
           | here. nhttps://hn.algolia.com/?sort=byDate&type=comment&dateR
           | ange=a...
        
           | voakbasda wrote:
           | For those of us that remember the "old" Microsoft, they are
           | _still_ obviously evil. Nothing they have done will change
           | that view. Incidents like this prove that this zebra cannot
           | change its stripes.
           | 
           | Never. Trust. Microsoft.
        
             | beervirus wrote:
             | I mean yeah. But for a few years there, they were at least
             | not as obviously horrible as they used to be, or as some
             | other companies were.
        
         | __MatrixMan__ wrote:
         | If you had a history of behaving as badly as Microsoft, I'd be
         | as harsh on you as I am on Microsoft.
        
         | caslon wrote:
        
         | [deleted]
        
         | 3np wrote:
         | Along similar lines as my comment here:
         | https://news.ycombinator.com/item?id=29684127
         | 
         | ...Given that several engineers employed at Microsoft have been
         | part of armchairing this along everyone else now, why is not
         | one of y'all (not necessarily you but come on, this is getting
         | absurd, holidays aside) still just busy discussing around it
         | rather than spending the <5 minutes required per repo to start
         | actually fixing the fallout of it?
        
         | [deleted]
        
         | [deleted]
        
         | kyruzic wrote:
         | It literally shouldn't be possible for them to do this. This is
         | theft plain and simple. Why would anyone manually change a copy
         | right from a persons name to Microsoft? There is no
         | circumstance where that is acceptable.
        
           | dangrossman wrote:
           | Nobody manually changed a license. The commits were made by a
           | bot named "microsoftopensource" that exclusively adds copies
           | of Microsoft's license file, support file, readme file and
           | code of conduct to every new repository under their account.
        
         | Brave-Steak wrote:
        
         | ErikVandeWater wrote:
         | Microsoft is nearing 50 years of experience designing business
         | processes, and has basically unlimited access to top tier
         | talent. If the company had cared, it could have easily designed
         | a process to prevent this kind of mistake. But this mistake
         | doesn't negatively affect the bottom line so here we are.
        
           | [deleted]
        
           | GrinningFool wrote:
           | Most processes for that type of thing come about only after
           | someone has made a mistake.
           | 
           | Source: experience in the industry. Including having made a
           | similar mistake myself a couple of years back (and receiving
           | a fair bit of internet hate for it)
        
             | ErikVandeWater wrote:
             | Processes are built ahead of time if people take a risk
             | seriously.
        
               | GrinningFool wrote:
               | This is also true and is not mutually exclusive. People
               | and organizations are fallible - much process is
               | developed from learning.
        
         | [deleted]
        
         | [deleted]
        
         | SquishyPanda23 wrote:
         | I'm just curious, is Microsoft actually in violation of the MIT
         | license here?
         | 
         | All future changes to this repo are copyright Microsoft, so
         | Microsoft's copyright should be in the statement.
         | 
         | Arguably there should be an additional statement indicating
         | that LesnyRumcajs holds copyright to bits of code that
         | Microsoft hasn't changed.
         | 
         | But
         | 
         | (1) exactly which bits have LesnyRumcajs's copyright would have
         | to be verified by examining source control history. Since
         | LesnyRumcajs's copyright statement is visible on any commit
         | where LesnyRumcajs holds copyright, this setup makes actually
         | makes it easy to verify which portions LesnyRumcajs has
         | copyright claims on.
         | 
         | (2) Including LesnyRumcajs's copyright statement in repo
         | history seems to be all that the MIT license requires. The
         | license doesn't forbid there being another more easily
         | accessible copyright notice that doesn't list all copyright
         | holders. It only requires that LesnyRumcajs's statement be
         | included in all copies of the software, which it currently is.
        
           | esrauch wrote:
           | What you're saying doesn't make any sense. If what you're
           | saying was true you could take any MIT repro, fork it and
           | replace the license with a fully proprietary copyright claim
           | or any other license. You absolutely can't take code and just
           | change the license to anything more permissive without the
           | original copyright holders permission.
           | 
           | It's definitely the case that at a given snapshot of the
           | repository which has copyrighted code owned by someone else
           | the copyright notice has to be there at that same revision.
        
         | psyc wrote:
         | Ok. I worked at MS from 2005-2015. As I recall, there was this
         | huge formal legal process and due diligence around including a
         | single line of open source code. Is that not still the case? Am
         | I remembering it wrong?
        
           | robbedpeter wrote:
           | Github changed everything. All sorts of automation and open
           | source involvement happened, with new bots and systems.
        
             | psyc wrote:
             | Y'know, it actually slipped my mind that Microsoft
             | transformed into a much more open-source friendly company.
             | That makes some sense now.
        
         | IsThisYou wrote:
         | Try running an illegal copy of Office or Flight Simulator "by
         | mistake" and see what happens.
        
           | tiahura wrote:
           | FS I'm not sure about. Office goes into massive nag mode.
           | 
           | What's your point?
        
       | [deleted]
        
       | mradmin wrote:
       | Seems like a mistake to me. Microsoft recently adopted one of my
       | Open Source projects and part of the agreement was they would
       | keep the original license. This was a request on their part, I
       | had no choice in the matter. They know what they're doing, I
       | don't think they would do this deliberately. (Licence here:
       | https://github.com/microsoft/vscode-gradle/blob/main/LICENSE...)
        
         | motoboi wrote:
         | Microsoft is not a person. And, by its size, is not a single
         | entity with homogeneous values and procedures.
         | 
         | You interacted with one part of Microsoft, maybe we are seeing
         | the works of another part.
        
           | mradmin wrote:
           | Sure, could be. I guess i'd expect Microsoft to have company-
           | wide processes and practises when working with OSS though.
           | Could be wishful thinking.
        
       | johnklos wrote:
       | This is a perfect example of a huge company using the cover of
       | bullshit to do whatever they want.
       | 
       | "Oops. We f*d up? Well, you can't talk with a human unless you
       | pay us lots of money. Oh - you don't have money for a lawyer?
       | Tough. Good luck getting through our layers of trained monkeys."
        
       | aoetalks wrote:
       | A PR reverting this is already approved and merged:
       | https://github.com/microsoft/grpc_bench/pull/1
       | 
       | Thanks, 3np
        
       | uda wrote:
       | This isn't a mistake, stop calling it that.
       | 
       | Yeah, the individual developer forking into the Microsoft
       | organization might have not known what the bot does or how it
       | harms the community, but the people litigating the bot knew very
       | well what they were doing, and they are to blame for this.
       | 
       | The MIT or Apache allow free use, use, not re-attribution, if you
       | wanna add your name by attaching years to the lines, go ahead, it
       | is your right. But removing the original developer's copyright
       | DOES go against the license, and Microsoft should be held
       | accountable by the community for that.
       | 
       | How do we hold Microsoft accountable for what they do? we don't
       | collaborate with them on "their" open source projects, we don't
       | use "their" open source products.
       | 
       | Yes, I do realize that some people find some MS developed tools
       | useful, like VS Code, but I want to remind you that this was
       | developed by others before, the only reason they got a hype is
       | because they pushed it and you all rallied around it, so come on,
       | we do just fine without the mighty patron Microsoft.
       | 
       | (Edit: added "it" and "out")
        
         | dls2016 wrote:
         | Embrace, extend, extinguish.
         | 
         | https://en.wikipedia.org/wiki/Embrace,_extend,_and_extinguis...
        
           | rvz wrote:
           | I did warn everyone that Microsoft has gotten smarter and is
           | 'using' open-source and Linux for EEE. We know how they
           | embrace and extend.
           | 
           |  _Extinguish_ basically now means:
           | 
           |  _' We fork the best open-source tools and they sit on our
           | cloud and are more secure and scale better than if you self-
           | hosted it, and is completely free to use.'_
           | 
           | Paid competitors can't compete or will struggle to compete
           | with free, given that it is open-source and more secure and
           | is sitting on the cloud and scales. Lastly, nobody got fired
           | for buying products with Microsoft(r) stamps.
        
         | dang wrote:
         | It seems to have very plainly been a mistake, and your comment
         | broke the site guidelines. If you wouldn't mind reviewing
         | https://news.ycombinator.com/newsguidelines.html and taking the
         | intended spirit of the site more to heart, we'd be grateful.
        
       | 37ef_ced3 wrote:
       | The larger issue is that anyone using GitHub is donating their
       | work for re-use without attribution through Copilot.
       | 
       | In return, you receive hosting from GitHub.
       | 
       | The writing is on the wall. You MUST host your own code on a
       | stand-alone website.
       | 
       | Here is an example. This Go program (a compiler) generates and
       | serves its own website: https://NN-512.com
       | 
       | It runs on a Linode shared CPU cloud instance that costs $5 per
       | month: https://www.linode.com/pricing
       | 
       | Another example, look at what Fabrice Bellard does:
       | https://bellard.org
        
         | phendrenad2 wrote:
         | That "issue" is unrelated. You've just hijacked the thread to
         | talk about it.
         | 
         | Also the point you're making is controversial, and definitely
         | isn't widely agreed on. As a human, I can read public code on
         | Github, and use my internal neural network (brain) to
         | regurgitate sections of code, and don't need to attribute
         | anyone (who can say which codebase I'm recalling code from? I
         | certainly can't). So a neural network doing the same thing, but
         | external to a human, is certainly questionanble, but it isn't a
         | cut-and-dry case of copying without attribution.
        
           | Zababa wrote:
           | You're making a false equivalence between copilot and a human
           | brain. Neural networks are programs, programs don't have the
           | same rights as humans. Implying the opposite is even more
           | controversial than saying that copilot should respect
           | licenses.
           | 
           | Also, humans sometimes have limitations on what code they
           | should have seen. It's common in the emulator community to
           | forbid anyone that has seen proprietary code from working on
           | black-box implementations to avoid legal issues.
        
           | 37ef_ced3 wrote:
           | "Unrelated"?
           | 
           | Microsoft's automated violation of "no use without
           | attribution" licenses?
           | 
           | You can't see the connection?
           | 
           | Please. Surely it's obvious to everyone but you.
        
             | [deleted]
        
         | coliveira wrote:
         | This is a feature in fossil since the beginning. And fossil is
         | good enough to be used by sqlite, it could be used by other
         | projects.
        
         | CyberShadow wrote:
         | > Here is an example. This Go program (a compiler) generates
         | and serves its own website: https://NN-512.com
         | 
         | Not a very good one - clicking the link produces a download
         | dialog on Firefox (I'm guessing because the website neglects to
         | indicate a Content-Type).
         | 
         | Ironically this is an argument against trying to do everything
         | yourself - you might waste time chasing the long tail of
         | thousands of little details that had been solved many times
         | over elsewhere.
        
           | forgotpwd16 wrote:
           | >clicking the link produces a download dialog on Firefox
           | 
           | Works fine for me (v90/Linux).
        
           | y4mi wrote:
           | It does work with Firefox on my end...
           | 
           | Also hosting it yourself doesn't mean that you do everything
           | yourself.
           | 
           | It would definitely spawn build plugins that do most of what
           | you need if this practice actually establishes itself.
        
           | 37ef_ced3 wrote:
           | It works for everyone except you. The Content-Type is right
           | there, in the header.
           | 
           | Coincidentally, you seem to have an issue with everything I
           | said.
           | 
           | You defend Microsoft, here and in other parts of this thread,
           | as they sell the work of open source authors without
           | attribution and in violation of explicit license statements
           | in the code.
           | 
           | Are you employed by Microsoft?
        
             | CyberShadow wrote:
             | > It works for everyone except you. The Content-Type is
             | right there, in the header.
             | 
             | I don't know what to tell you. It's not there.
             | 
             | https://dump.cy.md/9b2a31fa5184397159fe42a85c197242/1640447
             | 6...
             | 
             | It is there if I check with cURL, though.
             | 
             | Edit: looks like this bug is triggered by the absence of
             | Accept-Encoding in the request. When the server compresses
             | the response, it neglects to include the Content-Type of
             | the compressed content.
             | 
             | > You defend Microsoft, here and in other parts of this
             | thread, as they sell the work of open source authors
             | without attribution and in violation of explicit license
             | statements in the code.
             | 
             | I did no such thing. Please stop.
        
               | 37ef_ced3 wrote:
               | So, would you please acknowledge here that you are a
               | Microsoft employee?
        
               | CyberShadow wrote:
               | I am not, and have never been a Microsoft employee.
               | 
               | You can search online for my name / username to find my
               | open-source contribution history, if you would like.
               | 
               | I hope that sufficiently answers your query.
        
               | 37ef_ced3 wrote:
               | Microsoft investor, then.
               | 
               | You own MSFT shares directly (not through an index fund).
               | 
               | Please acknowledge it here.
        
               | CyberShadow wrote:
               | I own zero shares of anything directly or indirectly.
        
               | 37ef_ced3 wrote:
               | Big fan of Copilot, then?
        
               | CyberShadow wrote:
               | No. I am not in the program nor requested access.
               | 
               | This is my last reply in this subthread; feel free to
               | assume the same answer for all questions along the same
               | line.
               | 
               | I also invite you to review the HN comment guidelines:
               | https://news.ycombinator.com/newsguidelines.html
        
               | workOrNah wrote:
               | you just keep digging your own grave lol
        
         | wellthisisgreat wrote:
         | Is the copilot thing true for paid accounts as well?
        
           | judge2020 wrote:
           | All public repos were included in the dataset.
        
           | wongarsu wrote:
           | afaik copilot is trained on all public repositories.
           | Paid/free doesn't play into it
        
         | judge2020 wrote:
         | If you treat copilot like a human, and you ask it a question (
         | like "#find median of list") that human either (A) will put
         | together all the things they've learned over thousands of hours
         | of simply looking at code in the programming language and how
         | the syntax works, then provide a new code block, or (B)
         | remember "oh, I remember this extract string of text and what
         | comes after it. Here's the next 10 lines from that snippet". In
         | that B scenario, would the human be infringing on the
         | original's copyright? Arguably yes; but is situation (A) also
         | copyright infringement, or is it like getting code help from a
         | friend?
         | 
         | In these situations, whether it be originating from a human or
         | robot, the knowledge comes from looking at public code on
         | GitHub and it's always been a risk that your public code might
         | not be used with proper attribution at some point. Think about
         | how many OSS projects have core code and algorithms copied
         | daily by companies with no public name and keep all of their
         | source code private - it's surely caused more damage than
         | CoPilot ever will.
        
           | chongli wrote:
           | As a human, if you memorize a book word-for-word and later
           | reproduce whole passages of the book in your own writing then
           | that is considered plagiarism and copyright infringement. It
           | does not matter that you stored it in your human memory
           | before reproducing it.
           | 
           | The test to use is to imagine you're writing an essay in
           | college. If your essay contains unattributed passages from
           | another work then the professor will not care that you
           | memorized them rather than just copying and pasting the text.
           | In order to be in the clear you need to properly quote and
           | cite the original author.
           | 
           | GitHub copilot does not provide attribution. All it does is
           | obfuscate the original source to make attribution impossible.
           | Copyright lawyers ought to have a field day with this one.
        
           | fault1 wrote:
           | I think the answer is: we don't know the copyright
           | consequences of copilot yet. It's certainly a legal gray
           | area, and it has not been challenged in court yet.
           | 
           | There are quite a few companies where copilot and copoilot-
           | like technologies seem radioactive at least for the moment.
        
           | pbhjpbhj wrote:
           | _the following is my personal opinion, unrelated to my work_
           | 
           | >In that B scenario, would the human be infringing on the
           | original's copyright? //
           | 
           | Depends on jurisdiction but in general I'd say no as quoting,
           | particularly an insubstantial portion, is allowed (certainly
           | under USA Fair Use, possibly under UK Fair Dealing).
           | 
           | However, and again depends on jurisdiction, copying a whole
           | work to use for AI training or searching can be restricted
           | (though it's on the GitHub license in this case). The snippet
           | might be allowed but copying into a training corpus may be
           | excluded (I think UK have an exception for AI training, but I
           | may have misremembered, it might be a suggestion??).
        
         | echelon wrote:
         | I'm including licensing notices in several of my private
         | repositories to prevent inclusion in ML training data sets.
         | 
         | I might put this in my public ones as well.
        
         | 999900000999 wrote:
         | To be honest, can't humans go through various open source
         | repositories and copy the bits they like?
         | 
         | If you don't like that,don't release your code as open source.
         | I'm not going to host my open source projects on my own
         | website. That's just hard, it's much more difficult to get
         | people to check it out if it's on Broblog.net
         | 
         | I personally don't believe extremely short code snippets, like
         | the ones copilot tends to copy are problematic.
        
           | nerdponx wrote:
           | This is the same fallacy behind the argument that we
           | shouldn't care about privacy, because it's always been
           | possible to track and surveil individuals.
        
             | 999900000999 wrote:
             | Do you want to write open source software or not?
             | 
             | Here.
             | 
             | def add( x, y): return x + y
             | 
             | I don't want to live in some dystopia where we have dozens
             | of lawyers deciding who owns that above code snippet. If
             | Amazon wants to use that snippet, fine, you can use it,
             | etc.
             | 
             | All Co Pilot does is optimize taking code snippets from
             | different sources.
        
               | nerdponx wrote:
               | I have no idea what point you are trying to make.
        
         | rustc wrote:
         | > The writing is on the wall. You MUST host your own code on a
         | stand-alone website.
         | 
         | How would self hosting your code prevent Microsoft/GitHub from
         | using it in the Copilot training dataset? If using content from
         | GitHub irrespective of their license to train Copilot is legal,
         | so is training from code available on your website.
        
           | nerdponx wrote:
           | It's a question of handing it over and giving them a ToS
           | shield to hide behind, versus making them work for it and
           | risking license violations "in the wild".
        
             | rustc wrote:
             | Does their ToS give them additional rights to the code
             | uploaded to GitHub? There are several unofficial copies of
             | projects like glibc [1] uploaded by people who definitely
             | do not have the authority to grant any additional rights to
             | the code.
             | 
             | [1]: https://github.com/bminor/glibc
        
           | 37ef_ced3 wrote:
           | Microsoft owns GitHub and you accept their terms of service.
           | 
           | Copilot is trained on public GitHub repositories of any
           | license:
           | https://en.m.wikipedia.org/wiki/GitHub_Copilot#Technology
           | 
           | If they scrape your website, that's different.
        
             | judge2020 wrote:
             | If it's legally sound to do that, then it's legally sound
             | to scrape code from Stack overflow as well. No special
             | license is granted to GitHub to train CoPilot; the hosting
             | license in the ToS[0] specifically doesn't allow its use
             | outside of GitHub itself[1], so i'd argue that applies to
             | running copilot in VSCode for code not destined for GitHub
             | - and i'm sure MS's lawyers reviewed such a product launch.
             | 
             | 0: https://docs.github.com/en/github/site-policy/github-
             | terms-o...
             | 
             | 1: > This license does not grant GitHub the right to ..
             | otherwise distribute or use Your Content outside of our
             | provision of the Service
        
           | jen20 wrote:
           | Because it isn't in compliance with the terms of many popular
           | licenses to create derivative works without attribution.
           | Therefore the only possible claim Microsoft have to do so is
           | via terms and conditions, which would not apply to code
           | hosted on a stand-alone website.
           | 
           | It might be time for popular licenses to update themselves
           | for this new-found threat.
        
             | defen wrote:
             | What happens when some random person uploads your code
             | (acquired from your website) to GitHub?
        
               | leephillips wrote:
               | It depends on how that code is licensed. Possibly the
               | random person gets served with a summons. Possibly
               | nothing.
        
               | jen20 wrote:
               | Well, that is what updating the license accomplishes.
               | 
               | I'd be interested to know if code subject to DCMA
               | takedown would be removed from the copilot training
               | set...
        
             | TedDoesntTalk wrote:
             | > it isn't in compliance with the terms of many popular
             | licenses to create derivative works without attribution
             | 
             | Did you click the link for this article? Did you see that
             | MS removed the author's name in the license header and
             | replaced it with their own?
        
               | jen20 wrote:
               | Yes?
        
             | dragonwriter wrote:
             | > Therefore the only possible claim Microsoft have to do so
             | is via terms and conditions
             | 
             | No, Microsoft's claim is _fair use_ , not _GitHub terms and
             | conditions_. You don 't have to speculate on what you think
             | their possible claims are, when they've publicly stated
             | their _actual_ claims.
        
         | marcodiego wrote:
         | > The larger issue is that anyone using Github is donating
         | their work for re-use without attribution through Copilot.
         | 
         | I think this can only be valid of Github's terms of use clearly
         | specify that or the chosen license allows it.
         | 
         | I actually see copilot benefiting GPL projects: suppose a
         | programmer uses copilot to develop a proprietary software and
         | copilot regurgitates GPL'ed code: now the proprietary software
         | is a derivative work and must be GPL'ed too.
        
           | anonymousab wrote:
           | Unless copilot serves as a legally effective "laundering" of
           | gpl code. Which sounds silly, but we're now in a situation
           | where that outcome is super desirable to GitHub/Microsoft.
           | 
           | Another potential outcome is that so many projects could now
           | end up unknowingly using gpl code that enforcement becomes an
           | impractical whack-a-mole, far more so than today. Being told
           | to rework or relicense your project because of copiloted gpl
           | code could easily end up with hobbyists wholesale begrudging
           | the gpl license rather than copilot itself.
        
             | fault1 wrote:
             | > Unless copilot serves as a legally effective "laundering"
             | of gpl code.
             | 
             | It's quite interesting how it seems to have come full
             | circle, at least according to this stackoverflow comment
             | about Stallman releasing a paper in 1992 on how to
             | effectively launder AT&T code via textual changes (I have
             | no idea if he did, I just remembered the comment):
             | https://unix.stackexchange.com/a/591221
        
         | nerdponx wrote:
         | "Not Github" is also a good place to start.
         | 
         | I am a happy Sourcehut customer. Roughly the same cost as a
         | VPS, but comes with tech support.
        
         | smorgusofborg wrote:
         | How does your license prevent someone redistributing source
         | code over GitHub? What does copilot claim as far as licensing
         | rights beyond fair use?
         | 
         | You may be practically limiting copilots use of your code but I
         | don't see any licensing difference if Microsoft hosts Copyright
         | code or scrapes copyright code.
        
           | [deleted]
        
         | kstrauser wrote:
         | The following is pure conjecture with zero evidence:
         | 
         | I think that's on purpose, not to "steal" code from GPL'ed
         | softwares' authors, but to get GPL'ed code into commercial
         | projects. Then Microsoft can say "oops, we were right all
         | along! The GPL is so dangerously viral that you can't even host
         | your software on the same server!"
         | 
         | I know that sounds stupid, unless you were there for the
         | Halloween Documents. After all these years, it seems to me that
         | Microsoft hasn't done the 180 they portray.
        
         | petilon wrote:
         | Anyone who puts anything on the web is at the same risk. For
         | example, ask Google how old Queen Elizabeth is [1]. Google
         | tells you the answer in a big font at the top of the result
         | page. Google sourced the answer apparently from usnews.com but
         | you didn't even have to click the usnews link. Google "took"
         | the answer from them and deprived that website of a click.
         | 
         | So yeah, you are donating your work to Google when you put it
         | on a publicly accessible web site.
         | 
         | [1] https://www.google.com/search?q=how+old+is+queen+elizabeth
        
           | fault1 wrote:
           | isn't that covered under a fair use 'right to quote'?
           | https://en.wikipedia.org/wiki/Right_to_quote
        
             | petilon wrote:
             | If all of the useful information in a web page is mined and
             | given away by a third party in an automated fashion, such
             | that the copyright holder is deprived of revenue, then
             | that's not the intention of 'right to quote'.
        
               | fault1 wrote:
               | I'm pretty sure Google pays these types of content
               | publishers (like Reuters) very handsomely. In this case,
               | the content distributor (USNews) also went out of their
               | way to SEO their site with microdata[1], so I'm going to
               | guess a lot of their inbound traffic also comes from
               | Google searches.
               | 
               | [1] https://developer.mozilla.org/en-
               | US/docs/Web/HTML/Microdata
        
         | peter_retief wrote:
         | This seems to be the new reality. Sad we get fooled over and
         | over by the same companies.
        
           | coliveira wrote:
           | I have good memory. I always stood one mile from anything
           | that MS does. The new generation that is easily scammed by
           | flashy stuff like VS code is in for a treat.
        
         | dragonwriter wrote:
         | > The writing is on the wall. You MUST host your own code on a
         | stand-alone website.
         | 
         | Even if Microsoft currently only uses GitHub-hosted code as an
         | input to Copilot, their theory of the legality does not depend
         | on code being hosted there and applies to any code they can get
         | their hands on. The idea that hosting code publicly at some
         | non-GitHub location is going to keep it out of Copilot is not
         | well justified.
        
         | emilengler wrote:
         | > The larger issue is that anyone using GitHub is donating
         | their work for re-use without attribution through Copilot.
         | 
         | Wrong. Lets say a GPL project is not hosted on GitHub
         | officially. I can easily setup a mirror for it though on GitHub
         | as the GPL doesn't prevent me from doing it...
         | 
         | Point is that anyone can put my work on GitHub, even if I don't
         | want to.Assuming the project is under a free license though.
        
           | leephillips wrote:
           | How does that make what 37ef_ced3 said wrong? I'm not
           | following your logic.
        
             | emilengler wrote:
             | > The writing is on the wall. You MUST host your own code
             | on a stand-alone website.
             | 
             | Because this does not prevent having the code to land on
             | GitHub at the of the day assuming it is published under a
             | free license.
             | 
             | Now it depends on how you interpret the "MUST". My logic
             | only makes sense if you consider it to a dogmatic-like
             | prevention.
        
               | leephillips wrote:
               | The statement you tagged as "wrong" was:
               | 
               | > The larger issue is that anyone using GitHub is
               | donating their work for re-use without attribution
               | through Copilot.
               | 
               | Why is this wrong?
        
               | dragonwriter wrote:
               | It is wrong as a specific statement about GitHub, because
               | regardless of current practice, the legal theory for
               | Copilot applies to any code anywhere, so anything that is
               | publicly accessible would involve the same risk. It's not
               | dependent on use of GitHub even if Microsoft has
               | initially started their because it's easier for them.
        
               | leephillips wrote:
               | So this sense of "wrong" is similar to "correct".
               | 
               | Also, I don't see how this is true. Code on my website is
               | publicly accessible, but not in the public domain, nor
               | licensed for re-use, unless I say that it is.
        
               | dragonwriter wrote:
               | Licensing matters for things that would be forbidden
               | without permission by copyright law. Fair use is an
               | exception to copyright law. Microsoft's explicit legal
               | theory around Copilot is that ingesting code for it (and
               | ingesting content to train ML models more generally) is
               | fair use. If there theory is correct, license is
               | irrelevant, there is no legal (at least copyright-based)
               | barrier to them using any source code they can get their
               | hands on to train Copilot.
        
           | 37ef_ced3 wrote:
           | Yes, you can "donate" someone else's code, knowing Microsoft
           | will violate a use-with-attribution license.
           | 
           | You can do it, but it's WRONG.
           | 
           | Copilot is trained on public GitHub repositories of any
           | license:
           | https://en.m.wikipedia.org/wiki/GitHub_Copilot#Technology
           | 
           | We must all stop using GitHub.
        
             | edoceo wrote:
             | My team has code, MIT and GPL, on GitHub. We know the risk
             | of this kind of theft. We remain on GitHub for the
             | discoverability. It's not so absolute.
        
             | _0ffh wrote:
             | I wonder what kind of language you would need to add to
             | your license in order to explicitly forbid the ingestion of
             | your code by Copilot and/or like projects.
        
               | ghoward wrote:
               | IANAL, but I have written licenses for that purpose. [1]
               | (I'm trying to get them reviewed by a lawyer, but can't
               | afford to; maybe I'll do a GoFundMe.)
               | 
               | What I did is say that if you feed copyrighted software
               | to an algorithm that itself outputs software, then the
               | license applies to the output. This covers the output of
               | compilers and such, but it would also cover Copilot in my
               | opinion. We'll see what a lawyer says.
               | 
               | However, even with a license, I wouldn't doubt that
               | Microsoft would just put it through GitHub anyway because
               | finding them out would be extraordinarily hard.
               | 
               | [1]: https://yzena.com/licenses/
        
               | xigoi wrote:
               | The "Yzena Copyleft License" states that it's a copyleft
               | license, but it also states that it's not a viral
               | license. According to Wikipedia, a viral license and a
               | copyleft license are the same thing.
        
               | ghoward wrote:
               | Wikipedia is not the best source of information.
               | 
               | There is a difference between "strong" copyleft and
               | "weak" copyleft. An example of "weak" (non-viral)
               | copyleft is the CDDL. In fact, the CDDL's Wikipedia page
               | talks about strong and weak copyleft.
               | 
               | You can read [1] for a breakdown of copyleft by an actual
               | lawyer. Suffice it to say that Wikipedia's Copyleft page
               | is woefully inadequate.
               | 
               | [1]: https://writing.kemitchell.com/2018/10/24/How-to-
               | Speak-Copyl...
        
               | dragonwriter wrote:
               | > I wonder what kind of language you would need to add to
               | your license in order to explicitly forbid the ingestion
               | of your code by Copilot and/or like projects.
               | 
               | If Microsoft's theory is correct, under US law it is
               | impossible to forbid this with a license, because a
               | license is just an offer of additional permissions beyond
               | what is available automatically under law, and
               | Microsoft's theory is that ingesting code into GitHub is
               | fair use and therefore permitted under law as an
               | exception to copyright without any license from the
               | copyright owner.
               | 
               | If Microsoft's theory is not correct, pretty much any
               | license with an attribution requirement (among others,
               | for other reasons) would work.
               | 
               | The idea that a _special_ license is needed or of any use
               | doesn 't seem to have any justification, even in theory.
               | (As is the idea that hosting publicly but not on GitHub
               | changes the legal parameters.)
        
               | ghoward wrote:
               | You are correct.
               | 
               | I just want to say that I believe the fair use argument
               | only applies for _training_ , but not for distribution. I
               | make the case for that in [1].
               | 
               | [1]: https://gavinhoward.com/uploads/copilot.pdf
        
               | Zababa wrote:
               | There's a part that I don't understand. If some software
               | is mirrored on github by someone that isn't the copyright
               | owner, it seems like github shouldn't be able to use it.
               | Yet they said nothing about that specifically. In that
               | case, is the only option to put code somewhere else than
               | github under a license that forbids reuploading to
               | github, and issue DMCAs when/if people reupload your
               | code? It also sounds like when code is removed through
               | DMCA, it should be removed from the training set and they
               | should retrain copilot.
        
               | dragonwriter wrote:
               | > If some software is mirrored on github by someone that
               | isn't the copyright owner, it seems like github shouldn't
               | be able to use it.
               | 
               | If they don't need permission from the copyright owner,
               | either via license of GitHub T&C, because it's fair use,
               | which is their overt legal theory, then why would it
               | matter legally whether the code was posted to GitHub _at
               | all_ , much less _by whom_? Ingesting only code form
               | GitHub is a practical convenience that has nothing to do
               | with their legal theory of the right to do it.
               | 
               | > Yet they said nothing about that specifically
               | 
               | Their theory of fair use means they have the right to
               | ingest any code, irrespective of who owns it and what
               | conditions (if any) it is licensed under or where (or
               | even if) it is hosted online. They don't need a separate
               | justification for your scenario if the theory they've
               | cited is correct.
               | 
               | > In that case, is the only option to put code somewhere
               | else than github under a license that forbids reuploading
               | to github, and issue DMCAs when/if people reupload your
               | code
               | 
               | Nope, that doesn't help at all, legally; it may help
               | practically as long as they are just using GitHub hosted
               | code and not consuming code from other public hosting
               | platforms, but it has no bearing on their legal theory of
               | why they _can_ ingest code without additional
               | permissions.
        
       | rangoon626 wrote:
       | Tasteless actions from a tasteless company.
        
       | phendrenad2 wrote:
       | Seems like it's probably a mistake, did you try to contact them?
       | https://opensource.microsoft.com/
       | https://twitter.com/OpenAtMicrosoft
        
         | notquitehuman wrote:
         | Contacting Microsoft is always a mistake. They don't want to
         | hear from anyone and their process reflects this.
        
           | phendrenad2 wrote:
           | 1) What's your source for that assertion
           | 
           | 2) Assuming it's even true, what should this person do
           | instead?
           | 
           | 3) What do you think the outcome would be if this person did
           | contact Microsoft? Since it's a mistake, I assume something
           | bad?
        
             | kelnos wrote:
             | > _Assuming it 's even true, what should this person do
             | instead?_
             | 
             | Since this is copyright infringement, the copyright holder
             | could file a DMCA takedown notice.
        
         | ognarb wrote:
         | A 'mistake' they are actually doing since a long time now. Here
         | is the cups equivalent with a license change from apache to mit
         | for the CUPS system.
         | 
         | https://github.com/microsoft/cups/commit/ad69bcc78bdea3fea3f...
        
           | phendrenad2 wrote:
           | Why the scare quotes around mistake? Are you implying that
           | it's intentional? Or negligence? It seems like nobody noticed
           | the CUPS license change until now, so it's irrelevant, right?
        
             | dapids wrote:
             | Because it was done intentionally by an employed individual
             | in this case rather than a bot. You cannot in good
             | conscious as an individual make this "mistake" without
             | knowing or acting maliciously unless you are incompetent to
             | begin with. Seems like a growing trend at MS. And I'll
             | remind you that Apple actually uses CUPS for their print
             | backend and funds it directly, they retain the original
             | license and support the project, meanwhile MS takes it,
             | doesn't contribute and acts like it's their own, sick.
             | 
             | https://github.com/microsoft/cups/commit/8100595a3a3a6d5c7d
             | 0...
        
             | Strom wrote:
             | How is it not intentional? To me it seems very clear that
             | someone designed this bot to specifically alter the LICENSE
             | file so that it matches some sort of predefind Microsoft
             | file.
             | 
             |  _Edit:_ To give a bit more nuance, I would guess that the
             | actual bot changing the LICENSE files is not a mistake, but
             | working as intended. What could, however, be a mistake is
             | thinking that licenses can be legally overwritten. It
             | wouldn 't be a "rogue engineer" kind of mistake. Certainly
             | several people at Microsoft have signed off on this.
        
               | colejohnson66 wrote:
               | Because a bot like this could never used on internal
               | libraries that are about to be open sourced?
        
               | formerly_proven wrote:
               | https://github.com/microsoft/cups/commit/8100595a3a3a6d5c
               | 7d0...
               | 
               | That's not a bot.
        
               | Strom wrote:
               | I'm sure it could be used, however that would probably be
               | a similar problem. Microsoft has internal libraries with
               | all sorts of licenses. Replacing the actual licenses with
               | a template wouldn't be the correct move there either.
        
       | jesprenj wrote:
       | Oops, a bot just removed bandwidth limits for Windows source code
       | on a bittorrent seedbox.
        
       | naves wrote:
       | Yeah, everyone has a second chance but Microsoft has had n-th
       | chances.
       | 
       | Make no mistake, gravity will always pull MS towards their
       | default behavior. Just wait for VS Code becoming a subscription-
       | based product.
       | 
       | Yes, there will always be a community maintained project. But it
       | will not be MS Certified...
        
       | readbeard wrote:
       | There is a rampant practice where companies and organizations
       | flippantly and often fraudulently stamp copyright notices on
       | everything they touch--including public domain materials such as
       | the U.S. Constitution, works of William Shakespeare, prints of
       | the Mona Lisa, copies of the 9/11 Commission Report, and
       | compositions of J.S. Bach. [0]
       | 
       | It seems Microsoft has now automated this practice.
       | 
       | [0] http://www.copyfraud.com
       | 
       | Edit: It's easy to jump the gun and start accusing Microsoft of
       | something nefarious here. To be clear, I'm personally giving
       | Microsoft the benefit of the doubt and assuming that this was an
       | honest mistake, and that the folks at Microsoft who had something
       | to do with setting this up were well-meaning.
       | 
       | My point is that we're living in a culture that, as a standard
       | practice, sprinkles "(c) [year] [company]" on things like salt,
       | that such claims are frequently invalid or misleading, and that
       | this broader issue may be partly to blame for incidents like the
       | one we are discussing today.
        
       | darepublic wrote:
       | Did the original author agree to give their project over to
       | Microsoft?
        
       | zach_garwood wrote:
       | I didn't think code was copyrightable in the first place.
        
         | shp0ngle wrote:
         | This might be true about trivial pieces of code, which this one
         | is not
        
         | dpratt wrote:
         | Any work, no matter how trivial, is eligible for copyright as
         | long as it is an original artifact with a distinct identity.
        
           | throwaway858 wrote:
           | Copyright laws vary wildly across countries and jurisdictions
        
             | tzs wrote:
             | ...but aside from Eritrea, Ethiopia, Iran, Iraq, Marshall
             | Islands, Nauru, Palau, Somalia, and South Sudan everyone is
             | part of one or more (usually more) international treaties
             | that cover copyright such as the Berne Convention or TRIPS
             | or UCC, so you should expect in most places that most
             | people on HN are likely to ever deal with have copyright
             | law that isn't too different for the most common
             | situations.
        
           | emilfihlman wrote:
           | Not true,                   u64 add26562(u64 value)         {
           | return(value+26562);         }
           | 
           | is not copyrightable.
        
             | anonymousab wrote:
             | If that function always returned, say, the AACS key then it
             | would likely be violating copyright in the US. Regardless
             | of whether it was the result of a computation or statically
             | defined.
        
               | emilfihlman wrote:
               | I'll press x on that.
               | 
               | https://en.wikipedia.org/wiki/AACS_encryption_key_controv
               | ers...
        
       | hirundo wrote:
       | They changed the copyright holder on this fork, but left the MIT
       | license in place. How does this harm anyone?
        
         | thesuperbigfrog wrote:
         | >> They changed the copyright holder on this fork, but left the
         | MIT license in place. How does this harm anyone?
         | 
         | Here you go:
         | 
         | https://github.com/microsoft/TypeScript
         | 
         | Just fork TypeScript, change the copyright holder to yourself,
         | and do what you want with it. I sure Microsoft won't mind.
        
         | precommunicator wrote:
         | It violates the license that specifically says (IANAL):
         | 
         | > The above copyright notice and this permission notice shall
         | be included in all copies or substantial portions of the
         | Software.
        
         | bayindirh wrote:
         | It looks like Microsoft developed this all along. Yes, git
         | keeps history, but it's unethical and ugly to begin with.
         | 
         | Also, I'm not sure you can just change the copyright
         | information, and change the history of the code like that.
         | 
         | However, this is typical of Microsoft. Like DOS, like Windows
         | App Store / Packaging ripoff (they asked the guy some
         | questions, sherlocked his software, even didn't thank him
         | later), etc.
        
         | shp0ngle wrote:
         | that's still breaking the license
        
           | arbitrage wrote:
           | so take them to court.
        
             | anonymousab wrote:
             | A supercorp will have far more resources to succeed in
             | courts than an individual person, such that the courts are
             | not a fair avenue for resolving disputes. The court of
             | public opinion is, unfortunately, far more accessible to
             | the individual.
        
               | fault1 wrote:
               | That being said, if someone were to sue Microsoft over
               | this (they would have to be the original copyright
               | holder), I think it's more likely Microsoft would try and
               | settle out of court.
        
         | kube-system wrote:
         | They copied a copyrighted work in a way that was not permitted
         | by the copyright holder.
        
         | MattPalmer1086 wrote:
         | You can't own something by just saying you do!
         | 
         | Only the copyright owner can license the work to others, or
         | issue under a different license if they like.
        
       | h2odragon wrote:
       | The repo page still has:
       | 
       | > This repo has been populated by an initial template to help get
       | you started. Please make sure to update the content to build a
       | great experience for community-building.
       | 
       | Perhaps this is "updating content"?
        
       | Hello71 wrote:
       | is it possible that microsoft bought the rights to the software
        
         | [deleted]
        
         | kaladin-jasnah wrote:
         | This comment shows they've done it to other pieces of software,
         | including things like... CUPS:
         | https://news.ycombinator.com/item?id=29684567
         | 
         | For some reason I doubt they've bought the copyright to CUPS.
        
         | mkdirp wrote:
         | The original copyright holder claims on reddit[0] that it was
         | forked, and there doesn't seem to be any implication of buying
         | the rights to the software.
         | 
         | [0]
         | https://www.reddit.com/r/opensource/comments/roa9xz/microsof...
        
           | SloopJon wrote:
           | That Reddit thread is a better source link for this
           | submission.
        
       | ThinkBeat wrote:
       | Makes me wonder if Microsoft GitHub should not make it a more
       | specific action to relicense a repo.
       | 
       | That would solve any ambiguities around the script Microsoft
       | wrote.
       | 
       | "Are you sure you want to change the license?" Yes / No.
       | 
       | Perhaps a specific API call when you are doing it with a script.
        
       | CyberShadow wrote:
       | The account which did the change has this description:
       | 
       | > This is the open source management service account used for
       | performing key GitHub operations on behalf of Microsoft employees
       | and users.
       | 
       | Combined with the nonsense README change, this looks like a bot
       | mis-use accident.
       | 
       | Edit: to clarify, in no way am I saying that this is a "honest
       | mistake" which does not deserve scrutiny.
        
         | shp0ngle wrote:
         | This is very obviously a mistake and I don't know how can
         | anyone assume otherwise.
        
           | colejohnson66 wrote:
           | Because "Microsoft Bad". When a company gets big enough,
           | there will always be a portion of the population you can
           | never please, and Microsoft reached that size a long time
           | ago.
        
             | fartcannon wrote:
             | It's got nothing to do with their size but the 40 years
             | (thus far) of doing aggressively bad shit.
        
             | toxik wrote:
             | Microsoft has a long and dark history. I think you're
             | brushing aside the real contention.
             | 
             | People who were around before MS decided to open-source-
             | wash their brand KNOW what Microsoft's DNA is. They had a
             | literal playbook to crush Linux.
        
               | tiahura wrote:
               | " Microsoft has a long and dark history."
               | 
               | The KKK has a long and dark history. MS is a business
               | that at times has had slightly sharper business practices
               | than _some_ of its competition.
        
               | colejohnson66 wrote:
               | From _twenty year ago_. You say it's in their DNA, but
               | I'll bet that the majority of people there now were not
               | there 20 years ago. Old habits die hard, yes, but they do
               | die.
               | 
               | Microsoft has committed to open source. Maybe it's self
               | fulfilling reasons, but that doesn't mean we should brush
               | it off. If some higher up decided to go open source for
               | PR reasons, who cares? We should be embracing it.
               | Shunning it will just make other companies think twice
               | about open sourcing.
               | 
               | Also, this was done by a bot. Microsoft is big enough to
               | have their own in-house council, and I can't imagine them
               | being stupid enough to risk everything over a copyright
               | lawsuit with evidence like this that the whole world can
               | see.
        
               | sofixa wrote:
               | Microsoft might have committed to open source for
               | business reasons, to an extent ( see the recent .NET
               | debacles), but they're still the same monopolist-abusing
               | and anti-competitive company ( see the recent Edge
               | debacles). They're an inherently _bad_ and _evil_
               | company, and even though they seemed to be improving,
               | they 've gone back to old tactics rather quickly.
        
               | denton-scratch wrote:
               | > Microsoft has committed to open source.
               | 
               | They may have "committed" to open source (I think
               | "committed" may be the wrong word there), but they never
               | stopped hating free software.
        
           | sofixa wrote:
           | Because it's a very stupid mistake. I have a hard time
           | believing someone developed a bot to deal with repo
           | normalisation on GitHub that doesn't know how GitHub
           | functions, what forks are, and that you can't just change the
           | LICENSE with a file of your own. I don't necessarily think it
           | was done on purpose to steal copyrighted content ( that'd be
           | too stupid even for Microsoft), but it's a weird mistake to
           | make.
        
         | kenjackson wrote:
         | No judgment from me since I suspect it is also an accident and
         | I've made enough in my life that I don't get super judgy in
         | most cases. But what purpose is there for a bot that forks and
         | makes changes like adding template files? Copyright aside, I
         | don't understand the value of this bot.
        
           | CyberShadow wrote:
           | If I were to guess, it would be that the action performed
           | here (or the basis of the code implementing this action) was
           | intended to be done on internal Microsoft repositories that
           | should be open-sourced.
        
         | coliveira wrote:
         | I would't call a honest mistake some bot that is created to
         | change code to a MS license. First of all, this kind of thing
         | needs to be done after careful review, if they're doing it in
         | an automated fashion there is almost the certainty that they'll
         | take somebody else's work as their own.
        
         | matt123456789 wrote:
         | Ok, but this is still illegal, right?
        
           | judge2020 wrote:
           | Since MIT has this line:
           | 
           | > The above copyright notice and this permission notice shall
           | be included in all copies or substantial portions of the
           | Software.
           | 
           | MS would be in the wrong to redistribute this code without
           | the notice that includes '(c) 2020 LesnyRumcajs' - however,
           | just changing the line doesn't constitute copyright
           | infringement or fraud if MS reverses the change and/or simply
           | appends the original MIT license above their MIT license
           | (since MS does indeed have '5 commits ahead' of the origin
           | repo, all of those changes are copyright MS but still MIT
           | licensed). They could even simply have a file called
           | 'LICENSE2' with the original notice, if they can't easily
           | exclude this repo from the bot.
        
             | webmaven wrote:
             | _> MS would be in the wrong to redistribute this code
             | without the notice that includes  '(c) 2020 LesnyRumcajs' -
             | however, just changing the line doesn't constitute
             | copyright infringement or fraud _
             | 
             | Given that this change was committed to the main branch, if
             | I download the code right now, haven't Microsoft
             | redistributed it?
        
               | phendrenad2 wrote:
               | Things get philosophical rather quickly I'm afraid. If I
               | misconfigure an FTP server, and you download some MIT
               | code that I stripped the copyrights from, does that count
               | as redistribution?
        
               | sicromoft wrote:
               | [deleted]
        
               | colejohnson66 wrote:
               | No. If you hack into my company and siphon out an EXE for
               | an internal tool that uses GPL licensed code, you are
               | _not_ entitled to the source code of the package because
               | the company did not "distribute" it to you; you took it
               | without any right to have it.
               | 
               | There's a whole philosophical debate we can have where we
               | quibble over the definitions of words as they deal with
               | technology, but the (US) courts generally don't care
               | about technicalities. An analogy is stolen property. If
               | you purchase something that is stolen property, you have
               | (almost) no legal right to it; the courts will often
               | order its seizure for return to the original owner. By
               | "hacking" (according to the CFAA), you "stole" the EXE.
        
               | NeutronStar wrote:
        
               | erinnh wrote:
               | I would say that it isnt, because you had no intent to
               | redistribute it.
               | 
               | But you cant make that argument here, as its a public
               | repo, as such Microsoft did have the intent to
               | redistribute.
        
               | [deleted]
        
               | joshmanders wrote:
               | But wouldn't this case fall under the same?
               | 
               | Your argument is that a misconfigured FTP server isn't
               | intent to distribute.
               | 
               | What if this was a misconfigured fork that was meant to
               | be private but was set public? Not intent to distribute
               | either.
        
               | albedoa wrote:
               | Those two things are far more similar to each other than
               | to a public repo whose intent is to redistribute. So no,
               | this case is not the same as either a misconfigured FTP
               | server or a misconfigured repo.
        
               | cute_boi wrote:
               | Yes, it counts as distribution. Why you would even
               | stripped copyrights form?
        
             | 0x0 wrote:
             | The "5 commits ahead" are literally only replacing the
             | license and the readmes.
        
               | pitched wrote:
               | So the only part of the repo that is legitimately
               | copyrighted by Microsoft is the Microsoft copyright
               | notice? I love how meta this is.
        
             | matt123456789 wrote:
             | I see. Thank you for the explanation.
        
           | hnfong wrote:
           | Yes, people make mistakes. Sometimes, mistakes turn out to be
           | illegal.
           | 
           | But if you're one of the largest corporations in USA, the law
           | tends to go easy on you for making accidental mistakes.
        
         | gizdan wrote:
         | Which is fine, and surely an honest mistake. Automation is
         | great, but the way I see it is, how many other projects have
         | been forked and automatically re-licensed, and then profited
         | from without proper attribution? An accident still needs to be
         | flagged, and still needs to be corrected. They also need to be
         | learned from and avoided in the future.
        
           | xyproto wrote:
           | Attribution is nice, but for it to be a requirement, it needs
           | to either be specified in the license or be plain old
           | copyright.
        
             | wongarsu wrote:
             | The license clearly states
             | 
             | > Permission is hereby granted [...] subject to the
             | following conditions:
             | 
             | > The above copyright notice and this permission notice
             | shall be included in all copies or substantial portions of
             | the Software.
             | 
             | Changing the name in the copyright is a clear license
             | violation.
        
           | CyberShadow wrote:
           | > An accident still needs to be flagged, and still needs to
           | be corrected.
           | 
           | Yes. Additionally, the way such actions are performed is not
           | great because the mechanism used does not provide any way to
           | provide feedback - if the change was done by a user account,
           | then they would have received notifications about the
           | comments posted under the commit, but the ones received by
           | the service account probably go nowhere.
        
       | niros_valtos wrote:
       | Can it be identified only in a PR or is there any tool that can
       | search through all forks? Maybe it's too small problem to solve
       | though.
        
       | jhawk28 wrote:
       | Probably just a setting in someone's IDE or a bot that they
       | didn't understand what it was doing.
        
       | fiatjaf wrote:
       | So you can't do that? I do it all the time when I fork something.
        
         | ozim wrote:
         | Hey if anyone considering down voting this guy - it is
         | important question as a lot of people might not understand
         | those things.
         | 
         | I see it as a honest question.
         | 
         | Instead of voting down, vote up so more people can read replies
         | and see that it is not something that should be done.
        
         | onei wrote:
         | You (or possibly your employer) own the copyright to the code
         | you produce. And you are fine to say something like "copyright
         | $me $yearIMadeACommit". What you can't do is claim copyright on
         | work you did not produce or remove existing copyright notices.
        
         | kube-system wrote:
         | Free or open source licenses aren't a lack of copyright. They
         | are an exercise of copyright. All of that code that you didn't
         | write is still copyrighted by their original authors. You
         | simply have permission to use it under the criteria outlined in
         | the license.
        
         | [deleted]
        
         | [deleted]
        
         | ignoramous wrote:
         | One can _add_ their copyrights, relicense in some cases, but
         | absolutely cannot remove existing copyrights. I don 't think
         | any FOSS license (save for the "public domain" ones) allow for
         | that.
        
         | zenexer wrote:
         | Correct. You don't own the code just because you forked it. The
         | original copyright holders retain ownership, and you must abide
         | by their license. You can't swap out the license unless they
         | explicitly allow you to do so.
        
           | gortok wrote:
           | That's not true. You can change the license if the license
           | allows you to. It's copyright you can't change unless the
           | author assigns the copyright to you.
        
             | soheil wrote:
             | This comment highlights the ignorance of a lot of people in
             | this thread jumping to conclusion and view MS instantly as
             | an aggressor and themselves as victims of the obvious and
             | horrible crime of copyright infringement.
             | 
             | A) Do you know it was not an honest mistake?
             | 
             | B) Why a complete understanding of esoteric legal copyright
             | laws created by non-programmers all of a sudden so
             | important to a mainly programmer HN audience?
        
               | bogwog wrote:
               | Are you joking? Programming is all about intellectual
               | property. A complete understanding of copyright laws is
               | important for anyone in the tech industry.
        
               | soheil wrote:
               | Jurisprudence is a specialty beyond the skill level of an
               | average lawyer. It's like saying to be able to eat you
               | need to have a complete understanding of how to raise a
               | chicken.
        
         | jacquesm wrote:
         | That can get you into seriously hot water, I would suggest you
         | stop doing that until you've had some interaction with an IP
         | lawyer.
        
         | bogwog wrote:
         | You need to go revert all of those commits ASAP.
         | 
         | EDIT: also if there are any forks of your project, you should
         | ask people who forked it to restore the original copyright
         | notice as well. If the original copyright holder sees your name
         | instead of theirs, they'll know who to sue.
        
         | jeremyjh wrote:
         | Maybe read the license before agreeing to its terms.
        
         | jbreckmckye wrote:
         | No, you cannot.
         | 
         | I'd advise you to fixup any forks on GitHub, e.g.
         | https://github.com/fiatjaf/jiq/blob/master/LICENSE, which are
         | currently in breach of license.
         | 
         | You'll need to inform anyone who forked your code, too.
         | 
         | This is something you agreed to in the following part of the
         | license:
         | 
         | > The above copyright notice and this permission notice shall
         | be included in all copies or substantial portions of the
         | Software.
        
       | jeffwilcox wrote:
       | I lead the Microsoft Open Source Programs Office team. I'm sorry
       | this happened.
       | 
       | We have merged a pull request that restored the correct LICENSE
       | file and copyright, and are in touch with the upstream author
       | Lesny Rumcajs who emailed us this morning. We'll look to revert
       | the entire commit that our bot made, too, since it updated the
       | README with a boilerplate getting started guide.
       | 
       | The bug was caused by a bot that was designed to commit template
       | files in new repositories. It's code that I wrote to try to
       | prevent other problems we have had with releasing projects in the
       | past. It's not supposed to run on forks.
       | 
       | I'm going to make sure that we sit down and audit all of our
       | forked repositories and revert similar changes to any other
       | projects.
       | 
       | We have a lot of process around forking, and have had to put
       | controls in place to make sure that people are aware of that
       | guidance. Starting a few years ago, we even "lock" forks to
       | enforce our process. We prefer that people fork projects into
       | their individual GitHub accounts, instead of our organization, to
       | encourage that they participate with the upstream project. In
       | this situation, a team got approval to fork the repository, but
       | hasn't yet gotten started.
       | 
       | To be as open as I can, I'd like to point to the bug:
       | 
       | - The templates we apply on new repositories live at
       | https://github.com/microsoft/repo-templates
       | 
       | - The bug seems to be at this line of the new repository
       | workflow: https://github.com/microsoft/opensource-management-
       | portal/bl...
       | 
       | - The system we have in place even tries to educate our engineers
       | with this log message (https://github.com/microsoft/opensource-
       | management-portal/bl...): "this.log.push({ message: `Repository
       | ${subMessage}, template files will not be committed. Please check
       | the LICENSE and other files to understand existing obligations.`
       | });"
        
         | krzyk wrote:
         | Lesny Rumcajs? :)
         | 
         | For those that don't know Polish it means Forest Rumcajs
         | (https://en.wikipedia.org/wiki/Rumcajs), probably a joke of the
         | author that wants to be anonymous.
        
         | ModernMech wrote:
         | Thank you for being transparent about this and dealing with it
         | appropriately, even on Christmas. I think that goes a long way.
        
         | 3np wrote:
         | Really appreciate the prompt and transparent response, Jeff.
         | Especially at a time when I assume you were not expecting to
         | jump in on duty.
         | 
         | I hope that despite all the harsh words, you can have sympathy
         | with that behind them are legitimate concerns and suspicion
         | stemming from past bad behavior from various part of your
         | organization. Due to this, and Microsoft's position of power,
         | you have a much, much lower budget for these kinds of mistakes
         | compared to the most other orgs.
         | 
         | Even if there was nothing intentionally malicious at play here,
         | it would not be far-fetched for an outsider to interpret as
         | "implicit maliciousness through neglect".
         | 
         | Here's hoping that 2022 will be a year of bridging the divide
         | and sincere alignment.
        
           | tptacek wrote:
           | Yes, it would be far-fetched. The conspiracy theory here is
           | self-evidently implausible. We need to stop pretending that
           | the accusations here were made in good faith, or are anything
           | more than wishcasting. People write about these things
           | because it's a lot more fun for them than to write about what
           | actually might have happened, even if what actually happened
           | is probably a better, more lastingly valuable conversation to
           | have.
        
             | 3np wrote:
             | So, I'm of the opinion that a collective (for example a
             | company) can exhibit malicious behavior despite no
             | malicious intention of any particular individual in it. It
             | can be emergent, and moreso the larger the organization.
             | Along similar lines of systemic discrimination, there does
             | not need to exist any conscious conspiracy or malintent.
             | For better or worse, the whole is greater than the sum of
             | its parts.
             | 
             | This comment speaks towards that this is the case:
             | 
             | https://news.ycombinator.com/item?id=29686347
             | 
             | > I know Jeff personally and he's great. This happens all
             | the time at Microsoft though. Teams try to do OSS
             | themselves, haven't a clue how GitHub or licensing works
             | (e.g. they think the CLA transfers copyright), and after a
             | slap aside the head, I send them to Jeff for guidance and
             | all is well.
             | 
             | (I mostly agree with your sentiment, though. I do get the
             | impression that leadership is sincere in wanting to do
             | right. It's just that it's not that black-and-white or
             | easy. As another MS employee commented, this is something
             | that has to take time and they need to be held accountable
             | along the way.
             | https://news.ycombinator.com/item?id=29684127)
        
               | tptacek wrote:
               | If there was a plausible evil plan behind this licensing
               | silliness, I'd shut up about it. But there isn't. The
               | insinuations being made on this thread (still!
               | continously!) are embarrassing. It's not that I think
               | Microsoft is incapable of putting together a solid heist;
               | it's that observers here have such bad taste in heists.
        
               | 3np wrote:
               | Agree with you there. I see it as manifestations of fear,
               | tribalism, and short-sighted oversimplification around
               | complex issues. Without wanting to dive deeper into any
               | of those topics, I believe there are similar mechanism at
               | play on a larger scale in COVID-conspiracy theories and
               | the re-emergence of Western xenophobia/nationalism.
               | 
               | It can be hard to assume good faith when your counterpart
               | clearly isn't. But I think it can be at least as
               | important then. We need to come together and find common
               | ground.
        
         | dewiz wrote:
         | Thanks for clarifying. This also highlights the lack of
         | sufficient testing, and subpar processes, eg automation should
         | be tested against critical paths, and changing a license should
         | require human approval.
        
           | jeffwilcox wrote:
           | Agree. The lack of tests has been the biggest regret of mine
           | for this project. It started as a hackathon project a long
           | time ago, and as it grew up, it never got the testing
           | investment it deserved. I imagine the code coverage is about
           | 0.001% and there's no end-to-end tests in place.
        
             | mst wrote:
             | My local tooling doesn't fail as visibly as this but it
             | certain fails just as catastrophically leaving me feeling
             | excessively silly.
             | 
             | So, yeah, hugops, mate.
        
         | yawaramin wrote:
         | Thanks for explaining. Out of curiosity, does Microsoft have
         | any external-facing GPL-licensed projects? Are there any
         | restrictions to using (i.e. open sourcing something developed
         | internally or forking something from outside MS) GPL-licensed
         | projects? Specifically, would teams be able to get approval to
         | fork GPL repos?
        
           | jeffwilcox wrote:
           | Git for Windows comes to mind. Teams can absolutely get
           | approval for any open source license; however, for a GPL
           | project, we'd have their open source legal team work with
           | them to brief them on the license obligations and
           | requirements, such as publishing code to
           | https://3rdpartysource.microsoft.com/.
        
             | yawaramin wrote:
             | Interesting, so that's specifically for GPL-licensed
             | projects? Or am I misunderstanding and you would have dev
             | teams work with Legal for any open source licensed project?
        
               | jeffwilcox wrote:
               | Copyleft has more process, since we absolutely need our
               | engineers to understand the obligations we have, and for
               | some of us, it may be the first time we're being
               | introduced to open source communities and licensing, so
               | we have to do more education in the GPL case.
               | 
               | Our process revolves more about _using_ open source than
               | forking specifically.
               | 
               | Whenever a build runs at the company, we have a detection
               | task that identifies the open source that is used,
               | storing an inventory. We evaluate the open source
               | licenses for that inventory, and have automation
               | depending on the license that will help inform a team
               | that has taken a new dependency with specific legal
               | obligations - could be to get business and legal approval
               | for something, to take training and learn about copyleft
               | software and licensing, or that they need to post third-
               | party buildable source. We're also able to use that
               | inventory to help with incident response and blast radius
               | analysis.
               | 
               | To scale, we need to make sure that our guidance and
               | policies are in front of people, but we know that
               | engineers want to get work done (or will find a way
               | around what we have in place), and so need to be
               | efficient and straightforward.
               | 
               | Not all situations will require a business or legal
               | approval. Our motto has been "eliminate, automate,
               | delegate" - eliminate onerous bureaucracy and policies -
               | automate licensing compliance and inventory and approvals
               | - and delegate to business leaders and others when
               | there's a need for humans to be involved.
               | 
               | Sorry for the long answer.
        
               | yawaramin wrote:
               | Thank you-very informative answer.
        
         | danesparza wrote:
         | Damn dude. You posted this comment on CHRISTMAS no less. Either
         | your phone exploded or you are a VERY PASSIONATE hacker news
         | fan. Either way ... props to you for trying your best to
         | straighten this out immediately.
        
           | mst wrote:
           | This feels like the sort of thing where straightening it out
           | immediately, even on christmas day, was well worthwhile
           | simply because it would let him enjoy his christmas dinner
           | without worrying about an inevitable building dramastorm.
           | 
           | That is not, however, a complaint - being smart enough and
           | giving a damn enough to realise that straightening it out
           | immediately was a really good idea is impressive and laudable
           | in and of itself.
        
         | throwawaymanbot wrote:
        
         | junon wrote:
         | Thanks, this is the correct sort of response to this problem.
         | It wasn't clear by the title this was an automated change,
         | hence the pitchforks.
        
         | withinrafael wrote:
         | I know Jeff personally and he's great. This happens all the
         | time at Microsoft though. Teams try to do OSS themselves,
         | haven't a clue how GitHub or licensing works (e.g. they think
         | the CLA transfers copyright), and after a slap aside the head,
         | I send them to Jeff for guidance and all is well.
        
         | dapids wrote:
         | Do you mind addressing the reason why an employee did exactly
         | what you are claiming the bot did in error?
         | 
         | https://github.com/microsoft/cups/commit/8100595a3a3a6d5c7d0...
         | 
         | Again, this is a person, not a robot. How does this play into a
         | "software bug"?
        
           | cdcarter wrote:
           | If you read the repo history carefully, you'll see a bot was
           | responsible for rewriting the "LICENSE" file from an Apache
           | license to the Microsoft (c) stamped MIT license. This human
           | commit simply copied that same language to the file named
           | "LICENSE.txt". It's unclear why they did that, but that human
           | was not responsible for introducing the license text into the
           | repo.
        
           | will4274 wrote:
           | ? Instead of a software bug, it was a human error. Is it
           | really surprising that with a company of Microsoft's size,
           | some employees fuck up? Likely the employee was trying to say
           | that the contributions in this fork that were not present in
           | upstream are covered by the new license, but failed to do so
           | properly (by leaving the original license intact and
           | identifying precisely which files the new license applied to
           | and which it didn't).
           | 
           | Courts will take a far more generous view than you are here.
           | If Microsoft is not profiting from the change, and fixes it
           | promptly when pointed out, the courts will shrug at any case
           | - no harm, no foul. It's not even clear to me that it's
           | illegal to have the wrong license on GitHub, assuming the
           | shipping product does not violate the correct license. As
           | nobody has pointed to any infringing Microsoft product...
           | What are we talking about?
        
           | jeffwilcox wrote:
           | Honestly, I'm not sure what happened here.
           | 
           | My guess is that they were going through a checklist of what
           | to do when releasing open source changes, and didn't
           | understand what they were doing.
           | 
           | A lot of why we've had to put some guardrails in our system
           | has been to point people to guidance and training on open
           | source.
           | 
           | I've sent the team that works on this repository an e-mail,
           | but I don't expect to get a response on the holiday.
        
             | dapids wrote:
             | Thanks for the response. Mistakes happen, human or
             | computer, not the end of the world, and I get it. I was
             | just more curious to know if there is a manual process for
             | this type of forking that was not being vetted via the bot,
             | and to bring another example to your attention.
        
             | oblio wrote:
             | Just don't shoot down the poor schmuck, mistakes happen.
             | 
             | The pitchforks will come down, anyway :-)
        
         | sydney6 wrote:
         | Is Tay still alive?
        
         | mkdirp wrote:
         | I saw your comment on the cups repo. Please don't feel horrible
         | about it. An honest mistake is an honest mistake, as long as
         | the issues are remediated. Merry Christmas
        
         | yardie wrote:
         | And here I was ready to sharpen my pitchfork. Thanks for
         | communicating the error and the correction. I know this time of
         | year can be especially challenging.
        
         | brobinson wrote:
         | FYI: when linking to a line of code, simply press Y on your
         | keyboard to have Github switch from the
         | _branchname/path/to/file.xyz_ URL to the
         | _sha1/path/to/file.xyz_ URL. The former can result in your URL
         | pointing to unrelated code if lines are added or removed in
         | future commits on the referenced branch.
         | 
         | https://github.com/microsoft/opensource-management-portal/bl...
        
           | sillysaurusx wrote:
           | Amusingly, this works on gitlab too. I was surprised that the
           | shortcut was "so good that competitors had to implement it."
        
           | jeffwilcox wrote:
           | TIL. Thanks!
        
         | sarahnovotny wrote:
         | This is my favorite part of the culture change which is
         | happening at Microsoft.
         | 
         | We are still working on it. And, it will take time.
         | 
         | Jeff's team, my team, the java team whose forked repo this
         | unintentionally highlighted are working with dozens of other
         | teams every week. Satya says we're all in on open source.
         | 
         | Hold Jeff and Me and all the leaders of Microsoft to that
         | vision. Keep us accountable. And, know this takes time. Let's
         | make technology and humanity healthier and more sustainable in
         | 2022.
        
           | oblio wrote:
           | > Satya says we're all in on open source.
           | 
           | You're not, just as your competitors aren't.
           | 
           | None of the secret sauces are Open Source: Windows, Office,
           | Visual Studio, SQL Server, the Azure control stuff, and I
           | don't expect them to be.
           | 
           | You're half in, at best, only Red Hat was all in. And they
           | were bought out by IBM, so here we are.
        
           | thisoneistheone wrote:
        
           | xafnuaetrf8764 wrote:
        
             | dang wrote:
             | We've banned this account. Nobody gets to attack others
             | like that here.
             | 
             | https://news.ycombinator.com/newsguidelines.html
        
           | Shared404 wrote:
           | Unlike the sibling to my comment, I appreciate both this and
           | the GP.
           | 
           | I was all in on MS as a kid/young teen.
           | 
           | Eventually I started looking at the actions of Microsoft, and
           | as stupid as it is, felt betrayed.
           | 
           | I still don't trust MS, and still hate the direction Windows
           | is heading, I will probably never daily drive it again.
           | 
           | However, comments like these give me hope that MS can turn
           | itself around. Maybe some day MS will be the company I
           | thought it was!
           | 
           | Tl;dr: Thanks for making changes!
        
           | [deleted]
        
           | phkahler wrote:
           | I realize that Microsoft is composed of many pieces, but that
           | doesnt prevent me from treating it like a single entity. And
           | that entity has IMHO done horrible things to it's own
           | products and customers, so I'd rather they keep theirs hands
           | off FLOSS as much as possible.
        
             | throwaway984393 wrote:
             | But if you treat it like a single entity, that means you
             | also treat all the people working there like that entity.
             | The janitor working at Microsoft doesn't deserve your ire,
             | nor the secretaries, etc. But they work there, and carry
             | around their logos on their backpacks and what not. Those
             | people have feelings, and those feelings feel bad when the
             | entity they work for is lashed out at. It does make one
             | feel bad when one's company is raked over the coals,
             | because it makes one feel responsible, even if one doesn't
             | even know what's going on.
             | 
             | So, for the sake of the feelings of the innocent people who
             | work there, I would ask everyone to please modulate the
             | volume and intensity of ire that they project. Please speak
             | truth to power, but don't be harsher than is needed to get
             | your point across.
        
         | citygm wrote:
         | Ni Men Suo You Kai Yuan Zuo Zhe ,Ying Gai  Xiang Wei Ruan Dao
         | Qian ,Ni Men Qin Fan Liao Wei Ruan De Quan Li ,Ni Men Zai Kai
         | Yuan Dai Ma De Tong Shi ,Ju Ran Dan Gan Xie Shang Zi Ji Ban
         | Quan Suo You ?Huan De Ma Fan Wei Ruan Qin Zi Bang Ni Men Yi Yi
         | Gai Zheng Guo Lai .  Gei Ni Men Yi Tian Shi Jian ,Kuai Zi Ji
         | Zhu Dong Gai Cheng Wei Ruan .  Suo You githubXiang Mu ,Ban Quan
         | Gui Wei Ruan Suo You .  Fan Qing Suo You Kai Yuan Xiang Mu ,Zao
         | Ri Gai Xie Gui Zheng ,Bu Yao Mi Tu Bu Fan .
        
         | j4hdufd8 wrote:
         | I'm really sorry you had to deal with this during the festive
         | period.
         | 
         | I certainly understand how scandalous this looks to crowds like
         | Hacker News.
         | 
         | But this seems a little bit blown out of proportion, as if
         | Microsoft just forked the kernel or something and put their
         | name on the license.
        
           | victorvscn wrote:
           | >I certainly understand how scandalous this looks to crowds
           | like Hacker News.
           | 
           | I don't. I'm with the Microsoft employee who was pissed at
           | how people think it's edgy to diss on Microsoft. What were
           | the chances that Microsoft was openly doing that? Some dude
           | who has now deleted his post said Microsoft was trying to
           | "create a monopoly of web IDEs". These are clearly people who
           | barely have a passing knowledge of how Microsoft works these
           | days.
           | 
           | People think critical thinking means complaining endlessly.
           | It doesn't. You can't think critically if you don't think
           | clearly. And you can't think clearly if you're only looking
           | for a reason to lift the pitchforks.
        
             | 3np wrote:
             | I don't know if you're aware of other not-that-ancient
             | incidents like these?
             | 
             | https://keivan.io/the-day-appget-died/
             | 
             | https://web.archive.org/web/20180715225433/https://threadre
             | a...
             | 
             | It took significant public outrage and press coverage
             | before either of those were even acknowledged, a long time
             | after.
             | 
             | > What were the chances that Microsoft was openly doing
             | that?
             | 
             | After reading the above, is it really that edgy to be
             | assuming the worst? If it's truly just recurring instances
             | of different rogue employees, doesn't that speak to a
             | systemic and/or cultural issue that needs to be addressed
             | with additional internal safeguards and/or deterrents to
             | prevent it from happening again?
             | 
             | To the credit of the relevant team here, today this was
             | promptly addressed as soon as it got their attention. But
             | it will take more than that to set to rest decades of
             | precedence.
             | 
             | (I did not partake in the flaming and don't find it
             | constructive or beneficial; just saying I have full
             | understanding of the suspicion and understand that MS are
             | still on probation)
        
               | tomnipotent wrote:
               | > After reading the above, is it really that edgy to be
               | assuming the worst?
               | 
               | Yes. Neither of this are particularly damning.
               | 
               | > doesn't that speak to a systemic and/or cultural issue
               | 
               | No, not particularly. I think it says more about the
               | person jumping to such conclusions considering the
               | evidence.
        
         | tiahura wrote:
         | It was immediately obvious that it was a script gone awry.
         | Sorry your team had to spend your holiday on something so
         | trivial.
        
         | freediver wrote:
         | Hanlon's razor to the rescue!
        
         | bloqs wrote:
         | I have enormous respect for your response here.
        
         | tptacek wrote:
         | What happened here was obviously a mistake. The thread is full
         | of lurid accusations, because those are fun to write and talk
         | about, but it shouldn't take even a minute's thought to see how
         | dumb a heist this would have been.
         | 
         | The thread would have been a lot more fun if we could have
         | spent it talking about what prompted your team to build this
         | thingy, and bounce other people's approaches to the same
         | problem off, and maybe share some war stories about dumb things
         | bots have done on our behalf.
         | 
         | Thanks, regardless, for the information you've provided here.
         | It's interesting.
        
           | HugoDaniel wrote:
        
             | tptacek wrote:
             | Are you still trying to make this a thing? I'm pretty sure
             | it's over.
        
               | HugoDaniel wrote:
               | ad hominem
        
           | PragmaticPulp wrote:
           | > The thread is full of lurid accusations, because those are
           | fun to write and talk about, but it shouldn't take even a
           | minute's thought to see how dumb a heist this would have
           | been.
           | 
           | Another good reminder that Hacker News is not above assuming
           | the worst and gathering pitchfork mobs like any other social
           | media.
           | 
           | The issue looked like a mistake from the start to anyone
           | paying attention (committed by a bot, changes were consistent
           | with a boilerplate LICENSE file being checked in).
           | 
           | If someone at Microsoft wanted to steal some code, forking it
           | on Github and then publicly documenting the history of the
           | code in the most visible way possible would truly be the
           | dumbest way to do it.
        
             | tptacek wrote:
             | Especially here, when the smoking gun is a change to an
             | _MIT licensed project_. One of the torch-holding commenters
             | remarked that developers at Microsoft ought to know enough
             | about how licenses work to know what a big deal this was.
             | Physician, heal thyself.
        
             | dapids wrote:
             | It's not just bots, it's real people: https://github.com/mi
             | crosoft/cups/commit/8100595a3a3a6d5c7d0...
        
               | will4274 wrote:
               | How is this commit in May related to the current thread?
               | Your post doesn't contain enough information for me to
               | understand your meaning.
        
               | dapids wrote:
        
               | ignoramous wrote:
               | Apparently that's a commit made by a human re-assigning
               | copyright of a forked FOSS project [0] to MSFT,
               | presumably without attribution [1]
               | 
               | [0] https://openprinting.github.io/cups
               | 
               | [1] MSFT moved attribution to _NOTICE_ file, which is
               | cleaner, but trips people who aren 't paying attention:
               | https://github.com/microsoft/cups/blob/main/NOTICE
        
             | bayindirh wrote:
             | > Another good reminder that Hacker News is not above
             | assuming the worst and gathering pitchfork mobs like any
             | other social media.
             | 
             | As a person who read "The Halloween Documents" [0], I think
             | I have the right to distrust Microsoft on every level.
             | 
             | I use their hardware, subscribe to their Office suite, have
             | their licenses for family computers, but they've filled
             | their "Honest Mistake" quota for me long time ago.
             | 
             | I wholeheartedly applaud them for acknowledging what
             | happened and taking preventative measures, esp, on
             | Christmas, but I can't forgive them for all the thing
             | they've done in the far and recent hisory.
             | 
             | [0]: http://www.catb.org/~esr/halloween/
        
               | tptacek wrote:
               | The obligation you're not living up to is to HN, not to
               | Microsoft. If you want to participate here, the onus is
               | on you not to be knee-jerk; avoiding knee-jerkism is the
               | subtext of like 3/4 of the site guidelines.
        
               | bayindirh wrote:
               | This is veering to the meta, however, one of the best
               | things came out of my HN experience is how to converse
               | and discuss better. Actually I strive hard to not to be a
               | knee-jerk person. I always take my time while writing
               | something and try to back-up with actual events and/or
               | facts.
               | 
               | The point I was trying to make that for companies like
               | Microsoft, reaching for the pitchfork is not always a
               | knee-jerk reaction IMHO. For all the things they have
               | done, my initial reaction is always _Oof, not again..._ ,
               | which is actually sad for a company of this size.
               | 
               | It's actually unfathomable to me for a company like
               | Microsoft to not test these flows adequately and allowing
               | this to happen.
               | 
               | For a change, I want to see a more open computing
               | platform, a less intrusive Windows version, or a longer
               | maintenance window for CentOS, but we all have is a
               | brawl.
        
               | tptacek wrote:
               | One big clue you have that the reactions here were knee-
               | jerk is that they all turned out to be totally wrong.
               | There's a lot of corncob dot gif happening in the
               | aftermath.
        
               | bayindirh wrote:
               | I'm glad that my assumption proven to be wrong, by
               | Microsoft itself, nonetheless. However, is being wrong is
               | always equal to being a knee-jerk? Does the reputation of
               | the company in question doesn't play a role here?
               | 
               | Or, shall we be stateless, and evaluate every events
               | without any prior experience? I don't think that holds a
               | lot of water in real world, either.
        
               | tptacek wrote:
               | Another clue that it's knee-jerkism is that the
               | accusations make no sense. It's hard to see what
               | Microsoft plausibly stood to gain by modifying an MIT
               | license. I suspect a lot of the accusations here are
               | being made by people who simply don't know what an MIT
               | license means. For that matter: even with a restrictive
               | license like the GPL, it's hard to make sense of this as
               | a heist, especially since _it 's right there in the
               | public git log_.
               | 
               | I don't think it's going to be possible to salvage the
               | torch and pitchfork comments on this thread. For lack of
               | a better way to put it: they're pretty dumb.
        
               | bayindirh wrote:
               | > It's hard to see what Microsoft plausibly stood to gain
               | by modifying an MIT license.
               | 
               | Actually, not being able to find a plausible gain in five
               | minutes doesn't automatically clear Microsoft (or any
               | company) in my mind. From top of my head, I can list
               | three technologies which I find suspicious in the long
               | run: LSP, WSL, SecureBoot.
               | 
               | All in all, I _just don 't trust Microsoft_, and think
               | about the worst of their actions first. They're the only
               | company (ORACLE being a firm second) which evoke this
               | reaction for me, and this their own making over the
               | years.
               | 
               | Just because I don't trust a company and assume the worst
               | of them, and telling this openly makes me a knee-jerk
               | person, so be it.
               | 
               | As I said, I'm happy to be proven wrong, but I refuse to
               | be stateless, and look every action of this company with
               | completely neutral eyes.
        
               | tptacek wrote:
               | If you don't have anything well-considered to say about
               | an event on HN, the best thing to do is not to say
               | anything at all. Believe it or not, your personal
               | distrust of a giant company isn't all that interesting to
               | the rest of HN.
        
               | J0BC6xEIDNi4 wrote:
               | I think what he has to say is well-considered, and
               | interesting. Meanwhile, the fact that you consider
               | yourself qualified to speak for "the rest of HN" is...
               | deeply fascinating.
        
         | wnevets wrote:
         | I figured something like this was the cause. I must say I'm
         | quite disappointed by all of the negative comments before
         | anyone from MS had a chance to explain what happened.
        
         | pjmlp wrote:
         | Thanks for jumping in and trying to explain what actually
         | happened.
        
         | mrVentures wrote:
         | Good job owning the mistake and planning to prevent it in the
         | future.
        
         | [deleted]
        
         | squidgyhead wrote:
         | So, you are adding licenses automatically? This seems pretty
         | risky. Why not just prevent commits that don't have a license?
         | Shouldn't there be a human somewhere in that loop?
        
         | phillipcarter wrote:
         | Hugs Jeff, keep up the good work and hopefully the rest of your
         | holidays are a lot more cheerful
        
         | gautamcgoel wrote:
         | A lot of commenters are sharpening their pitchforks, but this
         | comment, in my opinion, makes it very likely that it was an
         | honest mistake. Amazing what taking personal responsibility and
         | earnestly apologizing can do to restore trust and credibility!
        
           | beckman466 wrote:
        
           | laumars wrote:
           | If you read the comments, most people believed it was an
           | honest mistake. What we didn't agree with was that it was an
           | excusable mistake. Microsoft have since acknowledged it's not
           | excusable and thus will rectify that error. So as far as I
           | see it, all parties, both for and against MS, should be
           | satisfied with the outcome.
        
           | HugoDaniel wrote:
           | ... "honest mistake" ...
           | 
           | dude read yourself
        
             | dang wrote:
             | Could you please stop breaking the site guidelines? You've
             | unfortunately been doing it repeatedly in your HN comments.
             | People are supposed to get the benefit of the doubt here.
             | 
             | https://news.ycombinator.com/newsguidelines.html
        
           | csilverman wrote:
           | Yeah, I think this is an example of addressing a mistake that
           | other companies should take note of. I don't trust Microsoft-
           | sized corporations as a matter of principle, and I don't
           | typically give them the benefit of the doubt, but when one of
           | their own engineers explains in human-readable terms what
           | specifically happened--on a holiday, no less--I'm impressed
           | enough to believe him. Some PR flack showing up with vague
           | boilerplate about how Microsoft values the open-source
           | community and they'll look into it would only have encouraged
           | more outrage.
           | 
           | I always appreciate communication that acknowledges I'm a
           | person, not a data point or a customer. I wish more companies
           | ditched the greasy PR approach and allowed folks like Jeff to
           | do their talking for them.
        
             | victorvscn wrote:
             | This shouldn't be a reason to believe Microsoft or any such
             | company. It's remarkably easy to fake.
             | 
             | Here's what should be a reason: their history (considering
             | if they reformed--which anyone paying attention knows
             | Microsoft has).
             | 
             | Even that is not 100%. But it should tell you to hold the
             | pitchforks until the company has a chance to explain
             | themselves (and whether you should believe the
             | explanations).
        
               | itzprime wrote:
               | How has Microsoft reformed? Windows 11 is more intrusive
               | than ever, it changes default programms more frequently
               | to their desired programms and it is so annyoing to
               | switch browser. THey still are the same old.
        
             | novok wrote:
             | I think a key reason that corps do try to avoid admitting
             | fault, is because in a lawsuit that can be used as evidence
             | for a guilty verdict in a civil lawsuit in some of the most
             | slam dunk ways.
             | 
             | If we remove this feature of common law legal systems, I
             | think you will get far more admissions of fault like this
             | one.
             | 
             | If you hurt people, organizations, etc for admitting their
             | mistakes, they're going to stop doing it.
        
               | jdsully wrote:
               | The key take away is that apologizing and admitting fault
               | doesn't absolve one of liability. There are a number of
               | "amnesty" laws on the books where admitting fault can
               | server to limit or reduce your sentence - especially with
               | tax issues. I'm not sure how desirable such a thing would
               | be in civil law among private parties. Especially in
               | cases where a tort is minor to one party but a big deal
               | to the other because of disparate wealth.
               | 
               | E.g. if Microsoft burned your house down would an apology
               | and explanation be enough to settle the matter? How could
               | we encode this principle into law for minor things but
               | not large things?
        
             | Debug_Overload wrote:
             | Is the bar really that low? "This person used human-
             | readable language and acknowledges that I'm a person, so
             | it's impressive and all is forgiven"?
             | 
             | I'm not trying to pull a straw man here but it's really
             | strange how low the bar is; the PR folks must've been
             | really busy if they managed to cultivate this level of low-
             | expectations environment.
        
               | laserbeam wrote:
               | Alright... What is a proper response to an honest mistake
               | in your book? We have links to a bug, explanation of what
               | happened, a clear response (that they will check to see
               | if this happened on other forks), they reversed the
               | change...
               | 
               | Unsure why the bar would need to be higher. This is all
               | reasonable given the circumstances.
        
               | robertlagrant wrote:
               | An engineer who can write straightforwardly is worth 100
               | PR people in situations like this.
               | 
               | They're not paid like that, but they are worth that.
        
           | PragmaticPulp wrote:
           | > makes it very likely that it was an honest mistake.
           | 
           | I don't have any doubt that it was an honest mistake. They
           | also took accountability for the mistake, shared their steps
           | to prevent it from happening again, and they're in contact
           | with the original repo author directly.
           | 
           | At this point, anyone digging for excuses to further demonize
           | Microsoft isn't interested in honest discussion about this
           | issue. This is a textbook mistake followed by rapid
           | resolution (on Christmas Day, no less), with great
           | communication on top.
        
           | hawski wrote:
           | In a way I'm glad that this is not taken lightly. We all need
           | to be informed and calm, but mega-corporations should be held
           | to higher standards. They should feel breath of an angry mob
           | once in a while. I imagine, that if reactions to things like
           | that would be just "meh, it's probably just a mistake" it
           | would not be resolved as quickly or it could just be ignored.
           | But now that it is all cleared up let's go home and Merry
           | Christmas.
        
           | throwaway82931 wrote:
           | Now, will Microsoft cease violating the copyrights of
           | everyone on Github via Copilot?
           | 
           | That the pitchforks have come out for Microsoft should come
           | as no surprise to anyone.
        
             | novok wrote:
             | Lets also get rid of web search engines while we are at it,
             | or transparent caching CDNs /s
        
               | throwaway82931 wrote:
               | Web search engines claim fair use for snippets, and MS
               | claims fair use for Copilot. However, a web search engine
               | result page is only an aggregate of the excerpted pages,
               | and it refers back to them; unlike software authored
               | using Copilot, it does not draw those snippets together
               | into a coherent purposeful whole, strip all reference to
               | the original author. and claim complete originality.
               | 
               | That MS went ahead with training Copilot on open source
               | code authored by people who are clearly not OK with it is
               | why they are so short on goodwill.
        
           | tptacek wrote:
           | It was obviously a mistake. Still nice to have someone
           | involved give the backstory.
        
             | sharken wrote:
             | Yes, very nice writeup from Microsoft.
             | 
             | Had a similar experience with AzureCli v2.30, where the
             | environment variable to ignore certificate errors suddenly
             | did not work anymore.
             | 
             | It turned out it was removed but there was no mention of it
             | in the release notes.
             | 
             | On the GitHub page quick response was provided by
             | Microsoft.
        
         | rdl wrote:
         | Thank you for showing up on Christmas to address this. Have a
         | great holiday!
        
         | smnscu wrote:
         | Feels like the reverse Streisand effect at play here; a high-
         | profile minor fuckup that helps popularize a positive thing.
         | This was fun to meme on, but I'm glad Microsoft appears to be
         | on an upward slant ethically. It also makes me more comfortable
         | being a Microsoft customer.
        
           | filomeno wrote:
           | Do you mean it was done on purpose? Coming from Microsoft one
           | would never know...
        
         | giancarlostoro wrote:
         | Thank you for the full transparency, sadly we may hear for
         | years of people saying how Microsoft blatantly ripped off
         | someone else's copyright, but that's probably okay, those
         | people probably wouldn't use your projects for whatever reason
         | anyway, when in fact it was a bot meant to keep you guys from
         | releasing code prematurely without a reasonable license to
         | begin with (at least that's what it sounds like?).
        
         | explaingarlic wrote:
         | Very nice to see someone take ownership of a problem. Thanks
         | Jeff :)
        
         | snthd wrote:
         | Please consider
         | https://github.com/microsoft/azuredatastudio/issues/102#issu...
         | 
         | >SQL Operations Studio was built on the back of many open
         | source projects that all use the MIT License for a reason: it's
         | the right way to keep moving the community forward, empowering
         | your users to do cool stuff and build useful things for the
         | community.
         | 
         | >We're just asking SQL Operations Studio to use the same
         | license that Visual Studio Code does.
        
         | andrei_says_ wrote:
         | Thank you for taking responsibility for this and for the
         | transparency.
         | 
         | It is good to be reminded that care and integrity can exist,
         | even in large corporations.
        
         | severino wrote:
         | > It's code that I wrote to try to prevent other problems [...]
         | 
         | Don't worry, man, nobody expects people from Microsoft to write
         | code that behaves as intended. Merry Christmas.
        
       | akyoan wrote:
        
         | dang wrote:
         | You broke the site guidelines so badly and so repeatedly in
         | this thread that I've banned the account. If it were just a
         | question of a single thread, I'd put it down to going on tilt
         | (which happens sometimes), but you've also been breaking the
         | guidelines egregiously in other places too.
         | 
         | If you don't want to be banned, you're welcome to email
         | hn@ycombinator.com and give us reason to believe that you'll
         | follow the rules in the future. They're here:
         | https://news.ycombinator.com/newsguidelines.html.
         | 
         | We detached this subthread from
         | https://news.ycombinator.com/item?id=29683556.
        
         | zenexer wrote:
         | It doesn't matter that it was an accident; it's still a serious
         | issue that needs to be corrected and deserves an upvote. It's
         | also quite curious, and I appreciate hearing about the
         | incident.
         | 
         | Incidents don't need to be malicious to be newsworthy or
         | intriguing.
        
           | akyoan wrote:
        
             | bayindirh wrote:
             | Eh, considering Microsoft made similar "harmless" mistakes
             | in the past, I don't give them "harmless mistake" credits.
             | 
             | e.g.: Anyone remembering AppGet? [0][1]
             | 
             | [0]: https://www.theverge.com/2020/5/28/21272964/microsoft-
             | winget...
             | 
             | [1]: https://www.theverge.com/2020/6/2/21277863/microsoft-
             | winget-...
        
               | akyoan wrote:
        
               | bayindirh wrote:
               | > Do you have brain?
               | 
               | Just tapped to my head, looks like there's one.
               | 
               | > Leave a message when you realize that forking a repo on
               | GitHub is not the same as publishing a copy under your
               | name.
               | 
               | First, you send me a message when you realize you can't
               | just change an MIT License's copyright line as you see
               | fit, then we can discuss the rest.
               | 
               | Also, milking knowledge from someone with an implicit
               | promise of hiring, and re-implementing the software and
               | tossing the original developer aside like an orange pulp
               | is nowhere ethical.
        
             | anonymousab wrote:
             | Bot-driven crimes would be crimes nonetheless.
        
             | [deleted]
        
             | kstrauser wrote:
             | - You're at work looking for an appropriately licensed
             | library to do X.
             | 
             | - You find one with an MIT license and use it.
             | 
             | - Oops! It was really GPL and now you have some undesirable
             | options to face.
             | 
             | Microsoft's had a few "accidents" lately that remind me too
             | much of their old war on the GPL.
        
             | feanaro wrote:
             | The mistake is not harmless. Corporations don't get to hide
             | behind their bots' mistakes. Microsoft needs to reverse the
             | change, explain why it happened and implement precautions
             | so it doesn't happen again.
        
             | coliveira wrote:
             | You wouldn't believe how long "harmless mistakes" are
             | maintained without correction, as long as they're
             | benefiting a big company.
        
             | luckylion wrote:
             | How often did the bot make the same mistake? In how many of
             | those cases does Microsoft now assume they have copyright
             | and make their army of lawyers enforce it? Are you willing
             | to go up against Microsoft in a court, rolling the dice?
        
             | Crosseye_Jack wrote:
             | Problem is in a world of moderation actions being taken by
             | bots and not humans often the only way to get a human to
             | review its decision is to raise awareness on social media
             | like HN.
             | 
             | How often have we seen closed accounts getting resolved
             | after complaining about it on HN/Twitter/Etc.
             | 
             | I'm not saying tha to how it should be, just what it's
             | become.
        
             | AdrianB1 wrote:
             | How about stop blaming the bots and take responsibility?
             | The bots have none, the humans behind the bots have full
             | responsibility.
        
             | frob wrote:
             | Bots don't steal licenses; people who program bots steal
             | licenses.
             | 
             | It's the latter action that's being addressed here.
        
               | akyoan wrote:
        
               | xigoi wrote:
               | If I accidentally write a program that deletes all files
               | on your computer, are you not going to hold me
               | accountable?
        
         | Aperocky wrote:
         | That just meant Microsoft have done many more of this? Wouldn't
         | it make it worse?
         | 
         | Intentional, manual or not, projects are now attributed to
         | Microsoft when they should not.
        
       | jwsteigerwalt wrote:
        
       | ghjklpoiuy wrote:
        
         | [deleted]
        
       | Tepix wrote:
       | I don't think that just because some "bot" did this Microsoft is
       | to be excused. Someone decided that using a piece of software to
       | automatically alter license files. This is a genuinely stupid
       | idea. And they already fucked up in the same way with the CUPS
       | project. Will they learn without someone taking them to court
       | over this? I don't think so.
        
         | nickelpro wrote:
         | The bot's job was to get MS-originated repos onto the correct
         | standard license for MS open source code. That forked repos got
         | their license changed is an unintentional bug, not something
         | anyone "decided" to do.
        
           | CameronNemo wrote:
           | An unintentional bug that keeps happening. The correct
           | remediation is to disable the bot or feature until it stops
           | violating the law.
        
         | wutwutwutwut wrote:
         | > Will they learn without someone taking them to court over
         | this?
         | 
         | Only on hackernews I see this level of crazyness. You need to
         | reduce your caffein intake drastically.
        
           | dang wrote:
           | This sort of attack will get you banned here, regardless of
           | how right you are or feel you are. If you'd please review
           | https://news.ycombinator.com/newsguidelines.html and stick to
           | the rules when posting here, we'd appreciate it. Note this
           | one:
           | 
           | " _When disagreeing, please reply to the argument instead of
           | calling names. 'That is idiotic; 1 + 1 is 2, not 3' can be
           | shortened to '1 + 1 is 2, not 3._"
           | 
           | and this one:
           | 
           | " _Please don 't sneer, including at the rest of the
           | community._"
        
           | genesor wrote:
           | People on HN are completly crazy and uneducated... Whenever
           | there is something like this you can be sure you will find
           | hundreds of insulting or mean comments on the commit or PR...
           | It gives a really bad image of the community.
        
             | dang wrote:
             | This sort of name-calling breaks the site guidelines badly,
             | regardless of how right you are, or how superior you feel
             | to the rest of the community. If you'd please review
             | https://news.ycombinator.com/newsguidelines.html and stick
             | to the rules when posting here, we'd appreciate it.
        
         | misnome wrote:
         | I think people should be as forgiving as Microsoft would be if
         | someone "accidentally" changed the licence of Microsoft
         | software and started distributing it.
        
           | doubled112 wrote:
           | My copy of Daz's Windows Loader accidentally activated my
           | Windows pre-upgrade.
           | 
           | It was just accidentally run in a script. No worries right?
        
             | nexuist wrote:
             | I don't know what point you're trying to prove here, since
             | I don't think I've ever heard of Microsoft suing
             | individuals for illegal Windows keys and certainly not in
             | the past 10 years. If you start an LLC and attempt to
             | commercialize on piracy then you'll probably get sued, but
             | regardless they are a lot more lax than, say, Oracle on
             | this issue.
        
               | IgorPartola wrote:
               | FWIW it does look like a bug in a bit and not company
               | policy to me. But having said that the equivalent
               | situation would be some _larger_ than Microsoft copying
               | their work. For example the US Federal government
               | distributing Windows under the MIT license.
        
         | rvba wrote:
         | 1) bot changes license
         | 
         | 2) bot2 takes data for copilot
         | 
         | 3) we are "sorry" for bot 1
         | 
         | 4) bot2 took data
        
       | [deleted]
        
       | helsinkiandrew wrote:
       | How did it used to go?
       | 
       | Embrace, Extend, and Extinguish
       | 
       | But now not even bothering with the extend. I'd guess this is a
       | mistake of some kind.
        
         | [deleted]
        
         | implements wrote:
         | Dismiss, Embrace, Extend and Extinguish - if I remember the
         | early histories of Netscape and Java accurately.
        
       | 3np wrote:
       | So sure, this is far from a good look. But the verdict is still
       | out on if it is an unfortunate mistake or malicious.
       | 
       | It's far from the first time I see this kind of reaction and,
       | IMO, rather than everyone spending time on piling on the
       | flamewar, how about opening the door for MS to set this straight
       | and do the right thing? Assume good faith even if you personally
       | don't sincerely believe it? Give them an easy way to save face
       | and present a plausible narrative rather than having everyone dig
       | their trenches deeper? If you'd prefer MS not to screw people
       | over, it helps no one to solidify them in doing just that.
       | 
       | Already so many people shouting "YOU ARE THE DEVIL", not one
       | going "hey, looks like this is a mistake, let's sort it out". IMO
       | the latter is more constructive. It's almost as if people _want_
       | Microsoft to do bad things. Remember it 's a huge organization
       | with all kinds of people and ideologies internally. It's too
       | early to tell which way the individual behind this particular
       | change is leaning.
       | 
       | It took me all of 1-2 minutes to make this PR[0], probably less
       | than any of the meme pictures in that commit thread. Let's see
       | how it goes. Last time it went through[1].
       | 
       | [0]: https://github.com/microsoft/grpc_bench/pull/1
       | 
       | [1]: https://github.com/dotnet/sdk/pull/22262
       | 
       | EDIT: ...And, it's merged. I'm assuming the rest of the affected
       | repos will be fixed as well and an apologetic blog post issued by
       | Monday. Anyone who feels that's too long time can always open
       | corresponding PRs instead of wasting their time by replying to
       | this with how that's not our job. Happy holidays.
        
         | 3np wrote:
         | Another aspect of this: Rejecting such a change, or
         | indefinitely leaving it hanging as open, is a _much_ worse look
         | than simply ignoring all the complaints (which is already bad
         | enough but has more plausible deniability). Providing a ready-
         | to-merge PR is effectively pushing them to take a public
         | stance.
        
       | goodpoint wrote:
       | Reminder: if you want to protect your software or your community
       | from similar issues you can use [A]GPL and let Free Software
       | Conservancy handle any legal battle on your behalf:
       | 
       | https://sfconservancy.org/copyleft-compliance/
        
       | rdpintqogeogsaa wrote:
       | I observe some confused comments on this page that seem to argue
       | that the MIT license doesn't come with a requirement to keep the
       | copyright line intact (which is demonstrably false, you don't get
       | two paragraphs into the license without finding the attribution
       | requirement).
       | 
       | The part that caught my interest is: How many people consciously
       | picked the MIT license when they actually meant a non-attribution
       | license?
        
         | throwaway2037 wrote:
         | I like your last question. Can you give an example of a "non-
         | attribution license"?
        
           | rdpintqogeogsaa wrote:
           | If you're attached to your copyright: 0-clause BSD is a thing
           | that exists[0]. Toybox uses it.
           | 
           | If you want to throw your copyright out the window: The
           | commonly accepted solution seems to be CC-0[1], which tries
           | very hard to disclaim rights and limit liability in as many
           | jurisdictions as possible, complete with a fallback license
           | grant for failed public domain dedications. Because CC-0
           | makes some people uncomfortable despite the lengths it goes
           | to reach its goals, some projects work with dual-licensing to
           | cover the other side, such as Monocypher.
           | 
           | Neither of them address patents. If patents are something you
           | want to/need to address, you could perhaps paste the patent
           | clause from BSD-2-Clause-Patent onto 0-clause BSD.
           | 
           | See also the discussion on [2,3].
           | 
           | [0] https://spdx.org/licenses/0BSD.html
           | 
           | [1] https://spdx.org/licenses/CC0-1.0.html
           | 
           | [2] https://en.wikipedia.org/wiki/Public-domain-
           | equivalent_licen...
           | 
           | [3] http://landley.net/toybox/license.html
        
             | redthrow wrote:
             | I wondered why more FOSS projects aren't using CC0 instead
             | of "permissive" licenses like MIT, considering a lot of
             | folks who work in FOSS are against copyright/software
             | patents system in general, and most of them don't really
             | seem to care about attribution.
             | 
             | People who release code under MIT not only won't/can't take
             | legal action but they probably won't even bother writing an
             | email to the person who they believe violated the
             | attribution part.
        
               | numpad0 wrote:
               | Because permissive licenses promote proprietary use cases
               | and that's not what FOSS movement aims to achieve.
        
               | redthrow wrote:
               | MIT doesn't promote proprietary use cases any more than
               | CC0.
               | 
               | I do (somewhat but not really) get why people use GPL but
               | that's another story. Here we are only talking about
               | people who use MIT instead of CC0.
        
         | TrueDuality wrote:
         | I think most people explicitly choose MIT for this. It's a very
         | very free license, allowing you to do pretty much anything you
         | want with the code. Among the opensource developers I know the
         | one thing they consistently care about is attribution for the
         | work they've done for free.
        
       | axiosgunnar wrote:
       | Sure this might be an innocent mistake, but if you were to
       | infringe a nanometer on Microsoft intellectual property, never in
       | hell would they be like ,,oh an innocent mistake, we don't sue
       | you into oblivion then!"
        
       | ramsundhar20 wrote:
       | Is this the commitment, Microsoft shows towards Open source.
       | Things never change.
        
       | gjs278 wrote:
        
       | iamleppert wrote:
        
       | Tyriar wrote:
       | MS dev here. I contacted the internal repo owners to bring this
       | to their attention, people may be out for the holidays but I
       | expect it to get fixed up soon.
        
       | bennyp101 wrote:
       | Could be it got caught by mistake?
       | 
       | I know I can run "Update Copyright" on my projects in JetBrains -
       | could just be an innocent mistake that hit the wrong folder.
       | 
       | I know everyone jumps on the big corp as everything they do is
       | intentional, but it's the holidays, someone was doing a bit of
       | work, maybe not fully concentrating and hit push.
       | 
       | Seeing how quickly this was plastered everywhere, and the
       | responses to it, do you really, like REALLY think that this is a
       | deliberate play?
        
       | rolph wrote:
        
       | exdsq wrote:
       | It's fixed
       | 
       | https://github.com/microsoft/grpc_bench/pull/1/commits/30561...
        
       | noodlesUK wrote:
       | This is a clear violation of the MIT License. MSFT can and should
       | get in hot water over this. The copyright doesn't belong to them,
       | just a license to use the software.
        
         | alkonaut wrote:
         | They'll be in hot water on social media because of a the
         | automation mishap. Then it'll be corrected. There will be no
         | legal hot water.
        
       | sandworm101 wrote:
       | "You haven't changed at all. You're still evil. And when you're
       | trying to be good you're even more evil!" - LS
        
       | phkahler wrote:
        
       | franky_g wrote:
       | Ok Jeff
       | 
       | We forgive you...
       | 
       | ;)
        
       | bmitc wrote:
       | What's surprising to me about all the negative reactions
       | Microsoft receives, especially on here, is that from my point of
       | view, they are currently the most open out of all the big
       | companies (Google, Facebook, Apple, etc). I cannot remember a
       | time Apple has admitted to anything or made any effort to have
       | anything that could be considered open, but they do no wrong in
       | most people's eyes, where even a simple mistake by Microsoft gets
       | turned into some nefarious narrative.
        
         | peakaboo wrote:
         | Yes they are still working on world domination and needs to act
         | kind and responsible, unlike Google and Apple that is ahead of
         | them.
         | 
         | If Microsoft had the most popular search engine and the most
         | popular mobile operating system, they would be gathering all
         | our data and putting ai robots to answer our questions.
         | 
         | These big tech companies do not have the best interest of us in
         | mind. They are a force for centralization of power into the
         | hands of billionaires.
         | 
         | It doesn't have to be this way but it requires users to smell
         | the coffee and want another Internet and another big tech
         | industry.
        
         | throwaway82931 wrote:
        
         | Barrin92 wrote:
         | what surprises me the most about Microsoft related hate is
         | that, despite the fact that they had (still have pretty much)
         | control over the OS market they never locked their system down
         | or charged people in any capacity.
         | 
         | People take it for granted that you can just run what you want
         | on your windows machine but they could have turned it into
         | smartphone style locked down system. Imagine if every app
         | developer in history had to fork 15-30% of their sales over to
         | Microsoft just for building on Windows, they could have made a
         | trillion bucks or something.
        
           | viraptor wrote:
           | While it's not locked, they're certainly pushing you that
           | way. For example the only built-in installer for VS projects
           | right now essentially gives you a choice of either a plain
           | directory of files, or a nice process to release to the
           | windows store. Want a simple MSI/installer - deal with the
           | pain yourself.
           | 
           | Once you do try to distribute your own app, you need to shell
           | out >$200/yr for code signing certificates which pass the
           | smartscreen filter, otherwise your app will be randomly
           | prevented from running.
           | 
           | And other issues... With every version things get just a tiny
           | bit more inconvenient for out-of-store software releases.
        
           | Mikeb85 wrote:
           | They didn't do it because regulators were already on them,
           | hard. They literally funded Apple to try have a competitor so
           | they wouldn't be broken up. A judge did, at one point, rule
           | that they should be broken up anyway.
        
           | emodendroket wrote:
           | Well we're all just lucky nobody had thought of that yet.
        
           | bayindirh wrote:
           | > they never locked their system down
           | 
           | Oh, they wanted to do it badly, since 1999. See the Bill
           | Gates' memo on the issue [0].
           | 
           | [0]: http://antitrust.slated.org/www.iowaconsumercase.org/011
           | 607/...
        
         | dang wrote:
         | We detached this subthread from
         | https://news.ycombinator.com/item?id=29685852.
        
         | Kye wrote:
         | Releases of all open source things Apple uses, by OS:
         | https://opensource.apple.com/releases/
         | 
         | These mostly link to repositories under one of their GitHub
         | organizations: https://github.com/apple-oss-distributions/
         | 
         | Apple's open source projects:
         | https://opensource.apple.com/projects/
         | 
         | Which mostly link to repositories under their main GitHub
         | organization: https://github.com/orgs/apple/repositories
        
           | glandium wrote:
           | Note these are thrown-over-the-wall source dumps, with no
           | valuable VCS history, nothing more recent than at least 2
           | releases ago, and sending a PR will likely only receive
           | crickets (said as someone who recently found an easily
           | patchable bug in dyld, contemplated the idea of opening a PR
           | and was told by an ex-colleague who now works at Apple that
           | my best shot would be through feedbackassistant.apple.com).
           | 
           | BTW, those repos don't take issues.
        
             | dapids wrote:
             | I just got a security bug fixed last month in dyld in one
             | release cycle. Didn't strike me as difficult. I emailed
             | them, and they fixed it. Not much more to add then that.
             | Have you actually tried?
             | 
             | Also dyld isn't just some thrown-over the wall code. It's
             | completely designed and built by Apple and is the
             | cornerstone to making the user-space runtime functional.
        
               | glandium wrote:
               | All the code designed and built by Apple is thrown-over-
               | the-wall. That's old-version-of-source-available, barely
               | open source.
               | 
               | I tried emailing ld64's author about a bug in the past
               | without success. I don't remember how I found their
               | name/address back then, but I sure can't find any names
               | or contact information for dyld right now...
        
               | dapids wrote:
               | What on earth are you talking about? ld64 is a completely
               | different beast than dyld in today's world.
               | 
               | Also, I'm not sure looking for individual points of
               | contact in a large org is the best idea. I emailed
               | security@apple.com. Even if it's not a security bug they
               | will help direct you to the right team.
               | 
               | Again, have you even tried?
        
               | glandium wrote:
               | > What on earth are you talking about?
               | 
               | I'm talking about trying to contact people at Apple about
               | bugs in their "open source" code.
               | 
               | Why would I send an email to security@apple.com for
               | something that is not a security issue?
               | 
               | > Again, have you even tried?
               | 
               | Yes, I tried for ld64 in the past, and I tried through
               | what I was told had the best chances to work by an Apple
               | employee this time for dyld. I'm not holding my breath,
               | though.
        
         | filomeno wrote:
        
           | simfree wrote:
           | Saas like Office 365 seems to be Microsoft's current flavor
           | of proprietary, closed software moving forward.
           | 
           | MS has released some quality open source code, there are many
           | organizations running fully open source stacks atop Dotnet
           | Core, in our case atop Debian and Postgres. Microsoft makes
           | no money off use cases like this (beyond hopefully selling
           | Azure VMs)
        
           | afiori wrote:
           | Chrome is not open source, Chromium is.
        
           | baumatron wrote:
           | Edge is released as open source in literally the exact same
           | way Chrome is. Microsoft is a Chromium stakeholder and
           | contributor as well.
        
         | Mikeb85 wrote:
         | Please, Google contributes far more to open source than both.
         | Between Chromium (which seemingly most other browsers are based
         | on now as well as things like VSCode) to Android, GSoC, Golang,
         | Dart/Flutter, the Linux kernel and a bunch of other random
         | stuff, Google has probably done as much or more for the open
         | source ecosystem than pretty much anyone.
         | 
         | Pretty much MS' only useful contributions to open source are
         | from MS Research, everything else feels like a Trojan horse,
         | designed to make you like them and then lock you in to
         | something proprietary later.
         | 
         | Lots of plugins don't work on open-source VSCode, they tried a
         | bait and switch with .NET features, Windows 11 has a bunch of
         | anti-patterns, GitHub is being dodgy about how they train
         | Copilot, etc...
        
           | thisoneistheone wrote:
        
           | neatze wrote:
           | Google also contributes substantially to coreboot, I would
           | not be surprised if Microsoft started working in open source
           | because of google.
        
         | sangnoir wrote:
         | > ...from my point of view, they are currently the most open
         | out of all the big companies (Google, Facebook, Apple, etc)
         | 
         | I'm curious to know how you're measuring openness. I agree
         | Apple is the least open of the group, but Facebook and Google
         | owe their existence to FLOSS, and were always in harmony with
         | it from their origins.
        
           | billti wrote:
           | But is Facebook the product or it's social/recommendation
           | algorithms open source? Is Google's search engine or ad
           | platform open source?
           | 
           | Companies are open source where it's of value to them, but
           | they don't give away the family jewels if they can help it.
        
         | dapids wrote:
         | Literally half the operating system is open source macOS, they
         | have an entire site dedicated to it. opensource.apple.com.
         | 
         | Oh and don't forget googles ridiculous amount of effort poured
         | into Android open-source source tree, just to name one of many.
         | 
         | I honestly can't tell if you are trolling here or not.
        
           | [deleted]
        
         | alsetmusic wrote:
         | > I cannot remember a time Apple has admitted to anything or
         | made any effort to have anything that could be considered
         | open...
         | 
         | This was a while back, but Tim Cook apologized[0] after a
         | poorly received rollout of Apple Maps. That said, I applaud
         | this response and agree that more like it is needed across the
         | industry.
         | 
         | [0] https://techcrunch.com/2012/09/28/tim-cook-apologizes-for-
         | ap...
        
         | DistractionRect wrote:
         | Perhaps I'm the one misinterpreting your comment, and the
         | others have it right.
         | 
         | I'm assuming you mean open as in communication. Apple basically
         | is a stone wall, facebook just spouts empty platitudes, google
         | processes are opaque and unyielding (unless you know a someone
         | or raise a massive community response on social media), but
         | Microsoft continues to be staffed by humans.
         | 
         | They aren't a shining pillar of FOSS, but they've taken some
         | good steps in the right direction in the past few years. And of
         | all of them, user feedback, support, and escalation seems to
         | still be handled by people instead of algorithms
        
         | robertlagrant wrote:
         | Google contributed the enormous k8s to the community, which has
         | thankfully made Microsoft's proprietary Service Fabric mostly
         | go away.
         | 
         | Apple have caught huge flak recently e.g. for the phone-local
         | image scanning software.
        
           | zekrioca wrote:
           | Although Google was the one which prepared it for production
           | before its releasing, k8s originated from academia (more
           | precisely, University of Massachusetts Amherst).
           | 
           | Ps.: check follow up comments. My comment in here is wrong.
        
             | jsnell wrote:
             | Do you have a source for that claim?
        
               | zekrioca wrote:
               | My mistake. One of its founders has a PhD from there
               | (thus my mistake), but k8s was actually created while he
               | was working at Google, after his PhD (which has nothing
               | to do with k8s..).
        
               | zekrioca wrote:
               | [1] https://kubernetes.io/blog/2018/07/20/the-history-of-
               | kuberne...
        
         | novok wrote:
         | Apple is active in their OSS work although, if you go look at
         | their OSS project forms and such. Look at webkit, swift, etc.
        
       | brisad wrote:
       | Since they also removed a full stop at the end...
       | 
       | What is the point of using all caps? For me it makes legal texts
       | like these really annoying to read. I'm not a native English
       | speaker, is that really correct English writing? Aren't there
       | clear rules when to use capitalization? Like, at the beginning of
       | sentences. Feels like they are abusing the language.
       | 
       | Can they just lower case the paragraphs, to make things more
       | convenient to read? Or does that change the legal meaning? For me
       | it would feel like they would stop screaming :-)
        
         | brianwawok wrote:
         | https://www.termsfeed.com/blog/all-caps-legal-agreements/amp...
         | 
         | It's legally important
        
           | feanaro wrote:
           | Your text says it's not. What's legally important is to make
           | certain parts of the text _conspicuous_.
           | 
           | Using all-caps is one way of achieving this, but there are
           | other options, such as using a different typeface, font size
           | or colour.
        
             | numpad0 wrote:
             | BUT ALL - CAPS TEXT IS EASIEST AND AT LEAST TO ME SOUND
             | RIGHTEOUS ENOUGH. I THINK THIS IS A CLASSIC CASE OF QUOTE
             | IT AIN'T STUPID IF IT WORKS END QUOTE.
        
             | Ensorceled wrote:
             | How do you use a different typeface in a plain text file?
        
               | rdpintqogeogsaa wrote:
               | _Disclaimer_ : I am not a lawyer. The following is not
               | legal advice and, in particular, has not been tested in
               | court to the best of my knowledge.
               | 
               | You can't use a different typeface, font size or color in
               | a plain text document. That does not mean you have no
               | options. The criterion is that it is "written, displayed,
               | or presented that a reasonable person [...] ought to have
               | noticed it."
               | 
               | Consider the following:                   Nihil  harum
               | autem  impedit  commodi  ut  occaecati.   Nihil
               | quisquam ab molestiae veritatis consectetur.  Quis
               | molestias         sunt  facere  tempore  est.  Eum quia
               | quisquam veritatis illo         minus sint atque ipsa.
               | Omnis optio ducimus  minus  nemo  non         deleniti
               | voluptas.   Blanditiis  nisi  eum  eum beatae fugit
               | delectus.  Optio neque sed nostrum veniam eos.  Culpa ut
               | no-         bis  rem  est dignissimos est eum sed.
               | Occaecati dignissimos         eveniet odit aut est ipsum
               | minus nisi.
               | !! IMPORTANT !!
               | DISCLAIMER OF WARRANTY
               | The software is provided "as is", without warran-
               | ty of any kind, express or implied, including but
               | not limited to the warranties of merchantability,
               | fitness for a particular purpose and noninfringe-
               | ment.  In no event shall the authors or copyright
               | holders be liable for any claim, damages or other
               | liability, whether in an action of contract, tort
               | or  otherwise, arising from, out of or in connec-
               | tion with the software or the use or other  deal-
               | ings in the software.
               | Unde sint ab qui ut.  Debitis qui deserunt fugiat aut
               | nihil         impedit vel saepe.  Et ad voluptas quia.
               | Omnis libero  ni-         hil  perferendis  aut  ab.
               | Illo et neque voluptatibus.  Et         animi consequatur
               | enim eius aut at veritatis.  Modi error a         ratione
               | tempore  velit inventore.  Accusantium accusantium
               | et quam quis nemo id.
               | 
               | This seems rather noticeable to me, gets to the point,
               | and is considerably more readable.
               | 
               | By using the all-caps sparingly, we've made way to draw
               | attention to the heading, then offset the passage with
               | large amounts of whitespace to draw attention to the
               | passage itself. At the same time, this keeps readability
               | of the actual text that you want people to read.
        
           | garaetjjte wrote:
           | Arguably all-caps is harder to read, making these clauses
           | less conspicuous.
        
             | kube-system wrote:
             | "Easy to read" is not part of the criteria. The definition
             | is explicit.
             | 
             | > "Conspicuous", with reference to a term, means so
             | written, displayed, or presented that a reasonable person
             | against which it is to operate ought to have noticed it.
             | Whether a term is "conspicuous" or not is a decision for
             | the court. Conspicuous terms include the following: (A) a
             | heading in capitals equal to or greater in size than the
             | surrounding text, or in contrasting type, font, or color to
             | the surrounding text of the same or lesser size; and (B)
             | language in the body of a record or display in larger type
             | than the surrounding text, or in contrasting type, font, or
             | color to the surrounding text of the same size, or set off
             | from surrounding text of the same size by symbols or other
             | marks that call attention to the language.
        
         | [deleted]
        
         | vegetablepotpie wrote:
         | Apparently it comes from commercial codes from the '50s, which
         | says that important text must be _conspicuous_ [1]
         | 
         | Conspicuous could mean all caps, contrasting text, or different
         | colors. My guess is that CAPITALIZATION was used because most
         | typewriters at the time could do caps, whereas doing different
         | font sizes, colors, bold would have required a special
         | expensive machine. When technology evolved, lawyers being
         | process oriented creatures, stuck with all caps because it was
         | the way things were always done, and therefore safe to do.
         | 
         | [1] https://www.termsfeed.com/blog/all-caps-legal-agreements/
        
       | stillicidious wrote:
       | Someone has pushed a button and it's run the equivalent of
       | cookiecutter on the repo.
       | 
       | Original author could send a DMCA, or they could simply enjoy
       | Christmas and assume a ticket will undo this sometime in January.
        
         | radicalbyte wrote:
         | This, the reason why we have the DMCA is to protect copyright
         | holders, now the copyright holders should exercise their right.
        
           | uda wrote:
           | What? no, this goes entirely against the idea of laws.
           | 
           | Copyright laws have one major purpose: protect the right
           | holders. It does so by giving them tools to mitigate their
           | loses by deterring people from infringing.
           | 
           | If a right holder has to invest more time in complaining on
           | people about infringement than actually having time to do
           | other stuff, like creating, then we've got it all wrong.
        
       | noodlesUK wrote:
       | The relevant Reddit thread also points out that MSFT has
       | illegally relicensed Apache licensed Apple software in the same
       | way. Apple is very litigious...
       | 
       | https://github.com/microsoft/cups
        
         | ognarb wrote:
         | I created an issue in the original cups repo:
         | https://github.com/OpenPrinting/cups/issues/315
        
           | bayindirh wrote:
           | I was contemplating a PR with original license, but your
           | course of action is much better.
        
         | 88j88 wrote:
         | I guess this is grounds for a valid DMCA take down? They are
         | obviously breaking license agreement, effectively stealing
         | copyrighted software.
        
         | noodlesUK wrote:
         | It looks like Jeff Wilcox who seems to be in a decision making
         | position about this has addressed this (on Christmas no less),
         | and I think whilst this is bad and definitely violating, I
         | don't think there was any ill intent, and I hope we can all put
         | the pitchforks down for a while.
        
       | TedShiller wrote:
       | Microsoft
        
       | abhishekjha wrote:
       | Hey, why are the comments repeating on the page? Is this a UI
       | bug?
        
       ___________________________________________________________________
       (page generated 2021-12-25 23:00 UTC)