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Re: Final text of AGPL v3



On Mon, 19 Nov 2007 23:18:10 +0100 Francesco Poli wrote:

[...]
> Section 13 of the final text of the GNU AGPL v3 is quoted below for
> reference.

My comments follow.

The usual disclaimers: IANAL, TINLA, IANADD, TINASOTODP.


> 
> 
> 
>                     GNU AFFERO GENERAL PUBLIC LICENSE
>                        Version 3, 19 November 2007
> 
>  Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
>  Everyone is permitted to copy and distribute verbatim copies
>  of this license document, but changing it is not allowed.
> 
> [...]
> 
>   13. Remote Network Interaction; Use with the GNU General Public
> License.
> 
>   Notwithstanding any other provision of this License, if you modify
> the Program, your modified version must prominently offer all users
> interacting with it remotely through a computer network (if your
> version supports such interaction)

The term "user" is not clearly defined.  If I get an "access denied"
error page through a browser, am I a user of the web application?  When
I visit a portal, am I a user of the browser?  Of the portal
application, as well?  Of the server-side scripting engine, perhaps?  Of
the web server?  Of the kernel the web server runs on top of?  Of the
router OS?  And so forth...

Where do we draw the line?

This ambiguity is really problematic, as it implies that there's no
clear way to tell whether a modified version supports remote
interaction, and hence there's no clear way to tell whether it is
subject to the restriction specified by this section.

The vagueness of the term "user" may extend the restriction to basically
every kind of modified version.


> an opportunity to receive the
> Corresponding Source of your version by providing access to the
> Corresponding Source from a network server at no charge, through some
> standard or customary means of facilitating copying of software.

This restriction compels whoever runs the modified version of the
Program to accommodate the source code on the server or, alternatively,
to set up and maintain a separate network server to provide source code:
this may be a significant cost in some cases.

This is ultimately a use restriction (from the point of view of whoever
runs the modified version of the Program) and effectively forbids
private use of the modified version on a publicly accessible server. 
I'm *not* quite convinced that forbidding private use on a publicly
accessible server should be considered as an acceptable restriction. 
Anyway, it's a cost (a significant one, in some cases) associated with
running the modified version of the Program.

This is a use restriction, that may be associated with a significant
cost.
Does this restriction meet the DFSG?
I think it fails to meet them.


> This
> Corresponding Source shall include the Corresponding Source for any
> work covered by version 3 of the GNU General Public License that is
> incorporated pursuant to the following paragraph.
> 
>   Notwithstanding any other provision of this License, you have
> permission to link or combine any covered work with a work licensed
> under version 3 of the GNU General Public License into a single
> combined work, and to convey the resulting work.  The terms of this
> License will continue to apply to the part which is the covered work,
> but the work with which it is combined will remain governed by version
> 3 of the GNU General Public License.
> 
> [...]


-- 
 http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html
 Need to read a Debian testing installation walk-through?
..................................................... Francesco Poli .
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