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Re: Is AGPLv3 DFSG-free?

On Fri, 29 Aug 2008 17:15:48 -0400 Arc Riley wrote:

> On Fri, Aug 29, 2008 at 5:00 PM, Francesco Poli <frx@firenze.linux.it>wrote:
> > The problem is:
> > what happens if the VCS goes off-line for one afternoon
> > (or for one night, for a couple of days, for a week, ..., forever)?
> >
> > Am I failing to comply with the AfferoGPLv3, unless I immediately shut
> > the network application down (until the VCS is back on-line) or I
> > immediately provide an alternative means to get the Corresponding
> > Source?
> >
> No such clause exists in the license.  If you feel otherwise, please paste
> where the license reads anything similar to that.

Section 13 of the AfferoGPLv3 states, in part:

| 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) 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.

It says that I must offer "an opportunity to receive the Corresponding
Source of [my] version by providing access to the Corresponding Source
from a network server at no charge".
There's no indication that I can delay this opportunity at will, as in
"yes, to get source click here, but maybe you have to come back

> If you're hosting a GPL licensed binary on one server, and the source on
> another, you're not required to take the binary down when the source goes
> down so long as you get the source server up (or replace it) in a reasonable
> amount of time.


GPLv3, clause 6d (which seems to be the one you were thinking about)
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.

It seems I am obligated to ensure the Corresponding Source is available
as long as I offer access to Object Code...

GPLv2 does not even explicitly allow to use different servers and just
talks about making source available "from the same place", see the
final part of section 3:

| If distribution of executable or object code is made by offering
| access to copy from a designated place, then offering equivalent
| access to copy the source code from the same place counts as
| distribution of the source code, even though third parties are not
| compelled to copy the source along with the object code.

> If your free VCS service goes down for an extended period of time, just
> re-upload to another, and you've continually complied with your requirement
> to provide the modified coorespondance source.

Not in the time window during which the VCS is down, but I haven't yet
noticed or, anyway, I haven't yet managed to re-upload to another

> If you're really worried about this, upload it to two different free VCS
> services.

They still may be off-line at the same time: it's less likely, but
still possible.
And therefore I have *two* services to monitor, to check whether I have
to re-upload to a third place!  :-(

 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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