GitHubs Requirements for Open Source Projects: Licenses and Public Repositories

Introduction

When it comes to hosting and sharing code on GitHub, understanding the requirements and best practices for open source projects is crucial. This guide aims to clarify whether a non-paid GitHub code repository requires an open source license, and provides guidance on managing public repositories on GitHub.

Policy Overview

Historically, GitHub did not strictly enforce the requirement for a non-paid code repository to have an open source license. However, with evolving best practices and the increasing importance of transparent and collaborative software development, the need for licenses has become more significant.

GitHub's Current Position

According to GitHub Help:

You're under no obligation to choose a license. However, without a license, the default copyright laws apply, meaning that you retain all rights to your source code and no one may reproduce, distribute, or create derivative works from your work. If you're creating an open source project, we strongly encourage you to include an open source license. The Open Source Guide provides additional guidance on choosing the correct license for your project.

Currently, GitHub strongly recommends including an open source license in your repository to encourage open collaboration and protect your code.

Public Repository Access

The GitHub Terms of Service clearly state that if you publish your source code in a public repository on GitHub, other GitHub users have the right to view and fork your repository within the GitHub site. This means that even without an explicit license, your code is still accessible, but under the default copyright laws, you retain all rights to your source code. Nonetheless, many developers opt for an explicit license to avoid any potential legal ambiguity and to foster a community of contributors.

Note: If you publish your source code in a public repository on GitHub according to the Terms of Service, other GitHub users have the right to view and fork your repository within the GitHub site. If you have already created a public repository and no longer want users to have access to it, you can make your repository private. When you convert a public repository to a private repository, existing forks or local copies created by other users will still exist. For more information, see

While converting a public repository to a private one helps restrict access, it is important to note that forks and local copies may still exist, potentially leading to unintentional exposure of your code.

Best Practices for Managing Your Repository

To ensure the best experience for both contributors and maintainers, consider the following best practices:

Choose an Appropriate License: The Choose a License website provides a comprehensive list of open source licenses. Select the one that best suits your project's needs. Document Your Change Log: Regularly update your file to reflect changes, contributors, and the latest version of your project. Consider Repository Publicity: If you want to restrict access, consider starting with a private repository and then making it public once you are ready to share your code openly. Use Issue Tracking: Utilize GitHub's issue tracking system to manage bugs, feature requests, and other improvements.

Conclusion

In summary, while GitHub does not strictly enforce the need for an open source license, the benefits of having one are numerous, especially for open source projects. By including a license, you ensure that your code is legally protected, and you can reap the benefits of an open and collaborative community. Managing your repository effectively is crucial for both your project's success and the health of the open source ecosystem.