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Re: Web application licenses



Josh Triplett <josh.trip@verizon.net> writes:

>>>My point is, you are asking for too much control over how the other
>>>party uses their hardware.  You should certainly have the right to use
>>>it on your own hardware; that would be more freedom than you have now,
>>>and certainly enough to consider it Free Software.  I'm sure that there
>>>is plenty of software in Debian main that neither of us could take
>>>advantage of for whatever reason.  That does not make the software any
>>>less Free.
>> 
>> True, but your argument for why they should have to give me copies of
>> their software is that to do so enhances my freedom.  I don't
>> understand why that argument applies to software and not hardware.  If
>> I implement an Emacs Machine, which provides Emacs but only in
>> hard-wired circuits, but in such a way that it's a derivative of a
>> work under this license, is it free to require me to give you one?  To
>> give you the plans?
>
> If you give me access to such a machine, you would need to give me the
> plans for that machine, yes; you certainly would not be required to
> distribute the machine itself.
>
>> Why is the answer different for software?
>
> It isn't.  The "plans" for software are the source code, and the
> "machine" would be the binary.  This proposed license would require you
> to distribute the source code; it says nothing about distributing the
> binary (if the two are distinct, anyway).

OK.  So if I'm using a machine to provide you with an Emacs service, I
have to give you the plans.  For a software machine, does that include
the OS kernel?  The VMware instance I'm running it in?  The underlying
OS?  The CPU, the network drivers?

The GPL has a clear place to draw a line: what is distributed with the
work, and not part of the OS.  It can do that because it's tying into
copyright law, and the idea of distribution is clear.  I don't think
you have anything like that clear line for use.

-Brian

-- 
Brian Sniffen                                       bts@alum.mit.edu



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