Reusing open-source code that doesn’t specify a license

code-reuselicensing

I am creating a module for a CMS. I found a PHP code in github that does some work for me. The author has not clearly stated the license for the code. Since it is in github and is publicly available, can I use the code in my module or should I get the author's written permission? I am planning to sell my module for a small price.

Best Answer

Since it is in github and is publicly available, can I use the code in my module...

NO.

...or should I get the author's written permission?

YES.

In all 166 nations that are signatories to the Berne Convention, copyright is granted to an author when the work is created. The author holds a monopoly on all copyright rights (creating modifications, creating and distributing copies, etc.). You -- as someone who is not the author -- have been granted none of those rights.

A license is a mechanism by which the rights-holder (here, the author) grants some set of rights to a recipient (here, you). You say that the author has not offered any license, which means by default that the author has reserved all of his rights. The fact that the author has made his code publicly viewable does not mean that you have been granted any rights beyond the right to view the code. The right to make derivative works and the right to redistribute the code are not rights that you currently have.

Since you mention that code is on Github, it's worth mentioning that the Github TOS have this to say about material hosted on their site:

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

Hosting on Github means that the author grants others the right to "view" and to "fork" the repository. Here, "fork" probably just means "use Github's fork feature", which creates a repository clone, hosted on Github. I admit the Github's use of the term "fork" here is ambiguous, but if my reading is correct, then in no way does this appear to grant you any right to:

  • copy the code outside the context of a Github fork
  • make any modifications to the forked code
  • incorporate the author's code into your own

The bottom line is: you don't have the right to distribute this code. It's possible that the author wants people to use his code freely, but neglected to include a license. Tell the author that the lack of a license has blocked your use of the code, and encourage the author to add a some mainstream OSI- or FSF-approved license to the repository.

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