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Intellectual Property Infringement Prohibition

Medium severity High confidence Explicitdocumentlanguage Rare · 1 of 343 platforms
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Document Record

What it is

The agreement prohibits posting content that infringes patents, trademarks, trade secrets, copyrights, rights of publicity, or other proprietary rights, covering the full range of intellectual property categories.

This analysis describes what GitHub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes user obligations regarding intellectual property across all content posted to GitHub, and violations may trigger content removal or account suspension under GitHub's DMCA takedown process and the broader AUP enforcement authority.

Consumer impact (what this means for users)

Under this clause, users are prohibited from posting content that infringes any intellectual property right, and infringing content is subject to removal under both this policy and GitHub's DMCA takedown procedures. The agreement does not limit this obligation to copyright; it extends to patents, trademarks, trade secrets, and rights of publicity.

How other platforms handle this

Shopify Medium

You may not use the Shopify Services to offer, sell, or facilitate the sale of: Counterfeit goods: Sale of counterfeit goods or use of another's intellectual property without authorization or in a manner that otherwise infringes on another's intellectual property rights.

Acorns Medium

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distri...

Xbox Medium

When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) in or in connection with our products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly per...

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
You may not post any information that infringes or violates someone else's patent, trademark, trade secret, copyright, right of publicity, or other proprietary right.

— Excerpt from GitHub's GitHub Acceptable Use Policies

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

1) REGULATORY LANDSCAPE: This provision directly engages the Digital Millennium Copyright Act (DMCA), under which GitHub operates a notice-and-takedown process. Patent and trademark infringement claims may engage federal patent law (35 U.S.C.) and the Lanham Act respectively, though GitHub's enforcement mechanism for those categories is less precisely defined than its DMCA process. The FTC Act may also be relevant to deceptive practices involving third-party intellectual property. 2) GOVERNANCE EXPOSURE: Medium. The breadth of the prohibition (covering patents, trade secrets, and rights of publicity in addition to copyright) extends beyond the DMCA's specific safe harbor framework. GitHub's liability protections under the DMCA safe harbor apply specifically to copyright; the policy's assertion of a broader IP prohibition may create enforcement complexity for open source repositories that include third-party code under licenses with patent or trademark implications. 3) JURISDICTION FLAGS: EU users may have additional protections or exposure under the EU Copyright Directive (Article 17), which imposes upload filter obligations on certain platforms. Open source projects incorporating code subject to patent claims in multiple jurisdictions should assess jurisdiction-specific risk. 4) CONTRACT AND VENDOR IMPLICATIONS: Organizations using GitHub to host proprietary code or open source projects with complex licensing should confirm that their repository content and CI/CD outputs comply with this provision. Third-party integrations and marketplace apps published through GitHub Marketplace should be assessed for potential IP infringement exposure. 5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm that code repositories, documentation, and published packages do not include third-party patented methods, trademarked terms used without authorization, or content that could constitute a right of publicity violation. Where open source licenses are used, license compatibility and attribution requirements should be audited.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has jurisdiction over unfair or deceptive practices, including misrepresentation of intellectual property rights or deceptive use of third-party trademarks
    File a complaint →

Applicable regulations

DSA
European Union

Provision details

Document information
Document
GitHub Acceptable Use Policies
Entity
GitHub
Document last updated
May 12, 2026
Tracking information
First tracked
May 20, 2026
Last verified
May 20, 2026
Record ID
CA-P-012415
Document ID
CA-D-00790
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
4cb1cc8f63e15186f39023d0124a0552f90d900ee77625b9086bf67218c19c3e
Analysis generated
May 20, 2026 21:06 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: GitHub
Document: GitHub Acceptable Use Policies
Record ID: CA-P-012415
Captured: 2026-05-20 21:06:09 UTC
SHA-256: 4cb1cc8f63e15186…
URL: https://conductatlas.com/platform/github/github-acceptable-use-policies/intellectual-property-infringement-prohibition/
Accessed: June 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does GitHub's Intellectual Property Infringement Prohibition clause do?

This provision establishes user obligations regarding intellectual property across all content posted to GitHub, and violations may trigger content removal or account suspension under GitHub's DMCA takedown process and the broader AUP enforcement authority.

How does this clause affect you?

Under this clause, users are prohibited from posting content that infringes any intellectual property right, and infringing content is subject to removal under both this policy and GitHub's DMCA takedown procedures. The agreement does not limit this obligation to copyright; it extends to patents, trademarks, trade secrets, and rights of publicity.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.

Is ConductAtlas affiliated with GitHub?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.