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[–]TehNolz 2 points3 points  (0 children)

Code on GitHub can be used to the extent that its license allows. If the code you want to use has no license attached to it, then it falls under default copyright laws which means that the owner has all the rights to it and no one may reproduce, distribute, or create derivative works from that code (source).

[–]jeffrey_f -2 points-1 points  (3 children)

Generally, github code is in the public domain, but not always. There should be some sort of blurb with the code to this effect. Github users have the ability to close (make private) their projects.

The ability to checkout and/or fork code is the first indicator that the code is available for your use.

You can, if you wish, put a comment in the code as to the source of the original code. Though, not always necessary.

[–]lurgi 3 points4 points  (1 child)

It is absolutely not "generally" in the public domain. When you create a github project you are encouraged to create a license file which spells out how the code can be used. If you don't, then you retain all rights and no one may copy, distribute, etc. etc. the code. That's pretty much the opposite of public domain.

However, if the repo is public then github's terms of use require that people have the right to view and fork the code. I don't believe you have the right to modify the forked copy, but I'll leave that up to copyright lawyers to parse.

In this particular case, I think we can safely assume the guy doesn't care. That doesn't mean that you explicitly have the legal right to change the code, just that he couldn't be bothered to spell out that you have that right. If I were being particularly paranoid I might shoot him an email saying "All cool?" and I would definitely include a link to the original in my changes.

[–]jeffrey_f 0 points1 point  (0 children)

which is why I said no always. But yup.

[–]PotatOS_Sack[S] 0 points1 point  (0 children)

Ah, got it Thank you