DFSG-freeness of any license that fixes the ASP loophole
Hello.
I just discovered that the people I was trying to help to migrate to the
GPL might be hesitating because they don't want their software to be
used to provide a service over the network without the source being
release, claiming that their service does not count as distribution (the
ASP loophole).
Now I have not got anything conclusive from the follow two previous
threads on this list about the AGPL:
http://lists.debian.org/debian-legal/2007/06/msg00176.html and followups
http://lists.debian.org/debian-legal/2007/09/msg00032.html
as to whether the AGPL is considered DFSG-free or no. So I can't
recommend the AGPL to the hesitating project without being sure it's
DFSG-free (since I want their work to be included in Debian and Ubuntu
ultimately).
There are similar attempts to fix the ASP loophole. Consider for example
the Honest Public License, whose original is at:
http://www.funambol.com/blog/capo/files/HPL_draft.txt
Since everyone on this list (I presume) can get the GPL at
/usr/share/common-licenses/GPL-2, I provide only the additional clause:
d) For the purposes of determining the right to obtain copies of the
source code (as well as the right to modify and distribute such source
code and object code), the term distribution shall include the
communication of the Program or work based on the Program which is
intended to interact with third party users (meaning anyone other than
you or if you are an entity such as a corporation and not an individual,
that corporation), through a computer network and the user shall have
the right to obtain the source code of the Program or work based on the
Program. This provision is an express condition for the grants of
license hereunder and any such communication shall be considered a
distribution under Section 1, 2 and 3.
I feel the following would be a simpler version:
When you make it possible for this work or derivative works to be
directly or indirectly used over a network, you must prominently provide
information as to how to obtain the complete source code for such work:
* on the same interface that is provided for the usage of such work
* or if the above is not possible, on another publicly accessible
location closely related to your activities
Would any of the above two clauses or a similar clause in a license
cause the license to be NOT DFSG-free? If yes, why?
Shriramana Sharma.
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