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Re: Is AGPLv3 DFSG-free?

On Tue, 19 Aug 2008 16:22:09 -0400 Arc Riley wrote:

> To cut down on number of emails, I'm replying to both Miriam and Francesco
> below:
> On Tue, Aug 19, 2008 at 8:53 AM, Francesco Poli <frx@firenze.linux.it>wrote:
> > But there's a significant difference in reliability when the
> > Corresponding Source is hosted on the *same* server where the
> > AfferoGPLv3'ed program is running on: if that server is down, no Source
> > distribution will be performed, but no remote interaction with the
> > program will happen either...
> This is absolutely true, in a best case scenario you would host the code
> yourself from the same computer and network connection as the remote user is
> connecting to you by.  However, even GPLv3 section 6d does not require this
> and that section is far more picky on how the Corresponding Source is
> provided.

But section 6d states, in part:
| Regardless of what server hosts the Corresponding Source, you remain
| obligated to ensure that it is available for as long as needed to
| satisfy these requirements.

Thus, it requires that you make sure the other server is up and ready
to convey the Corresponding Source.  That could be a significant cost.

Luckily, we have DFSG-free alternatives to satisfy GPLv3 section 6: 6a
(Corresponding Source accompanying Object Code in a physical product)
or 6d by using the same server which conveys Object Code to also convey
the Corresponding Source.
This does not cause an extra cost, because you are already conveying
Object Code and you simply have to also convey the Corresponding Source.

The situation is different with AfferoGPLv3 section 13, where just
using a modified version of the work forces you to convey the
Corresponding Source, from the same server (which could just be from
impractical to impossible, think of a network application running on a
resource-limited embedded system) or from a different server (with all
the already discussed reliability issues, which cause possibly
significant costs). 

 The nano-document series is here!
..................................................... Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4

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