Terms of Use: Update licensing policy

TermsOfUse.md

@@ -9,7 +9,7 @@ We welcome you ("you" or the "user") as a contributor, user, editor or reader, a
 ## § 1 What we provide
 (1) For Free and Libre Open Source Software (FLOSS) projects, the Codeberg e. V. provides various services like a public repository and version control system, wiki, and issue tracker hosting under certain terms and conditions. These services are referred to as "service", "hosting" and "platform" in this document.
 
-(2) Our service is open for all projects covered by a free software or open source licence, as defined by either the Free Software Foundation (FSF) or the Open Source Initiative (OSI).
+(2) Our service is open for all projects covered by a licence for free and open source software, free and open source hardware, or free cultural works as defined by § 2 (1) 1.
 
 (3) Codeberg is a non-profit organization funded by member contributions and donations. The service relies on member contributions and donations.
 
@@ -18,12 +18,26 @@ We welcome you ("you" or the "user") as a contributor, user, editor or reader, a
 
 ## § 2 Allowed Content & Usage
 (1) By using Codeberg, you agree to adhere to the following rules when posting content (like repository contents, wiki articles, issue comments, etc.):
-1. Repository content shall be licensed under an open-source license approved by the Free Software Foundation ([see list of the FSF](https://www.gnu.org/licenses/license-list.html)) or the Open Source Initiative ([see list of the OSI](https://opensource.org/licenses/)).  
-   Reasonable exceptions are to a very limited extent considered acceptable. For example, releasing single logo image files of a FLOSS project under no licence or a separate non-free licence that requires derivative works to use their own logo that is clearly distinguishable from the original work even in absence of trademark registration.
+1. Public repository content shall be made available under a copyright licence which gives all natural and legal persons the following rights in the content:
+
+  - the right to use the content for any purpose, including both commercial and non-commercial purposes;
+  - the right to make unlimited copies of the content and redistribute those copies to others, with or without charge;
+  - the right to examine the content and determine how it works and/or how it was made;
+  - the right to make their own modifications to the content, to use the content with those modifications privately;
+  - and the right to redistribute copies of the content which include their own modifications, with or without charge.
+
+  Copyright licences of this kind are referred to as ‘licences for free and open source software, free and open source hardware, or free cultural works’. Examples of such licences include those created or approved [for free software projects by the Free Software Foundation](https://www.gnu.org/licenses/license-list.html), [for open source projects by the Open Source Initiative](https://opensource.org/licenses), and [for free cultural works by Creative Commons](https://creativecommons.org/public-domain/freeworks/). Note, however, that the Creative Commons licences with Non-Commercial (NC) or No Derivatives (ND) restrictions are not licences for free cultural works and thus do not fulfil the licensing requirement.
+
+  As an exception to this requirement, works which primarily describe the personal opinions or experiences of the author, or which embody the unique personal creative spirit of the author, may be included in public repositories under a copyright licence which does not allow modification and/or commercial use, such as a Creative Commons licence with NC or ND restrictions.
+
+  Public repository content may also be distributed with a declaration which entirely abandons copyright in the work to the public domain. Public repository content may also include works which are no longer covered by any copyright due to expiration. Crediting the original authors of public domain content is encouraged.
+
+  Other exceptions may be considered acceptable to a limited extent.
 2. Private repositories are only allowed for things required for FLOSS projects, like storing secrets, team-internal discussions or hiding projects from the public until they're ready for usage and/or contribution. They are also allowed for really small & personal stuff like your journal, config files, ideas or notes, but explicitly not as a personal cloud or media storage.
-3. Forks, migrations and testing repos are considered as inactive when they don't contain unique contributions and are inactive for more than a month. They shouldn't be kept for a prolonged amount of time, and thus might be removed after notifying maintainers and providing a 90 days period to ask for preservation.
-4. Repositories and attachments may not contain harmful code that can be run accidentally during normal development workflow and should use proper disclaimers and protections if applicable. Furthermore, software that is clearly written to do harm to other computers is only allowed in the context of security research or education and must be flagged accordingly.
-5. You must not share any content that's expressing hate or encouraging violence towards a person or group for any reason. We also *explicitly* do not tolerate:
+3. You must only share content on Codeberg which you have the explicit right under copyright and other laws to share under the legal terms with which the content is made available on Codeberg.
+4. Forks, migrations and testing repos are considered as inactive when they don't contain unique contributions and are inactive for more than a month. They shouldn't be kept for a prolonged amount of time, and thus might be removed after notifying maintainers and providing a 90 days period to ask for preservation.
+5. Repositories and attachments may not contain harmful code that can be run accidentally during normal development workflow and should use proper disclaimers and protections if applicable. Furthermore, software that is clearly written to do harm to other computers is only allowed in the context of security research or education and must be flagged accordingly.
+6. You must not share any content that's expressing hate or encouraging violence towards a person or group for any reason. We also *explicitly* do not tolerate:
    - Discriminatory behaviour towards and promoting oppression, especially of marginalized groups on grounds of ethnicity, gender, disability, nationality, education, age, and religion.
    - Violent nationalist propaganda, Nazi symbolism or promoting the ideology of National Socialism.
    - Mobbing, stalking, doxxing (exposing someone's personal information), brigading (inciting a group to spam a specific place for any reason), threatening and harassment, as well as encouraging others to do those things.