54

Years ago somebody created a bunch of really awesome and popular scripts. But they were not updated for a long, now they no-longer work (target platform were updated, and some changes are needed).

He hasn't released it under any license. I want to fix the bug (currently, many of the target users can't use it), and post it on GitHub, preferably under a public-domain style OSS license. I wonder what the legal ramifications might be?

I have sent an email to the author, but (let's say) he didn't reply to my email.

What we should do in the following this into 2 cases:

  • If the script is posted on a private website (without any source control).
  • If the script is posted on GitHub (without any licensing hints).

However, one can clearly see, that it seems open source - intended to be used/modified/whatever.

T.Todua
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Abhi Beckert
  • 772

6 Answers6

61

Short answer: absolutely not.

Everything a person writes, whether it is software or text, is automatically under copyright. The default state of any text is that it is completely owned by the author and no one has rights to do anything with it without express permission of the author. A few decades ago, an author used to have to assert copyright in order to retain it, but this is no longer the case.

You can even see on sites like this legal text down there that states that I agree that this post I am typing is available under a certain license. If that wasn't there, I'd retain all rights under the law.

Thus, if you cannot find any license information, then you cannot copy or modify it for any reason other than personal use.

Making something "open source" is a deliberate act and for you to treat it as such, you have to have found a license that tells you explicitly what your rights to the software are. This is even true of "public domain" software. That is, something is only "public domain" if it has either expired copyright (which mostly means it was written decades ago) or if the author has explicitly placed it in the public domain in writing.

In the case you describe, your only recourse is to contact the author and request that he allow you to do what you ask. To do otherwise is flatly illegal and in theory could lead to damages. (In practice, of course, you'd have to get caught.)

Edit: IANAL. Talk to one if you intend to do this.

25

It is clearly open source

and

he hasn't released it under any license

conflict. Just because you can see and even modify the source, doesn't mean it is open source. You cannot take this work and just give it a license, as it is not your work and you have not been granted a license to do so. You need the author apply a license to the work or make his intent clear in writing.

Insert "I am not a lawyer disclaimer" here.

Michael Dean
  • 854
16

Note: for any non-open-source code on github, you can still fork it - at least on github. This is useful because many of us will see the title "code with no license ... can I fork it?" and come here wondering about github. (I did not reproduce the words "open source" in the question text for the reasons mentioned in other answers.)

This minimal license is a result of the github terms of service and clarified in the Open Source FAQ:

What happens if I don't choose a license?

You're under no obligation to choose a license. It's your right not to include one with your code or project, but please be aware of the implications. Generally speaking, the absence of a license means that the default copyright laws apply. This means that you retain all rights to your source code and that nobody else may reproduce, distribute, or create derivative works from your work. This might not be what you intend.

Even if this is what you intend, if you publish your source code in a public repository on GitHub, you have accepted the Terms of Service which do allow other GitHub users some rights. Specifically, you allow others to view and fork your repository.

If you want to share your work with others, we strongly encourage you to include an open source license.

Here is the exact language from the Terms of Service:

... By setting your repositories to be viewed publicly, you agree to allow others to view and fork your repositories. ...

By the logic on patching, I believe this means you may even be able to upload 'patches' to your github fork, but I am not a lawyer and you should consult one if you have anything worth suing for...

To be very clear, this answer ONLY applies to github - and the terms may change over time - although other collaborative sites may have limited or permissive licenses if you search for them...

sage
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6

You cannot put the code under a different license. This is not your call to make; the original author still holds all the rights for his code. Since he put the code online, you can assume with good reason that the original author allows fair use and modification, and if your e-mails are not answered, you'll have to act on this assumption.

Put your changes under an OSS license, but leave a note with all the information about the original author and the missing license information in the code file. Then fix and redistribute.

thiton
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6

You can provide patches. As the distributor of those patches, you're not liable for infringement anyway (they're trivial: filepath X has become filepath Y).

The combination of the original, copyrighted work and your patches is protected as a derived work. That means the combination cannot be distributed, but that's not needed anyway: the patching will be done by (or on behalf) of the end users.

MSalters
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5

You could try contacting the original author and asking if he would let you use the code under some suitable license and then go from there.

compman
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