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Can I put the extensionsGallery on my vscode fork? #31168

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evandrocoan opened this issue Jul 21, 2017 · 29 comments
Open

Can I put the extensionsGallery on my vscode fork? #31168

evandrocoan opened this issue Jul 21, 2017 · 29 comments
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extensions Issues concerning extensions license VS Code and component license issues

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@evandrocoan
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evandrocoan commented Jul 21, 2017

By default the https://github.com/Microsoft/vscode does not come with key:

"extensionsGallery": {
    "serviceUrl": "https://marketplace.visualstudio.com/_apis/public/gallery",
    "cacheUrl": "https://vscode.blob.core.windows.net/gallery/index",
    "itemUrl": "https://marketplace.visualstudio.com/items"
}

on its https://github.com/Microsoft/vscode/blob/master/product.json file. That entry is required to install extensions from the marketplace as showed on:

  1. https://stackoverflow.com/questions/37143536/no-extensions-found-when-running-visual-studio-code-from-source

Also there is this commits, where their developer putted the key:

  1. b00945f
  2. f1d0c1d

But sequentially removed it justifying:

Revert inadvertant change to product.json

Why they are removing it? Seems they are using it while developing, as we may see he let slip the line to the upper stream. Can I put it on my fork? Or I can only use it locally as they seem to be doing?


Related issues:

  1. Menu license links to non Open Source license #60 Command "Extensions: Install Extension" missing when running vscode from source
  2. Command "Extensions: Install Extension" missing when running vscode from source #2647 Command "Extensions: Install Extension" missing when running vscode from source
  3. Can't see extensions or load via command line #28253 Can't see extensions or load via command line
  4. How do I enable extensions in the extensions dir in OSS Dev mode #23831 How do I enable extensions in the extensions dir in OSS Dev mode
  5. Add marketplace extension installation details vscode-wiki#30 Add marketplace extension installation details
@vscodebot vscodebot bot added the extensions Issues concerning extensions label Jul 21, 2017
@joaomoreno joaomoreno assigned chrisdias and unassigned joaomoreno Jul 21, 2017
@joaomoreno
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joaomoreno commented Jul 21, 2017

cc @chrisdias @chrmarti

@MattSturgeon
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MattSturgeon commented Jul 24, 2017

Since b00945f was committed under the MIT license, I would argue that you can redistribute any changes from it under a MIT compatible license.

While you cannot copy from the product.json included in the proprietary VS Code product, I would maintain that the following text has been released under MIT and therefore can be redistributed within your fork.

"extensionsGallery": {
    "serviceUrl": "https://marketplace.visualstudio.com/_apis/public/gallery",
    "cacheUrl": "https://vscode.blob.core.windows.net/gallery/index",
    "itemUrl": "https://marketplace.visualstudio.com/items"
}

Being new to the project and conscious of Free Software licenses, I have never downloaded the propitiatory product, agreed to the license nor read any of the propitiatory code. My only knowledge of the above code comes through b00945f and this issue.

I am not a lawyer and this is not legal advice.

@egamma egamma added the *question Issue represents a question, should be posted to StackOverflow (VS Code) label Nov 3, 2017
@kenijo
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kenijo commented Dec 16, 2017

A question on the cacheURL: https://vscode.blob.core.windows.net/gallery/index

It looks like it hasn't been updated since March 2017. The most recent "lastUpdated" date is 2017-03.
It there anyway to get this fixed or to get working URL?

@dtinth
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dtinth commented Aug 6, 2018

Based on this comment, the answer is yes?

@ghost
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ghost commented Sep 2, 2018

Even if it wasn't licensed, the code in question is so tiny and generic (it's literally a few labels and web addresses) that I would question whether it's even copyrightable in the first place.

@chrisdias chrisdias added the license VS Code and component license issues label Sep 21, 2018
@jens1o
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jens1o commented Oct 3, 2018

@chrisdias any legal update?

@ivanfilhoz
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ivanfilhoz commented May 15, 2019

Acknowledging some public URLs and copying them into the settings file of your own product isn't a copyright infringement at all.

@nhooyr
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nhooyr commented Jun 4, 2019

@ivanslf its not just about copying the lines, the terms of use for the vs code marketplace state that it can only be used with visual studio products. It's not clear whether that includes forks.

tagattie added a commit to tagattie/FreeBSD-VSCode that referenced this issue Jul 6, 2019
@bpasero bpasero removed the *question Issue represents a question, should be posted to StackOverflow (VS Code) label Oct 8, 2019
@rrmckinley
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rrmckinley commented Mar 31, 2020

This exists now
https://projects.eclipse.org/proposals/eclipse-open-vsx-registry
https://devclass.com/2020/03/31/eclipses-theia-sees-1-0-declared-not-your-parents-ide/

http://open-vsx.org/ Extensions for VS Code Compatible Editors

Sven Efftinge, co-founder of both Gitpod and TypeFox... continued, “Microsoft prohibits non-Visual Studio products from installing any binaries downloaded from their marketplace.”

So, “We encourage VS Code extension developers to push their extensions to Open VSX in addition to Microsoft’s marketplace.” Open VSX is “an open-source implementation of a VS Code extension registry that we have developed under the umbrella of the Eclipse Foundation”.

@ivanfilhoz
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ivanfilhoz commented Mar 31, 2020

@nhooyr @rrmckinley I wasn't aware of that, thanks.

For ethical reasons, I'm uninstalling VSCode immediately in favor of Theia.

Vendor Neutral
The Theia project is hosted at the Eclipse Foundation, a not-for-profit corporation, and is developed by a diverse community.
Unlike other "open-source" projects, projects hosted at an Open-Source Foundation are protected against single-vendor decisions against the interest of the diverse community. Learn more here.

@rrmckinley
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rrmckinley commented Mar 31, 2020

@ivanfilhoz It was announced today so very few people were aware.

eclipse-theia/theia#7072
eclipse-theia/theia@73bd544

If you get the chance, I'd love to hear your first impressions of Theia 1.0, thanks

I've created a feature request for the VSCodium project which would allow this on plain Code and not just Theia VSCodium/vscodium#372

@spoenemann
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spoenemann commented May 18, 2020

For ethical reasons, I'm uninstalling VSCode immediately in favor of Theia.

@ivanfilhoz Theia is not an editor/IDE, but a framework for building IDEs. There's no generic Theia-based application that you could download at the moment. But of course anyone is free to start a new project using Theia to build an Electron app that mimics VS Code.

@ankit2web
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ankit2web commented Feb 2, 2021

I think I need to uninstall vscode effective immediately considering this issue is open since 2017 & the legality of this issue hasn't been yet decided.

@therealdandecker
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therealdandecker commented Feb 10, 2021

I interpret from this link shared earlier in this thread that the Visual Studio Marketplace is closed source and its not legal to use the marketplace in another distribution of the open source code. Microsoft explicitly states it in their vscode repo.

@tajetaje
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tajetaje commented Apr 27, 2022

Any update on any internal discussion on this in the last fourteen months? Even a simple "we can't give any legal advice here" would be fine, but unless I missed someone nobody from Microsoft has said anything for almost FIVE YEARS. Any information at all would be much appreciated!

@toddewilliams
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toddewilliams commented May 24, 2022

Since Microsoft won't directly interpret their Visual Studio Marketplace Terms of Use for you, I will since they're quite clear:

Short Answer: NO, YOU CANNOT LEGALLY USE THE MICROSOFT MARKETPLACE IN ANY NON-MICROSOFT PRODUCT.

Long Answer: To see this for yourself, begin by selecting the Terms of Use link at the bottom of the Marketplace page.

In Section 1b of the Terms of Use, please note the following prohibition stating how the marketplace may legally be used:
Marketplace Offerings are intended for use only with In-Scope Products and Services and you may install and use Marketplace Offerings only with In-Scope Products and Services.

OK, so you can only use the marketplace to install software for use by "in-scope products and services". So what are those?

That is answered in the introductory paragraph of the Terms of Use:
The Marketplace enables you to access or purchase products or services which are designed to work with and extend the capabilities of Microsoft Visual Studio, Visual Studio for Mac, Visual Studio Code, GitHub Codespaces, Azure DevOps, Azure DevOps Server, and successor products and services (the “In-Scope Products and Services”) offered by us and GitHub, Inc. (“GitHub”).

The services are explicitly listed, and must come from us (Microsoft) and GitHub.

In addition to this, the vast majority of the Microsoft extensions have additional license agreements that also explicitly forbid their use in non-Microsoft products. For example, the license for Live Share is quite clear in Section 1:
INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software to use solely with Microsoft Visual Studio family of products.

So - "Can I put the extensionsGallery on my vscode fork?"
No, you absolutely may not and you may not use the marketplace to install software into your fork. The entire reason OpenVSX exists is because using Microsoft's marketplace for non-Microsoft products is expressly illegal.

Perhaps someone with access can now mark this issue as 'Resolved'.

toddewilliams added a commit to toddewilliams/vscodium that referenced this issue May 24, 2022
Modified wording around using Microsoft Marketplace in VSCodium to note that it is not legal. Details are in the GitHub issue referenced. microsoft/vscode#31168 (comment)
@theAkito
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theAkito commented May 24, 2022

@toddewilliams

Thanks for the effort. This clarified everything and I think we all can understand now, without a doubt. 😃

@toddewilliams
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toddewilliams commented Jul 8, 2022

Hey @chrisdias, I believe you can close this now, unless you want to officially contradict the analysis in my prior comment.

@StarNumber12046
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StarNumber12046 commented Aug 8, 2022

as far as I know, if you HAVE vscode, you can use the marketplace BUT not distribute it

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