IANAL. I'm just a random person who studied the book, "Open Source Licensing: Software Freedom and Intellectual Property Law," by Lawrence Rosen.
The OP doesn't mention D.4 much. The first paragraph of D.4 seems fine to me. But I worry the "clarification" (2nd paragraph) in D.4 could potentially cause problems:
> That means you're giving us the right to do things like reproduce your content (so we can do things like copy it to our database and make backups); display it (so we can do things like show it to you and other users); modify it (so our server can do things like parse it into a search index); distribute it (so we can do things like share it with other users); and perform it (in case your content is something like music or video).
Is "modify it" the same as "create derivative works"? If so, seems you've granted Github the right to "modify it" and "distribute it" potentially without any restrictions.
The OP doesn't mention D.4 much. The first paragraph of D.4 seems fine to me. But I worry the "clarification" (2nd paragraph) in D.4 could potentially cause problems:
> That means you're giving us the right to do things like reproduce your content (so we can do things like copy it to our database and make backups); display it (so we can do things like show it to you and other users); modify it (so our server can do things like parse it into a search index); distribute it (so we can do things like share it with other users); and perform it (in case your content is something like music or video).
Is "modify it" the same as "create derivative works"? If so, seems you've granted Github the right to "modify it" and "distribute it" potentially without any restrictions.