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Re: Is AGPLv3 DFSG-free?

On Mon, 25 Aug 2008, Francesco Poli wrote:
> On Mon, 25 Aug 2008 07:07:18 -0700 Don Armstrong wrote:
> > On Mon, 25 Aug 2008, Bernhard R. Link wrote:
> > > What I meant is that while GPL uses copyright to give people rights,
> > > it does not restrict people beyond what copyright already imposes.
> > 
> > It's not clear that the AGPLv3 does either; public performance of a
> > work is not a right granted by copyright law (at least in the US).
> I don't recall whether we concluded that running, say, Apache on a
> publicly-accessible host is a "public performance" of the Apache web
> server:

I don't believe we have concluded either way about this, and frankly,
I suspect that even if we had, any conclusion in this area is
premature without clear precedent in multiple jurisdicitions.

> is this the case (at least in the US)?

Unfortunatly I do not have time to dig up relevant case law (nor am I
sure that it exists). That said, it seems likely a priori that this
argument can be made.

In light of this, claiming categorically that the AGPLv3 restricts
rights beyond what copyright already does is currently unfounded. It
may, or it may not.

Don Armstrong

Nearly all men can stand adversity, but if you really want to test his
character, give him power.
 -- Abraham Lincoln

http://www.donarmstrong.com              http://rzlab.ucr.edu

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