Re: Linux and GPLv2
Kuno Woudt <warp@frob.nl> writes:
> On Sun, Mar 13, 2005 at 03:30:28PM +0100, Måns Rullgård wrote:
>> Arnoud Engelfriet <galactus@stack.nl> writes:
>>
>> > And probably it will also deal with running the code on a publicly
>> > accessible server.
>>
>> The question is if a license based on copyright can legally place such
>> restrictions on use of the program.
>
> Some idea of how the FSF may attempt this can be seen from the Affero
> General Public License. Apparantly the Affero GPL is a modified version
> of the GNU GPL, it adds Section 2(d):
>
> * d) If the Program as you received it is intended to interact with
> users through a computer network and if, in the version you received,
> any user interacting with the Program was given the opportunity to
> request transmission to that user of the Program's complete source
> code, you must not remove that facility from your modified version of
> the Program or work based on the Program, and must offer an
> equivalent opportunity for all users interacting with your Program
> through a computer network to request immediate transmission by HTTP
> of the complete source code of your modified version or other
> derivative work.
This appears to only apply to self-distributing programs. If the
program does not have a send-the-source function, I don't see any
requirement that source be provided to users of a service based on the
program.
> It also adds an "interesting" twist on the "or later" thing often used
> with the GPLv2:
>
> Affero Inc. may publish revised and/or new versions of the Affero
> General Public License from time to time. Such new versions will be
> similar in spirit to the present version, but may differ in detail to
> address new problems or concerns.
I've always wondered what "similar in spirit" is supposed to mean.
AFAIK, that phrase has no established legal interpretation.
> Each version is given a distinguishing version number. If the Program
> specifies a version number of this License which applies to it and "any
> later version", you have the option of following the terms and
> conditions either of that version or of any later version published by
> Affero, Inc. If the Program does not specify a version number of this
> License, you may choose any version ever published by Affero, Inc.
This looks similar to the language used in the GNU GPL.
> You may also choose to redistribute modified versions of this program
> under any version of the Free Software Foundation's GNU General Public
> License version 3 or higher, so long as that version of the GNU GPL
> includes terms and conditions substantially equivalent to those of this
> license.
It would be interesting to see the reaction of these people, if the
GNU GPLv3 does not include a source-for-service clause, after all.
--
Måns Rullgård
mru@inprovide.com
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