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FSF Releases AGPL License For Web Services

mako writes "The Free Software Foundation has released the Affero General Public license version 3. The license is essentially the GPLv3 with an added clause that requires that source code be distributed to users that interact with the application over a network. The license effectively extends copyright to Web applications. The new AGPL will have important effects for companies that, under the GPL, have no obligation to distribute changes to users on the Web. This release adds the license to the stable of official FSF licenses and is compatible with the GPLv3."

276 comments

  1. "The license extends copyright to Web apps" by jkrise · · Score: 4, Interesting

    Can someone explain exactly how a license can extend Copyright?

    The owner of the copyright might extend terms in his license, not the other way round.

    --
    If you keep throwing chairs, one day you'll break windows....
    1. Re:"The license extends copyright to Web apps" by jrumney · · Score: 4, Informative

      Can someone explain exactly how a license can extend Copyright?
      I think the author of TFA meant copyleft.
    2. Re:"The license extends copyright to Web apps" by Anonymous Coward · · Score: 4, Funny

      Normally, copyright wants nothing to do with web apps. It's like, "Oh my gosh! This PHP code is total shit! I won't have a thing to do with it. It's just dirty!". Other times it's like, "This enterprise Java app is waaaaaaaaaaaaay too over-engineered. We have factory classes for generating factory classes for generating factory classes for generating objects that wrap the native boolean datatype. Fuck this stupidity!" Then it goes home and watches TV.

      So a group like the FSF will have to come along and rough up copyright a little bit. Only if copyright is legally forced to deal with the mess that are web apps will it bother to do so. Even then, I'm thinking it'll resist somewhat, since I'm pretty sure it doesn't want to have to associate with such pathetic programming.

    3. Re:"The license extends copyright to Web apps" by bytesex · · Score: 2, Funny

      Factory classes generating objects ? Not likely. Surely you should know better. You meant 'interfaces', didn't you ? Factory classes generating interfaces that /might/ wrap the native boolean class. But can also provide the boolean getIsTrue() and getIsFalse() method for other objects. Very usefull class indeed. - whistles -.

      --
      Religion is what happens when nature strikes and groupthink goes wrong.
    4. Re:"The license extends copyright to Web apps" by m2943 · · Score: 1

      The same way a license extends to extracting dollars out of your wallet: you can only copy the software if you agree to the license terms, and the license terms require you to do something (which, coincidentally, actually has to do with making available software to others).

    5. Re:"The license extends copyright to Web apps" by sumdumass · · Score: 1

      The license doesn't extract money from your wallet, the copyright does.

      This is an important distinction because you can place any license you want on something that is in the public domain and it is up to the user is they want to spend money or follow the license. So no copyright, not enforcements of license or fees.

    6. Re:"The license extends copyright to Web apps" by davidsyes · · Score: 1

      Will there be Afro Sheen Care with this bare product?

      --
      Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
    7. Re:"The license extends copyright to Web apps" by nuzak · · Score: 2, Funny

      You forgot the all important isFileNotFound() method.

      --
      Done with slashdot, done with nerds, getting a life.
    8. Re:"The license extends copyright to Web apps" by Anonymous Coward · · Score: 0

      The license doesn't extract money from your wallet, the copyright does.

      No. Copyright prevents you from copying without a license. The license sets the conditions under which you may copy, which often includes taking money out of your wallet.

      And, yes, it's an important distinction and you got it backwards.

    9. Re:"The license extends copyright to Web apps" by makohill · · Score: 1

      I meant copyleft. How embarrassing. :)

    10. Re:"The license extends copyright to Web apps" by Anonymous Coward · · Score: 0

      The factory is really an IOC container generating AOP proxies for an interface that wraps the Boolean object. The bean container injects the appropriate BooleanStrategy based on user permissions, time of day, phase of the moon...

    11. Re:"The license extends copyright to Web apps" by sumdumass · · Score: 1

      Umm, no, your getting the cart before the horse here. The copyright is the only thing restricting you. The license that can sometimes cost money, but without copyright, like I said previously, the license doesn't mean shit. There is nothing binding you to it.

      So once again, it isn't the license, it is the copyright. Because I could tell you to shove your license where the sun doesn't shine and use your copyright protected work anyways if copyright didn't stop this. Nothing your license could do would cause me to pay money if copyright didn't prevent me from otherwise using it.

      Now do you see the important distinction here? It is the copyright that extracts money from your wallet.

  2. really? by rucs_hack · · Score: 5, Insightful

    The new AGPL will have important effects for companies that, under the GPL, have no obligation to distribute changes to users on the Web

    Only if they use it. No-one's under an obligation to use a new version of a licence, and if they don't like the terms, they may steer clear of it to start with.

    1. Re:really? by DirtyHerring · · Score: 3, Insightful

      You write ReallyCoolWebTool and license it under the AGPL. GreedyBastardCompany wants to use and change it. Now they have the choice between releasing their source code, or not using it at all. That was different with the GPL.

    2. Re:really? by Anonymous Coward · · Score: 3, Interesting

      You write ReallyCoolWebTool and license it under the AGPL. GreedyBastardCompany wants to use it. Now they have the choice between releasing their source code, or not using it at all. That was different with the GPL.

      Fixed for you. This version of the GPL goes above and beyond what the GPL has traditionally concerned itself with, distribution.

      So I'm wondering, do you have to provide the source code only if the user can directly use the program through a web service or does it account for indirect access? If I'm taking advantage of a service my webhost provides and through that offering some functionality to users who visit my site do I need to obtain the source for that service from my webhost and then pass it along to the user (assuming it's covered by the APL of course)?

    3. Re:really? by LingNoi · · Score: 1

      I way I see this is that if you make changes which are publicly viewable then you have to re-distribute those changes. If you don't make changes then no one is going to come knocking on your door.

      I don't really see the need for this license. I've been writing PHP code for years and this has never been a problem. When I worked for GreedyBastardCompany I was looking for a free captcha to use. If it was licensed under the AGPL I would have looked for something else more work safe. Luck had it that it was licensed under the GPL so I took the code and incorporated it into our site. The captcha wasn't very good though so I made it better and gave the code changes back to the author. This is basically what AGPL forces you to do but when you do web work everything is so customised that it wouldn't work any better then the GPL does.

      The web development community is great at giving back code changes so I do question the need for this license, especially if it gets in the way of writing a commercial site on top of an AGPL web framework (which is the point of most web frameworks, to make you write commercial websites faster in a team environment).

      There are exceptions though. I think this would be a GREAT license to use when launchpad.net goes open source. Bug tracking, Time Tracking, Project Management, etc. These would be great to license under the AGPL.

      Why? Well look at what happened to sourceforge.net...

    4. Re:really? by pongo000 · · Score: 1, Interesting

      You write ReallyCoolWebTool and license it under the AGPL. SmallNonprofitOrganization wants to use and change it. Now they have the choice between releasing their source code, or not using it at all. That was different with the GPL

      Post-mortem:

      SmallNonprofitOrganization discovers bandwidth costs have soared due to extra bandwidth required to support downloading of modified code. SmallNonprofitOrganization decides it's not worth the hassle, ditches ReallyCoolWebTool for a more "user-friendly" closed source license. F/OSS loses yet another potential convert.

    5. Re:really? by FireFury03 · · Score: 1

      On the face of it this licence sounds like a Good Thing. However, it also sounds worryingly close to an EULA... :(

    6. Re:really? by noidentity · · Score: 1

      Nothing prevented someone from drafting up such terms before this AGPL.

    7. Re:really? by hacker · · Score: 2, Informative

      SmallNonprofitOrganization discovers bandwidth costs have soared due to extra bandwidth required to support downloading of modified code.

      Then SmallNonprofitOrganization uses any of the hundreds of services out there to help them, like:

      1. Coral Content Distribution Network
      2. SourceForge.net
      3. SourceFubar

      ...and so on. Barring that, they just ask a member of the FLOSS community to host it for them, gratis, in exchange for some mention on their website or other non-financial gratification.

    8. Re:really? by CodeShark · · Score: 1
      If I am understanding what this leans means, then the FSF can park this particular license where the sun doesn't shine as far as I'm concerned. Users do not have the right to know how an application is coded, because in the internet world, the user is the enemy. If I code the "GoshThisIsSuperDuper" web application suite and have 100 NGO's etc. that use my code (even using the "powered by GTISD" icon on their web site -- and then they have to turn over my code, and it gets hacked after the fact by a malicious user, opening all my other companies, etc. to the same vulnerabilities?

      Thanks but no thanks. I'll stick with regular GPL v2.0 or v3.0 depending on what I need to do, thank you very much. Or -- if the situation warrants it, go closed source. Because there is nothing that forces me to have open code in my applications at all.

      --
      ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    9. Re:really? by The+Bubble · · Score: 1

      No-one's under an obligation to use a new version of a licence,

      They are if they use/modify AGPL code. Say, for example, that I have a website based on Drupal. If Drupal adopts the AGPL, any modifications I make to Drupal must now be released, either by contributing them back to the project, or as sources I supply myself.

    10. Re:really? by Sancho · · Score: 1

      It is a EULA, which is a great departure from the GPL of old.

      Of course, web applications break the model. There are two users--the host is using the application to interact with the user, and the user is using the web application to interact with the host. It's a really weird situation. That said, I kinda like the separation of the old days, because frankly, where does this end? Should the user get a copy of Apache just for visiting a website? If the website interacts with a database, should they get a copy of the database? What if the database is proprietary, but the front-end (web server/php server) is AGPL?

      This really muddies the waters. Services traditionally haven't been touched by copyleft, and if this thing catches on, it will have some very interesting (and probably unfortunate) ramifications.

    11. Re:really? by nahdude812 · · Score: 2, Insightful

      Your argument basically disagrees with the core values of open source. "I don't want to have to share my changes to an application which was shared freely with me." You do still have a choice, and that is: build it yourself from the ground up or buy a commercial off the shelf solution.

      This license has been needed for a long time. Authors of open source web applications could not use the GPL or almost any other open source license, which only grants access to modified source code if the modder distributes it as a compiled binary. Web applications don't work that way, so people unwitting enough to release an open source web app under GPL could discover that GreedyEvilCompany took their hard work, made some changes and started using it for-profit online, without contributing back to the community that created it, and without having any obligation to.

      Those of us who were burned by this (I am one) have since switched to other licenses which are not as tailored toward software, such as Creative Commons ones. I use By-NC-SA, which is attribution, non-commercial, share-alike, and I describe in my license preamble that I consider using the site on a publicly accessible server to be "performance" of the work under the Creative Commons. You have to preserve my copyright, you cannot resell my software, and you have to contribute your changes back to the community. Basically the terms are the same which I abide by when I distribute it. I'm not asking anyone to do anything which I don't myself already do, and I think that anyone who has a problem with that system can choose to find another project to play with.

      If you're the original author and you're not intending for it to be full open source, then you shouldn't use this license. If you're inheriting this license by using code from another project, then you should respect their wishes and contribute back to them, or else not use their work.

    12. Re:really? by FireFury03 · · Score: 1

      It is a EULA, which is a great departure from the GPL of old.

      But EULAs (should be) unenforceable since there is no way to prove the user agreed to it.

      Distribution licences, such as the GPL, work on the fact that without the licence you didn't have the rights to distribute the software, so if you are distributing it by extension you must have accepted the licence.

      EULAs take away rights that you had anyway, so there is nothing forcing the user to agree to it since they can still use the software even if they don't agree to the licence.

    13. Re:really? by R3d+Jack · · Score: 1

      I just went through a bunch of open source licenses with the support group. They wanted to send them all to Legal. Now, we use Tomcat. I added a security class to customize logins. If Apache Group switched to the AGPL, there is no way I would be allowed to use Tomcat. The company would have to create a Web site with all the source, including my tiny class, and then keep it up to date. The company would be liable if I somehow failed to update the site any time I downloaded any patch for Tomcat. At least that's what Legal would say. This whole GPLv3 sounds bad, and AGPL sounds worse.

    14. Re:really? by Just+Some+Guy · · Score: 1

      Then SmallNonprofitOrganization uses any of the hundreds of services out there to help them

      No. SNO is directly legally obligated to make the source available, and providing a link to an external service probably would not meet that requirement. Similarly, if you are contractually bound to provide that information, why should Sourceforge have to help you do it for free? Great business opportunity for paid fileservers: "we'll sign a service level agreement with you so you can avoid the wrath of the Free Software community - for a small fee, of course".

      --
      Dewey, what part of this looks like authorities should be involved?
    15. Re:really? by Just+Some+Guy · · Score: 1

      But EULAs (should be) unenforceable since there is no way to prove the user agreed to it.

      Exactly. So, since AGPL purports to be a copyleft license while really being a EULA, what's it's legal standing? I could imagine an attorney (successfully) arguing that it's legally inconsistent and therefore invalid. And since AGPL itself explicitly states that "execution" is not the same as "conveyance", the user could continue to use that software legally because they are only distributing its output and not the program itself.

      We heard the same dire predictions about the GPL and wrote them off. This is different because GPL violators were actually breaking copyright law. AGPL violators are doing no such thing.

      Seriously, what the hell was the FSF thinking here? I'm an RMS fanboy but this is just ridiculous.

      --
      Dewey, what part of this looks like authorities should be involved?
    16. Re:really? by vux984 · · Score: 1

      No. SNO is directly legally obligated to make the source available, and providing a link to an external service probably would not meet that requirement.

      If the external source is hosting for -you- and has an arrangement to host it for -you-, then yes it would meet that requirement. SNO has met its obligation because it has taken steps to ensure it is available. It may be an external link, but its an external link to a party who has agreed to host it for -you-.

      It would be different if you just hosted a couple files you changed and deep linked to an external site, and said, the rest of over there. Because the link might not work tomorrow, and -you- have taken no responsibility for ensuring it will, you have no agreement with that external site.

    17. Re:really? by Just+Some+Guy · · Score: 1

      Well, right. That was unclear. I meant "providing a link to a free-for-all website like Sourceforge". I otherwise agree with you: you can't just say "Sourceforge has it!" because they don't have an arrangement with you to meet any legal obligations you might incur, and their terms of service probably even explicitly disclaim it.

      --
      Dewey, what part of this looks like authorities should be involved?
    18. Re:really? by einhverfr · · Score: 1

      I don't know. If you just have a web site using Drupal, do your modifications count as private? I.e. are you just required to make the sources available to yourself? Obviously if you were hosting Drupal for others that would be different.

      Note that this license like the GPL v3 is very vague on a number of points. The largest ones have to do with license compatibility, but this clause is not clear either.

      --

      LedgerSMB: Open source Accounting/ERP
    19. Re:really? by Kadin2048 · · Score: 1

      I don't buy it. (And seriously, talk about a straw man.)

      Particularly if all they had to distribute were the diffs from the publicly available / upstream source, you're not talking about much bandwidth per download -- unless they make a lot of custom changes, in which case they're probably good for it.

      Also, how many typical visitors to an NGO's site are really going to be interested in the code that drives the website? Probably not very many. I doubt whether it would impact the bandwidth usage of most sites in any measurable fashion. And if for some reason they do make some change that becomes wildly popular, it's easy to find someone who'll host it. (I suspect the easiest method in most cases would be to work with the upstream maintainer and have them host it wherever the mainline tree is hosted.)

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    20. Re:really? by nuzak · · Score: 1

      SNPO decides that all these third party service dependencies are just too much hassle and that even then they might not be in compliance and don't want to expose themselves to so much risk and decides to toss the whole damn shebang.

      I guess no one needs to actually use AGPL. And I predict the eventual outcome will resemble exactly that.

      --
      Done with slashdot, done with nerds, getting a life.
    21. Re:really? by nahdude812 · · Score: 1

      I don't really see where that's a problem. You accept thousands of man-hours of work in creating a CMS, and you both want it for free and also don't want to give them back the 15 hours of development you put into customizing it. Your options are to not use AGPL software or accept those terms if the author decides to release it that way.

    22. Re:really? by grantek · · Score: 1

      What!? This license is meant for software that runs on Tomcat, not Tomcat itself. It's meant for Livejournal and Slashdot, not PHP and Perl.

    23. Re:really? by isorox · · Score: 1

      No. SNO is directly legally obligated to make the source available

      The GPL says that a written offer must acompany the code. I.E. on your copyright page say the webapp is copyright, send a stamped address envelope and a floppy disk to "SNO, 1234 Main street, Turin", and we'll send you the code.

      Is the AGPL different?

    24. Re:really? by Just+Some+Guy · · Score: 1

      Is the AGPL different?

      Yep:

      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. 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.

      Actually, their wording really sucks and has a million loopholes. Note that it doesn't say "transmitted from a network server". I could say "send me a disk and I'll make you a copy of the source from our networked Subversion server. Because of their sloppiness here, all I have to do is make sure that the machine I use to store my local copy of the code is networked to another computer somewhere.

      --
      Dewey, what part of this looks like authorities should be involved?
  3. Great example of the FSF opening up to others. by Anonymous Coward · · Score: 0

    I think it's great that the FSF has opened up to different views on how Free Software should be protected without compromising the fundamental principle of copyleft. The GPL -> AGPL compatibility gives a real chance for different software groups to work together. I'm going to relicense all my perl modules under this.

  4. was I the only one.. by TheJasper · · Score: 0, Offtopic

    who read Afro gpl the first time around?

    1. Re:was I the only one.. by Slashidiot · · Score: 1

      Nope. I spent about 5 seconds thinking if this would be like the GPL, but funkier...

      --
      Tis women makes us love, Tis Love that makes us sad, Tis sadness makes us drink, And drinking makes us mad.
  5. compatible with GPLv3 ? by bill_of_wrongs · · Score: 1, Interesting

    It has an additional requirement that GPLv3 doesn't have. Maybe I'm just stupid but I don't quite see how it can be compatible since GPLv3 doesn't allow additional requirements.

    1. Re:compatible with GPLv3 ? by Anonymous Coward · · Score: 2, Informative

      There's a special clause written into the GPLv3 which permits compatibility with exactly this one license. See http://gplv3.fsf.org/ for more info.

    2. Re:compatible with GPLv3 ? by jrumney · · Score: 1

      The GPL doesn't allow additional restrictions on users. The additional requirement of the AGPL gives users an additional freedom, and the GPLv3 was planned with this in mind already (the GPLv2 is not compatible with this, which was part of the motivation for creating GPLv3).

    3. Re:compatible with GPLv3 ? by bill_of_wrongs · · Score: 1

      Ah yes, section 13, thanks AC !

    4. Re:compatible with GPLv3 ? by Tony+Hoyle · · Score: 1

      It's a restriction. You can't use it unless you distribute the source. Previously you could use it and not distribute the source, provided you didn't distribute the app.

    5. Re:compatible with GPLv3 ? by jrumney · · Score: 1

      Legally, public performance is not normal use.

    6. Re:compatible with GPLv3 ? by Timothy+Brownawell · · Score: 1

      It places restrictions on the kind of changes you are permitted to make (i.e., it infringes freedom 1 and maybe 3). Like the AC says, it is only compatible with GPLv3 because both it and GPLv3 explicitly say that it is.

    7. Re:compatible with GPLv3 ? by serialdogma · · Score: 1

      How is that related?
      This means that if somebody writes a DHTML listbox control, releases it under this license; and some company uses this listbox control on their web-app, then they would have to provide the full source of their web-app under the license. But the the DHTML listbox control only runs on the client, the client already has the source code for the listbox control, it is not a public performance.

      Or in the case of server side code being released under the license, the only thing the client uses or gets is the the output, and in most cases the output of a server side library is not protected under the copyright of the library that created it. For instance if you create a picture in PhotoShop, then Adobe would have no claim to it.

    8. Re:compatible with GPLv3 ? by jrumney · · Score: 1

      For instance if you create a picture in PhotoShop, then Adobe would have no claim to it.

      Creating a picture in Photoshop and uploading it to a webserver as a static image is different than scripting Photoshop so that it operates on images received from a web service, and returns live results to the user. Try asking Adobe if their EULA covers the second case.

    9. Re:compatible with GPLv3 ? by einhverfr · · Score: 1

      Because both licenses have special compatibility clauses, they are legally compatible. However, I agree that they are not compatible in spirit.

      Personally, I think that licenses which require the distribution of source for publcially accessible services are problematic to projects anyway because they reduce the ability of the core team to be *the* authoritative point of distribution for the most up to date versions. (Yes, the GPL undermines this to some extent too but it is different because if you distribute GPL software, you probably know to check back with the core team frequently.) This means that a project may contend with the fact that a very large percentage of distribution could remain on old versions (possibly with security vulnerabilities corrected in the official version) and users are arguably unlikely to know the difference.

      Personally, I would never ue the AGPL and tend to steer clear of AGPL projects, but then I am still a fan of the GPL v2.

      Also the AGPL v3 has a major issue inherited from the GPL v3. Section 7 is extremely broadly worded and reasonable readings could easily conclude that permissive licenses such as the BSD, ISC, and MIT licenses would be incompatible (because the GPL v3 could be read as to require conversions of these licenses to ones with all the restrictions of the GPL v3-- see paragraphs 2 and 4 of section 7). Because the general consensus is that permissive licenses don't allow license changes on mere distribution of verbatim copies, this poses a problem of interpretation. I have heard one lawyer from the SFLC argue that this is not a problem because the additional permissions inherent in permissive licenses don't meet the definition of additional terms in paragraph 1 of section 7, but until there is a widely accepted public document which states this I think it is dangerous for any project to assume that these licenses are compatible without legal help in preparing additional interpretive information to be distributed with the license. (IANAL, TINLA, etc.)

      --

      LedgerSMB: Open source Accounting/ERP
    10. Re:compatible with GPLv3 ? by jythie · · Score: 1

      restriction, freedom, in cases like this FSF turns them into a bit of a zero sum game and decides _who's_ freedoms are more important... and that seems to have been changing over the years (ok, their end goal hasn't changed, but how much leverage they have has changed so they are removing the 'compromises')

    11. Re:compatible with GPLv3 ? by synthespian · · Score: 1

      No, no, no, no, no. You see, this is GNUspeak: restriction=freedom.

      --
      Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    12. Re:compatible with GPLv3 ? by Meneth · · Score: 1

      Seems to me that one could take an AGPL program, relicense it under GPLv3, then use it as a service without having to provide the source code.

    13. Re:compatible with GPLv3 ? by toriver · · Score: 1

      But the GPL never concerned itself with the USE of the software, or the OUTPUT from running it. Only with distribution of the software itself.

    14. Re:compatible with GPLv3 ? by jrumney · · Score: 1

      The AGPL does concern itself with this particular type of use though. That is the difference between AGPL and GPL.

    15. Re:compatible with GPLv3 ? by bnenning · · Score: 1

      The AGPL does concern itself with this particular type of use though.

      Which is why I and many others have a problem with it. Usage restrictions are an abuse of copyright and violate freedom zero, and it's disappointing to see the FSF supporting them.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  6. Doubt by ScorpFromHell · · Score: 1

    The new AGPL will have important effects for companies that, under the GPL, have no obligation to distribute changes to users on the Web.
    What does this mean now? If I release a web service under AGPL, do I have to distribute the changes or not?

    Sorry, am not a native English speaker. IANAL too.
    --
    -- Prem
    Aiming to tweet on a rice ... help me find the write pen!
    1. Re:Doubt by Anonymous Coward · · Score: 0

      Not if you are the copyright holder.

      The licence only applies to other people who distribute (and, in this case, use) your software. The copyright holder can do whatever he wants, including selling the product under a different licence.

  7. YAVL by Anonymous Coward · · Score: 0

    Yet another viral license.

  8. Might be usefull for companies too... by Iloinen+Lohikrme · · Score: 4, Interesting

    This might be useful for companies too. We have in example been thinking about releasing our software in open source to expand the usage of our software and to gain more knowledge in the markets about us. However as we are business and a rather small one, releasing the software in example in GPL would be more or less commercial suicide, as our software is purely web based, some bigger service company could just take it and give nothing back...

    I really have to read more about AGPL. I think that by combining AGPL + MPL + strong attribution clauses, for us and maybe to many more small developers it could come more lucrative to open source our software, because we still would get changes back, we would have more freedom and we would get attribution for our work. Definitely very good for FSF to publish this license. I really think that in time as there comes more licenses that cover different things, it will come more and more easier and secure to publish software and other works in open source.

  9. Re:Ugh - Be GLAD by Anonymous Coward · · Score: 1, Informative

    > The GPL is and has always been passed to DERIVIATIONS of an application, not work created USING the application.

    this remains true

    > Are you saying that if I, say, use an AGPL-licensed currency converting web service on my ticket reservation site, I must release the WHOLE site under the AGPL?

    no. have a read of the license and you will find it's only the one application. The new license is actually almost exactly identical to the GPLv3

    >The difference between protecting modifications of the software, and forcing WORK done with the software to be released under the GPL is HUGE.

    You are right and the FSF agrees. FSF licenses make it impossible to force work done with the software and not embedding parts of thw software to be controlled.

    > I'd be very glad if it was just me misunderstanding the license,

    Be glad :-)

  10. Re:Ugh by m94mni · · Score: 1

    It means that if your ticket reservation site is a derivative of some AGPL code (in the usual GPL sense), you must release your derivative work, even though you never actually distributed it, only allowed access across a network. Nothing else.

  11. Next-gen GPL license by Anonymous Coward · · Score: 1, Interesting

    GPL : release changes if you publish GPL-derived code.
    ?GPL : refer to your GPL-based/derived software X as GPL/X.
    AGPL : release changes if you do not publish AGPL-derived code.
    nxGPL: release changes if you publish non GPL-derived code.

    1. Re:Next-gen GPL license by Aleksej · · Score: 1

      I guess you are a troll, since there's never been a "?GPL" (AFAIK).

      nxGPL is a good goal. I am not sure it is really an FSF's goal, though.

  12. Re:Ugh - Be GLAD by SamP2 · · Score: 1

    Nice to hear, but pardon my ignorance, why the heck does it then refer to those who modify the program as "users"?

    Users are those that use the software to produce their own work. If the license doesn't apply to them, but only to those that make changes to the program, it shouldn't refer to the developers as "users" but "authors", "contributors", or "producers of derivative work".

  13. Ug by pat+mcguire · · Score: 3, Insightful

    I've been against this clause ever since I heard GPLv3 was adding compatibility. One of the important parts of the GPL is that it allows private development if the changes weren't distributed - this is an important thing, as there's no user to protect if it's made for self consumption. The four freedoms that RMS always speak of aren't threatened by this, as the user is the same as the writer - there's no oppression that needs to be stopped here. The addition is a corruption of the GPL, changing it's purpose from one of freedom for all users to the coercive obtainment of the source code at any cost.

    1. Re:Ug by jrumney · · Score: 1, Troll

      If your "private development" in use on a public website, then it isn't really private.

    2. Re:Ug by sayfawa · · Score: 1, Insightful

      Okay, imagine the following scenario: you code some software that allows people to do some horrendously complicated and hard mathematical problems. You release it under the GPL and give it to the Gnu Scientific Library. Some commercial company, like Maple or Mathematica, takes it and installs it on their computers. Then they start charging people large amounts of money to go to a web site, enter in their math problem and have the website spit out the answer after their in-house computers have crunched out the solution using your code. At first it's fine, because anybody could have got the answer from GSL tools as well.

      But then the company makes some changes that allow it to solve an even greater range of problems. Now people have to go to them for this extra functionality, that they built off of your code. Even you have to pay them money to use this extension of your code. That's ok with you? It's a violation of the GPL in every sense except the technical one.

      --
      Free the Quark 3 from asymptotic confinement! Bring your charm! Don't get down! All colours and flavours welcome!
    3. Re:Ug by Ginger+Unicorn · · Score: 1

      if it's made for self consumption then you won't be allowing public access to your website and this wont be an issue.

      --
      (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
    4. Re:Ug by Jon+Peterson · · Score: 1

      Err, sure it is.

      Let's suppose you and some friends want to hack on something. A bit of private development. So you set up a normal webserver, but stick password control on it, so only 6 of you have access.

      Well, the AGPL covers that, because it covers anything that is remotely accessible over a network.

      --
      ----- .sig: file not found
    5. Re:Ug by Ciarang · · Score: 2, Informative

      So you have to release the source code to the six of you that can access it. You already have it. What's the problem?

    6. Re:Ug by pat+mcguire · · Score: 2, Insightful

      My problem is that the clause is too broad. I'll quote it here to point out what I mean:

      "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. 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."

      It covers anything that the user has any contact with on the server. I don't have a problem with the producers using a tweaked kernel version to support the server that it's running on or them adding a module to mySQL to support whatever they're doing without necessarily being forced to give that away for their competitors. As for the objects that the user directly interfaces with, yes, I think you are correct on that account.

      I suppose therefore that the license has it's place as long as it's chosen carefully - I know the kernel won't be leaving GPLv2 , but there's lots of system level software that would take away from the freedom of the producer to use it as they wished if they were forced to give it away. I suppose that the compatibility clause in GPLv3 is the best middle ground for code that doesn't need the protection of AGPLv3, as I would think most user-oriented applications would. COngratulations, you've converted me.

    7. Re:Ug by pat+mcguire · · Score: 1

      Actually, nevermind, there's no use in trying to protect the usage rights of the providers, since they'll simply modify the code under AGPLv3 so that it's useless without the underlying code that they're not required to release. AGPLv3 for all, then.

      Ah!!! This hurts my head worse than constitutional law...

    8. Re:Ug by sayfawa · · Score: 1

      I think I see what you mean. Sorry for getting all preachy. I guess the phrase "interacting with it remotely through a computer network" needs to be clarified. It's not clear how much code "it" refers to. I probably wouldn't have a problem with a company using a slightly tweaked kernel to run their servers and their services either. But maybe the authors of this new license would?

      --
      Free the Quark 3 from asymptotic confinement! Bring your charm! Don't get down! All colours and flavours welcome!
    9. Re:Ug by LatePaul · · Score: 1

      It's no more a violation of the GPL than any company using modified GPL software for competitive advantage. Replace the website above with a call-centre where you phone in your question and staff use the program in-house to answer your queries. What's the difference? And that's always been possible with the GPL.

      It doesn't even have to be a service industy - you could, in theory, make kernel changes that improve your linux performance that has the knock-on effect of allowing you to make an extra widget an hour (unlikely, but theoretically possible). And no-one else would have that advantage because you don't have to release those changes unless you distribute your new kernel.

      It seems to me that if what you really want is to always get the changes returned back to you then you should write that into your license (and there are already licenses that do this).

    10. Re:Ug by cronostitan · · Score: 1

      Well.. I am very torn on this. Sure.. it doesn't seem to be fair at first glance.

      But as you wrote the original software you have the users community in your hands in the first place. If you keep on developing your software you will keep that community. Most OSS companies are not so much worth because of the sofwtare itself but because of the community that gathered around a software.

      Since I am a project leader for a web application software I considered to use the AGPL license long time ago. But since the community and the software is evolving so great it would only limit people in the freedom to customize software to their needs. As most people do dirty hacks anyway instead of a generic expansion that would serve alot more people. And since I keep evlolving teh software with new features the corporations using it have not much choice but giving the mods back to community because re-patching the new version is too much effort compared to the 'givinng-back' alternative.

      --
      Spelling errors were made for your amusement only...
    11. Re:Ug by Just+Some+Guy · · Score: 2, Insightful

      If your "private development" in use on a public website, then it isn't really private.

      That's just bizarrely wrong. By your logic, Coca Cola's formula isn't really a trade secret because regular people can buy it. I'll happily give our customers the output of our internal algorithms, but my boss wouldn't be too keen on giving them the algorithms themselves considering they're how we stay in business.

      --
      Dewey, what part of this looks like authorities should be involved?
    12. Re:Ug by Just+Some+Guy · · Score: 1

      Now people have to go to them for this extra functionality, that they built off of your code. Even you have to pay them money to use this extension of your code. That's ok with you?

      I might not like it, but it's perfectly OK with me. If we were talking about SSH instead of HTTP, I'd have no expectation of getting the source to a console program I happened to run on their server. What's magic about web apps that make them different? Note that AGPL is actually broad enough to cover console apps, too; it's just that no one seemed to have a problem with this for the first 50 years of computing when text interfaces were more popular than GUIs.

      --
      Dewey, what part of this looks like authorities should be involved?
    13. Re:Ug by jrumney · · Score: 0, Troll

      You seem to be overlooking the fact that your so called internal algorithms are actually derivative works.

    14. Re:Ug by Just+Some+Guy · · Score: 2, Insightful

      You seem to be overlooking the fact that your so called internal algorithms are actually derivative works.

      Umm, no, they're not. I'm not talking about taking a CMS and adding a new module to it. I'm talking about using an application server to display the output of a 20-year-old internally-developed application we've written. It's no more a derived work than if running it as a GUI exported over Citrix would make it a derived work of Citrix.

      Fortunately, Zope is licensed under the GPL-compatible ZPL so we don't have to deal with any of this anti-Free Software stupidity.

      --
      Dewey, what part of this looks like authorities should be involved?
    15. Re:Ug by jrumney · · Score: 1

      Then you have misunderstood what this thread is about. It started with someone claiming that the GPL gave him the right to develop his own private derivative, and it wasn't fair that the AGPL took that away. I was merely pointing out that his derivative is hardly private if he is giving people access to run it from a public website. If its your own software, then nothing forces you to give up the source whether it is private or not.

    16. Re:Ug by PhilHibbs · · Score: 1

      Yeah, that's absolutely right. The *PL's don't require that you distribute the source to the whole world, only to the recipients of the software. You can download and sell modified versions of GNU software, and you don't have to give away any source away for free, so long as it is included in the price.

    17. Re:Ug by PhilHibbs · · Score: 1

      The proprietary algorithms in your ZODB objects wouldn't covered by the AGPL. They are the data upon which Zope operates.

  14. Use and copyright by Anonymous Coward · · Score: 1, Insightful

    As much as I welcome this license, and as important as I think it is that web services aren't used to deny people the basic freedoms that every software user should enjoy (especially if that software IS free software to begin with)...

    Can someone explain to me just how this license can actually be legally binding? We were always told that merely *using* a piece of software did not require accepting its license, and - furthermore - that this was not due to a special clause in the GPL, either (in fact, that would've been impossible, since you'd have to accept the license for that clause to have any effect). This made sense: after all, copyright is about copying/distributing/conveying things (like software), not about regulating use of copyrighted works. You can read a book without needing a license from the publisher; you can use software without requiring a license as well (copying it to your own computer may be another matter, though).

    So how can the Affero GPL stipulate that you need to convey the source code of the software you're using to power your web services when you're not actually distributing that software? What would keep $EvilCorporation from simply saying "we do not accept the terms of this license; therefore, we have no right to distribute $UsefulSoftware written by $PhilanthropicHacker, but we still have the right to *use* it, which is all we do when we use it to power our web service"?

    1. Re:Use and copyright by jrumney · · Score: 1

      Can someone explain to me just how this license can actually be legally binding?

      Copyright law allows the copyright holder control over public performance of their work.

    2. Re:Use and copyright by Pofy · · Score: 1

      >Copyright law allows the copyright holder control
      >over public performance of their work.

      But how is this public performance of the work? I am no expert or even that much knowledgable about "web services" but to my understanding the whole issue comes from the fact that the program (the work) is NOT run publicly but on your own servers, only the result, output, of the program is ever public, or is some compiled version of it sent to the users of the service. After all, if the work WAS performed publicly, it would not be unkown or secret and everyone would have access to start with it. So feel free to tell were I am wrong, I would be happy to know.

    3. Re:Use and copyright by jrumney · · Score: 1

      When a radio station plays a song, they play it in a private studio, and beam the results of playing it out to all their listeners. This is classed as public performance, and needs separate licenses beyond the usage rights that owning the CD gives you.

    4. Re:Use and copyright by Pofy · · Score: 1

      >When a radio station plays a song, they play it in a private studio,
      >and beam the results of playing it out to all their listeners.

      They beam the actual work, the song. If you run a program (a work) on your computer and only send out the result of the program (not the work) there is no public performance of the work, which is what I commented/asked about.

    5. Re:Use and copyright by DragonWriter · · Score: 1

      Copyright law allows the copyright holder control over public performance of their work.



      U.S. copyright law provides the copyright owner an exclusive right of public performance only for "literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works" (17 USC 106). Some computer software (many games) I suppose might qualify as either "motion pictures" or "other audiovisual work", but an open-source programming language interpreter, database access layer, or web application framework aren't going to qualify as anyo of those things.

    6. Re:Use and copyright by jrumney · · Score: 1
  15. Re:Ugh by Ed+Avis · · Score: 1
    It depends what you understand by the spirit of the GPL. If you read the GPL version 2 that came out in 1991, the preamble makes it pretty clear:

    the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.
    If all its users are to have the freedom to share and change the software, then that would include users who are accessing it over a web service. So this is a logical step to ensure freedom for software users.

    Are you saying that if I, say, use an AGPL-licensed currency converting web service on my ticket reservation site, I must release the WHOLE site under the AGPL?
    I don't think that is the case - just the source code to the currency converter itself, and any modifications you have made to that converter. Of course if you take the converter's source code and include it in your own code then you must be careful - but that is true with almost any software.
    --
    -- Ed Avis ed@membled.com
  16. what about config files? by baboonlogic · · Score: 1

    Config files can contain secrets such as mysql passwords, etc. And modifying them is definitely modification of source code. I wonder how they get across that one...

    1. Re:what about config files? by larry+bagina · · Score: 0

      Information wants to be free. Back in the day, RMS didn't password his account and he didn't mind if people logged in under his name.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:what about config files? by Jon+Peterson · · Score: 1

      Good point. In many high level languages (esp. PHP) configuration is done though a block of simple code that just sets variables. So, such apps would have to specifically exclude the config file from the remit of the license. Sounds like a minefield to me.

      On the plus side, should be fairly easy to comply for Javascript :)

      --
      ----- .sig: file not found
    3. Re:what about config files? by nihaopaul · · Score: 1

      config-dist.php

      make a new file named config.php with maybe settings that are needed, ta da, a file you created

      fwiw

    4. Re:what about config files? by Sancho · · Score: 1

      So that file doesn't count as a larger work that then must be distributed under the AGPL. If so, then the AGPL is worthless. I can just include my changes to the AGPL project and distribute a clean version of the source, but with the "include \"mystuff.php\"" and a few new function calls. My changes don't go out (they were just included!)

      The whole thing is sticky and not nearly as well thought out as the GPL.

    5. Re:what about config files? by PhilHibbs · · Score: 1

      Config files are definitely not part of the source. They're config files, not source. Simple. Next!

  17. Re:Ugh by BlackPignouf · · Score: 1

    No.
    Yes.
    No, no, no, no, no....

    We're not talking about work created using an application, we're still talking about derivations of an app.
    It's just that this app is a web-thingy app, and will never be "distributed" to users, but will just provide some kind of service to them.
    So that according to the GPL, devs are not obliged to release modifications they made to the code, and can get away with the "free beer" part without caring much about the "free speech" one.
    As always, if this license doesn't suit your needs, don't use it.
    AGPL is no more "viral" than GPL is, it's just appropriate for "free as in free speech" web-apps development.

  18. Depends a bit on what you do by SmallFurryCreature · · Score: 5, Informative

    I write a web based application, say forum software, and publish that under the regular GPL.

    That means you can take the source code for my software and modify it and use it. BUT because you never distribute that modified code (you only run it on your own server) you don't have to honor the GPL and disclose your modifications.

    This is extremely common lots of websites use GPL software but never contribute back their own changes.

    IF I write my forum software under the AGPL and you modify it for your own use, you now have to distribute those changes. Roughly the same as if you had modified a client program.

    HOWEVER your question is slightly odd, if you release a web service under AGPL then you are the original author. As the original author (as long as no others contribute code to you) you can do what you please. Just because version 1 of your software was under X license doesn't mean version 2 has to be.

    What I think you meant to ask was "If I build a webservice with software that is licensed under the AGPL, do I have to distribute changes I make to that software".

    The answer to that is YES.

    Although I presume they will allow you to modify the config file and keep it private, bit of a security nightmare if you have to distribute the bit that contains your passwords ^_^

    Basically this is the GPL for software where the end-user only gets the end-result, not the actuall program.

    It is an intresting idea, the GPL works because it en-forces users to be contributors as well. There is a reason MS and Apple love BSD and IBM loves the GPL. Why should software like forum software be different?

    As a web developer I like the idea. When I release a web-app and you modify it, you now have to give that code back. Seems only fair, why should web-apps be different?

    If you don't like the idea, well then don't use AGPL licensed software. Write your own or use software under a different license.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Depends a bit on what you do by ScorpFromHell · · Score: 1

      Mod parent up!
      Thanks a bunch for the explanation :)

      May your AGPL'ed code always be updated by your end users :D

      --
      -- Prem
      Aiming to tweet on a rice ... help me find the write pen!
    2. Re:Depends a bit on what you do by doti · · Score: 1
      The overall post was good, but this part

      "the GPL works because it en-forces users to be contributors as well" not only is untrue, but also fails to make any sense.

      It forces nothing to the user. The restriction is only upon distribution: if you distribute the software, modified or not, you must make the source code available.
      --
      factor 966971: 966971
    3. Re:Depends a bit on what you do by kestasjk · · Score: 4, Informative

      What I think you meant to ask was "If I build a webservice with software that is licensed under the AGPL, do I have to distribute changes I make to that software".

      The answer to that is YES.

      Well you can relicense it and remove the AGPL license at a whim, and relicense it as you like.

      This license is targeted pretty much at developers like myself; I have a project called phpDiplomacy, and it's currently licensed under BSD.
      Using the GPL seemed pointless, because I'm not worried about people selling the code. I am only concerned about someone taking the code, modifying it, running it on their server and making money off it, but not releasing the changes. Because it's a server-side app they wouldn't have to distribute the source to make money off it, so they have no reason to distribute changes.
      So for me having a license was only about making sure people couldn't take the code and claim they wrote it, and that's pretty much all BSD does.

      I'll probably move from BSD to AGPL now, once I've read it over thoroughly (and hopefully once it becomes OSS approved), and I can definitely remove the BSD license (or any other license) from my own software. I can add and remove licenses as I please, as the copyright holder.
      The only restriction on me is that if someone already has a BSD licensed copy now I can't say "Your copy is now AGPL licensed", I can only license future releases differently.

      (IANAL YMMV)
      --
      // MD_Update(&m,buf,j);
    4. Re:Depends a bit on what you do by sw155kn1f3 · · Score: 3, Interesting

      What really disturbs me is that if someone makes use of, say Perl modules, released under AGPL, even if you're not directly using them, and not even aware, this makes all your custom app code AGPL too?
      Or this is LGLP-like license, where you can freely use LGPL libraries and keep custom code private?
      Can someone explain if this is going to happen?

      --
      - Arwen, I'm your father, Agent Smith.
      - Well, you're just Smith, but my father is Aerosmith!
    5. Re:Depends a bit on what you do by garett_spencley · · Score: 2, Interesting

      I've GPL'd some of my code and I adore OSS both philosophically and for all of it's practical glory.

      However I am not sure how I feel about this. Simply because with GPL code you're talking about something that someone is going to be running on their own machine and for their own purposes. If there is a problem with a locally executing program the user deserves to be able to fix it themselves. There is also trust issues that OSS goes a ways towards fixing. With the source code available you can audit the code for security issues or even intentional malice on the part of the author etc.

      With web services we are talking about applications that do not run on the user's machine. Thus the server-side code doesn't really do them any good anyway. Any code that does execute locally (markup and client side scripts etc.) is available to them.

      So this is pandering exclusively to the original authors who demand any modifications that you make to their code, since it in no way benefits their users. I realize that is a part of the original GPL, but I'm not sure it is in it's spirit. The original GPL says that if you DISTRIBUTE your modifications that you must also provide the code. To me that says "the users of MY software deserve to have the code available to them so that they have a complete 'product' that they can do whatever they want with. So if you distribute a modified version then the users also need to have the code to your modifications otherwise you do not have permission to distribute a modified version of my software".

      The AGPL on the other hand is saying that "even though the code does absolutely no good to your users, even though you are offering a service and not an application you must still release any modified versions of this code because I gave you the original code and I want your modifications back".

      I am not saying that it is good or bad. I am not even sure how I feel about it. I'm just not certain that it's in the spirit of the original GPL. I'm sure others will disagree.

    6. Re:Depends a bit on what you do by Tony+Hoyle · · Score: 1

      Yes - the same as the GPL.

      You have to be careful of which licenses you use. If you're unsure.. consult a lawyer.

    7. Re:Depends a bit on what you do by Anonymous Coward · · Score: 0

      Write your own or use software under a different license.


      Why not use something someone else writes and uses a different license?

      The FSF is going crazy... they're spinning themselves out of orbit.
    8. Re:Depends a bit on what you do by FooBarWidget · · Score: 1

      "even if you're not directly using them, and not even aware, this makes all your custom app code AGPL too?"

      No it doesn't. This is one of the many FUDs spread against GPL and related licenses. Your own software will never, EVER, suddenly and magically become GPL/LGPL/AGPL/WhateverPL.

      What could happen is that you'll have a license violation. You can choose how you want to solve this violation:
      1. Relicense your application under a compatible license. Again: this is completely up to you! Nobody can force you to relicense your software.
      2. Remove any dependencies on the library in question, by rewriting (parts of) your code.
      3. Ask the copyright holders of the library in question whether they'll grant you a commercial license, possibly for a fee.

    9. Re:Depends a bit on what you do by morgan_greywolf · · Score: 2, Informative
      No, no. Grandparent is correct. The restriction on AGPL is not only upon distribution. If you modify the code and put it on your website for users to interact with, then the special clause in the AGPL says that you have to distribute it:

      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. 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.


      So this common Slashdot meme about the GPL does not apply to the AGPL.
    10. Re:Depends a bit on what you do by doti · · Score: 1

      Yeah, but the parent was talking about GPL, not AGPL.

      --
      factor 966971: 966971
    11. Re:Depends a bit on what you do by sumdumass · · Score: 2, Insightful
      The parent also got a few other things wrong with it too. He said

      "BUT because you never distribute that modified code (you only run it on your own server) you don't have to honor the GPL and disclose your modifications."
      A user never had to honor the GPL and the GPL never required a User to give changes or anything back.

      Something that is disturbing here, if your company uses AGPLed software and components inside the company, how does the give out source apply? The people working there are agents of the same company but if an outside person get access to a computer does that mean they now are obligated to give him the source to your companies internal accounting app?

      I can see this as a big show stopper in a lot of ways. Mostly the misunderstanding ways. I will be avoiding it like the plague and I suspect most others not drinking the cool aid would too. I guess I'm going to have to read this again. But I hope it turns into one of those things that always sit in the shadows and never comes into general population.
    12. Re:Depends a bit on what you do by XedLightParticle · · Score: 1

      As I see it, this AGPL thing is flawed in one way; it doesn't work!

      As another on this thread have mentioned, you can include AGPL'ed files with no consequences.
      And then there's the flaw that copyright is about distribution not about use, so the AGPL is only effective where the infamous EULA's are effective as well...

      As an european I want to thank the FSF for giving our online services such a huge advantage over the american ones.

      --
      If I was as pragmatic and objective as I claim to be, would I be commenting?
    13. Re:Depends a bit on what you do by Anonymous Coward · · Score: 2, Insightful


      What could happen is that you'll have a license violation. You can choose how you want to solve this violation:
      1. Relicense your application under a compatible license. Again: this is completely up to you! Nobody can force you to relicense your software.
      2. Remove any dependencies on the library in question, by rewriting (parts of) your code.
      3. Ask the copyright holders of the library in question whether they'll grant you a commercial license, possibly for a fee.

      And this set of options is EXACTLY why many companies have a "no way, no how, no Open Source anywhere near this company" policy.

      All three options are out of the question for many (most?) companies*. The easiest way for them to deal with open source is to avoid it like the plague.

      Your point about GPL not being viral is technically correct, but that doesn't make open source any less dangerous.

      * #3 would be acceptable IF there was a single copyright holder who was interested in cutting a deal, but this is not the case for most open source projects, so again, the easiest and smartest thing to do is to treat open source like a disease.

    14. Re:Depends a bit on what you do by Anonymous Coward · · Score: 0

      I write a web based application, say forum software, and publish that under the regular GPL.

      That means you can take the source code for my software and modify it and use it. BUT because you never distribute that modified code (you only run it on your own server) you don't have to honor the GPL and disclose your modifications. Following the terms of the GPL is honoring it, you are only required per the gpl2 to release your modifications if you distribute the software itself, not output from the software. I think that your comments are misleading to indicate that people/companies/whatever that follow the gpl somehow are not honoring it.

      IF I write my forum software under the AGPL and you modify it for your own use, you now have to distribute those changes. that is correct, or any gpl 2 or higher program that someone wants to make AGPL. A AGPL clause is that its compatible with GPL3, so there is a bunch of software that could overnight become AGPL, however it would be on whomever selects it do decide 'or higher' and per FSF policy you cant take something and force whomever gave it to you to a different license, ie if you distribute XYZ-widget to me which is gpl2 or higher, I cant then go well I want it distroed to me under the terms of the AGPL, but I can take it and do that.

      Further I could AGPL by parasitic infection your gpl 2 or higher XYZ-widget. All I have to do is fork it, add in my stuff which is AGPL and instantly the entire package when distributed or used together becomes AGPL. This has been done with LGPL stuff to make it less compatible with other FOSS software and ensure islands of code which cant touch each other.

      There are already corporations who are afraid of the patent clause in gpl3, who have forbid any gpl3 software in their company. This is akin to the copyright fears under the gpl1 where 'output' was not clearly defined and it could be argued that gcc compiled programs parasitically infect the code making them gpled, so it was banned by some companies. The fact that AGPL has similar wording means that there will be added incentive to restrict usage in the corporate sector.

      This is in part why linux went gpl2 only and not 'or higher'. I expect other projects will at some point do similar things.
    15. Re:Depends a bit on what you do by Anonymous Coward · · Score: 0

      I've been wondering this about the GPL itself. In my job I've been telecommuting for a few months. When they sent me home I took my workstation from work, but they gave me a Linux LiveCD to boot from that automatically connects to their terminal server to run a remote Windows desktop. Have they "distributed" the code on that CD to me, such that they are obligated to give me the source?

    16. Re:Depends a bit on what you do by Otto · · Score: 1

      If you don't like the idea, well then don't use AGPL licensed software. Write your own or use software under a different license. Which is exactly the problem with it, and why very few web applications will use the AGPL. It places additional burden on the users of that software, which web app developers usually don't want to do. Furthermore, most web applications have more than enough developers for them, trying to get the users to, who often barely understand how to install the software, involved in development is a losing game.

      The AGPL is needed by nobody. Sorta like the GPLv3, in that respect. Both licenses actually make the projects using them *less* appealing to users.
      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    17. Re:Depends a bit on what you do by hacker · · Score: 1

      What I think you meant to ask was "If I build a webservice with software that is licensed under the AGPL, do I have to distribute changes I make to that software".

      The answer to that is YES.

      I'm sure others have already replied, but... "The answer to that is NO."

      You only have to redistribute any changes to the software if you have received software licensed under the APL. As an original author of software which is licensed under the APL, and not released to the public, I don't have to release the source.

      Likewise, if I release v1.0 under the APL, and I'm using v2.0 on my public webserver as a webservice, I DO NOT have to release the source of those changes from 1.0 -> 2.0, until I release v2.0 as an update to v1.0's release cycle.

      If I write a webservice, and license it under the APL, and use it publically somewhere, so people can contact my webservice, I DO NOT have to release the source code to that project.

    18. Re:Depends a bit on what you do by Otto · · Score: 1, Troll

      What could happen is that you'll have a license violation. You can choose how you want to solve this violation:
      1. Relicense your application under a compatible license. Again: this is completely up to you! Nobody can force you to relicense your software.
      2. Remove any dependencies on the library in question, by rewriting (parts of) your code.
      3. Ask the copyright holders of the library in question whether they'll grant you a commercial license, possibly for a fee. 4. Don't use any GPL'd software, ever. This is the simplest way, and why GPLv3 software will never gain adoption by any company actually interested in protection of their assets. The use of GPLv3 software opens any private company to possible liability for license violations; moreso than use of any other form of software licensing (including GPLv2).

      GPLv3 software is useless to anybody working in any form of business.
      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    19. Re:Depends a bit on what you do by sw155kn1f3 · · Score: 1

      The problem I see with this is that we're using module X which is standard perl license, but module X uses module Y which is AGPL.
      So we have hidden license violation, because you're using AGPL module, though indirectly. This situation can uncover in many months after deployment.
      So now you not only check license of modules, but also all dependencies. Which could be PITA in any even middle-scale project.

      --
      - Arwen, I'm your father, Agent Smith.
      - Well, you're just Smith, but my father is Aerosmith!
    20. Re:Depends a bit on what you do by DragonWriter · · Score: 1

      The only restriction on me is that if someone already has a BSD licensed copy now I can't say "Your copy is now AGPL licensed"


      Maybe so, maybe not. Gratuitous licenses (i.e., ones that are not contracts, which would include the BSDL and GPL) are generally, in US law at least, revocable at will by the licensor (whether or not their terms say they are "irrevocable" or something similar.) This is, of course, not something the FSF ever mentions in their attempts to argue that the GPL is a license on which both developers and users of software can depend and feel secure in their consistent, unambiguously-defined rights.

    21. Re:Depends a bit on what you do by domatic · · Score: 1

      If this is the case, why don't FOSS licenses specifically disavow that right. That would be an easy way for the likes of MS to create trouble: buy out important FOSS developers then revoke all licenses. Even if antitrust concerns prevent MS from doing it, it seems quite the nasty sideline for patent troll firms to get into.

    22. Re:Depends a bit on what you do by ChrisA90278 · · Score: 1

      even if you're not directly using them, and not even aware, this makes all your custom app code AGPL too?

      No. Read the GPL. The the perl Modual is seporatly distributed (or could be) and it is a different product then no, you are just a user of the Perl Modual and your work is not what they call a "derived work" based on the Perl modual.

      The key is that the PM is not part of your product. It is something the user goes and gets and puts on his machine himself or maybe it came with his operating system.

    23. Re:Depends a bit on what you do by Anonymous Coward · · Score: 0

      Interesting. I also have a web based Diplomacy program (metapaw-dip) and have been waiting for the Affero GPL 3 as a possible licence.

    24. Re:Depends a bit on what you do by FooBarWidget · · Score: 1

      Why? The regular GPL only applies to distribution, not usage.

    25. Re:Depends a bit on what you do by DragonWriter · · Score: 1

      If this is the case, why don't FOSS licenses specifically disavow that right.
      Such a disavowal (which is what the claim to be "irrevocable" is) generally, as I understand, has no more durability than the license itself, as a promise unsupported by consideration. A gratuitous license (with or without a claim of irrevocability) may provide a bar against the licensor pursuing infringement actions after a sudden revocation under an estoppel theory, and that certainly is more likely if a promise was given that the license would be valid for a certain period of time or irrevocable, but estoppel will generally be extended only so far as the court feels is necessary to prevent the former licensee from suffering a substantial injustice from the extent to which they had already relied on the license, it won't make the license really irrevocable. It will just give the licensee the opportunity to argue for some consideration to the resources they've already expended under the expectation that the license would not be revoked.
    26. Re:Depends a bit on what you do by FooBarWidget · · Score: 1

      But would this really be your problem, or a problem of the module in question? If the module depends on a GPL module but is licensed in a GPL-incompatible license, then that module would be the violator, not you.

      And why is this problem limited only to GPL? It's also possible for commercial libraries to have license violations. In the end you have to do your homework no matter what.

    27. Re:Depends a bit on what you do by einhverfr · · Score: 1

      Not necessarily. The GPL v3 compatibility clause specifically states that the AGPL additional requirements do not extend to GPL v3 portions of the work.

      --

      LedgerSMB: Open source Accounting/ERP
    28. Re:Depends a bit on what you do by FooBarWidget · · Score: 1

      Uhm, why? The only way to violate the GPL is to not adhere to the terms of the license. This is in no way different than from commercial licenses.

      What is so "dangerous"? If you violated the GPL, it meant you didn't read the license. It's *your* responsibility to read and adhere to the license, and to face the consequences if you didn't do so.

    29. Re:Depends a bit on what you do by sw155kn1f3 · · Score: 1

      OK.. I agree that it's violation of perl module author. But it's web service author violation too, because it's using AGPL software on the web. Perl module author violates by not setting compatible license, but web service author violates too by presenting web service to the world made with AGPL software? Or not?
      Anyway... I think this will fragment opensource toolbox for web developers which isn't good.

      --
      - Arwen, I'm your father, Agent Smith.
      - Well, you're just Smith, but my father is Aerosmith!
    30. Re:Depends a bit on what you do by sw155kn1f3 · · Score: 1

      It's true when you redistribute your web solution as product. But when you make a web service, install it and start serving to the public, and service contains AGPLed code in it, it's violation.
      With GPL code it wasn't violation, because you weren't really distribute your code to the public, so it was safe.

      --
      - Arwen, I'm your father, Agent Smith.
      - Well, you're just Smith, but my father is Aerosmith!
    31. Re:Depends a bit on what you do by jythie · · Score: 1

      A user never had to honor the GPL and the GPL never required a User to give changes or anything back.

      And that is really the crux of the difference. AGPL functions exactly like GPL if you count 'connect to remote computer' as 'distribute the software'.. which is exactly what AGPL is doing.
      I wonder how long till the extend the concept to IPC? Modify any app that communicates with any other app anywhere even on your own machine and poof you have to contribute back any changes. GPLv4?

    32. Re:Depends a bit on what you do by Otto · · Score: 1

      Why? The regular GPL only applies to distribution, not usage. How do you sell a product without distributing it?

      The GPLv3 makes it impossible to sell a product that uses code licensed with it, making GPLv3 code useless for virtually all forms of businesses that actually interact with end-users.
      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    33. Re:Depends a bit on what you do by FooBarWidget · · Score: 1

      And there you have it, "sell". You're already making the assumption that you're selling that product that uses GPL'ed libraries.
      What about GPL'e development tools? If you use GCC then your binaries are not GPL'ed. If you use GNU Bison to write your parsers then your parsers aren't GPL'ed. Suppose you use a hypothetical FooForum forum software which is licensed under GPLv3 on your website - this has no consequence whatsoever on whatever commercial software you distribute on the website. If you use a GPLv3 calendaring software within your company, then that doesn't affect your software either.

      You're saying "making GPLv3 code useless for virtually all forms of businesses that actually interact with end-users", but this is false, what you actually mean is "I can't copy & paste other peoples' code without adhering to their license terms, so GPLv3 must be useless for all possible situations". That's ridiculous. Visual Studio provides the source code of some parts of the C/C++ runtime library, for debugging purposes. One is not allows to blindly copy & paste code from those files into their own applications, and must adhere to some licensing terms. According to your reasoning, Visual Studio is completely useless for private businesses because of possible license violations when you blindly copy & paste code from the MS runtime library source code.

      Read the license and know what you can do and cannot do. It's as simple as that.

    34. Re:Depends a bit on what you do by FooBarWidget · · Score: 1

      That would probably be up to the court to decide. Point is, you have to do your homework no matter what license your dependencies have. I don't see the difference between modules that are GPL'ed and modules that are commercially licensed, you have to check whether they're legal no matter what.

      You say "fragment opensource toolbox". This whole "fragmentation" issue is overrated. People have complained for years that open sourcing Java will somehow fragment it, and somehow Java is still doing as fine as it did before. Mono didn't seem to have fragmented .NET. The existence of the tons of open source HTTP libraries and browsers don't seem to have fragmented the HTTP protocol.

    35. Re:Depends a bit on what you do by Otto · · Score: 1
      I tried to understand what the hell you're talking about, but can't see how anything of what you said applies to what I said in the first place.

      Use of GPLv3 software to produce something else is no different than use of Microsoft software or anything else to produce something else. I never said otherwise.

      You're saying "making GPLv3 code useless for virtually all forms of businesses that actually interact with end-users", but this is false, what you actually mean is "I can't copy & paste other peoples' code without adhering to their license terms, so GPLv3 must be useless for all possible situations". That's ridiculous. Of course it's ridiculous. You made it up specifically to sound ridiculous, even though it has absolutely no bearing on anything at all that I ever said. Nice try at setting up a strawman though.

      Read the license and know what you can do and cannot do. It's as simple as that. Yes, it is. And the GPLv3 does not allow you to use GPLv3 code in devices that you sell to other people, which is why it's fairly useless. Not everybody is a software developer, not everybody is using GPLv3'd software to produce other software or any damn thing else.

      It's actually very simple, and it's also what I was saying in the first place. I don't know what the hell you were thinking, but clearly, you were wrong.
      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    36. Re:Depends a bit on what you do by FooBarWidget · · Score: 1

      So I see that you're resorting to insults and flaming. What a great and mature way to respond.

      You said "making GPLv3 code useless for virtually all forms of businesses that actually interact with end-users". "Businesses that actually interact with end-users" include, say, shareware authors. Suppose that shareware author uses calendar software to manage his schedule, and that the calendar software he uses is GPLv3'ed. Now I have given you *one* example where GPLv3 software is not useless to a business that interacts with end-users, thereby making your statement, that it's "useless for all forms of businesses that actually interact with end-users", invalid. The fact that the shareware author uses the GPLv3 calendaring software does not force him to release his software under the GPL.

      In your other post you said "GPLv3 software is useless to anybody working in any form of business". My previous example makes that statement invalid as well. In fact I have given you multiple examples in which a company uses GPLv3 software, which means that the GPLv3 software in question is *useful* to that business.

    37. Re:Depends a bit on what you do by Otto · · Score: 1

      You said "making GPLv3 code useless for virtually all forms of businesses that actually interact with end-users". "Businesses that actually interact with end-users" include, say, shareware authors. No, they don't. A developer is not an end-user. He's a developer.

      Suppose that shareware author uses calendar software to manage his schedule, and that the calendar software he uses is GPLv3'ed. Now I have given you *one* example where GPLv3 software is not useless to a business that interacts with end-users, thereby making your statement, that it's "useless for all forms of businesses that actually interact with end-users", invalid. The fact that the shareware author uses the GPLv3 calendaring software does not force him to release his software under the GPL.

      In your other post you said "GPLv3 software is useless to anybody working in any form of business". My previous example makes that statement invalid as well. In fact I have given you multiple examples in which a company uses GPLv3 software, which means that the GPLv3 software in question is *useful* to that business. Oh for fuck's sake...

      Fine, for the 1% of cases in the world where my generalization was incorrect, it was incorrect. You got me! My generalization is not universal, it only applies to the vast majority of actual real-world cases! Whoops! Sorry about that!

      When you're ready to have an actual conversation instead of pedantically arguing semantics, I'll pay attention. Until then, you're just going to go on my foe/ignore list. Buh bye.
      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    38. Re:Depends a bit on what you do by Anonymous Coward · · Score: 0

      "No, they don't. A developer is not an end-user. He's a developer."

      You said "Businesses that actually interact with end-users". The end user is the customer who buys the shareware. The developer is the shareware author. The shareware author (developer) interacts with the end user, *and* the shareware author has a software company. Therefore, his software company is, by definition, a "business that actually interact with end-users".

      So yes it is.

      "Fine, for the 1% of cases in the world where my generalization was incorrect, it was incorrect. You got me! My generalization is not universal, it only applies to the vast majority of actual real-world cases! Whoops! Sorry about that!"

      If it really is a 1% case I wouldn't be here replying to you. The fact is, it isn't about 1% of the cases. Many many people, including those that work in a business, are at this very moment using software that are licensed under the GPL. As more and more software become licensed under GPLv3, many many people will use GPLv3 software, including within business environments. The examples I have given are only a few examples, there are many many more examples in which a given piece of GPLv3 software is not useless to businesses.

      "Oh for fuck's sake..."

      Yes for fuck's sake indeed. If you don't want people to reply to extremely strong statements like "GPLv3 software is useless to anybody working in any form of business" then don't make such strong statements in the first place!!! It's like saying "all people in the world have an IQ lower than 80" and then becoming frustrated when people show you proof that there are many people in the world with an IQ higher than 100. You have nobody to blame but yourself. Idiot.

    39. Re:Depends a bit on what you do by swillden · · Score: 1

      Something that is disturbing here, if your company uses AGPLed software and components inside the company, how does the give out source apply?

      It applies in exactly the same way as if corporate IT installs a customized version of Linux on your desktop. They don't have to give you source.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    40. Re:Depends a bit on what you do by swillden · · Score: 1

      GPLv3 software is useless to anybody working in any form of business.

      IBM, Red Hat, Novell and many others disagree.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    41. Re:Depends a bit on what you do by Otto · · Score: 1

      You said "Businesses that actually interact with end-users". The end user is the customer who buys the shareware. The developer is the shareware author. The shareware author (developer) interacts with the end user, *and* the shareware author has a software company. Therefore, his software company is, by definition, a "business that actually interact with end-users".

      So yes it is. No, again, it's not. At best, he's a middleman. He's a developer using one piece of software (your shareware) to develop another piece (whatever he develops). Therefore he's a developer.

      If he's not using the shareware as part of his development cycle, then he's not a developer for the context of the discussion, and your example is completely obscure and pointless in the first place.

      If it really is a 1% case I wouldn't be here replying to you. And yet it is, and yet you are. Amazing, that.

      You can contrive all the nonsensical situations you like, it doesn't change the facts. Your case is still a 1% case. The rest of the world is busy making things, not pushing papers around in some white collar system.

      If you don't want people to reply to extremely strong statements like "GPLv3 software is useless to anybody working in any form of business" then don't make such strong statements in the first place!!! The statement was meant to be strong. Fortunately, it's also true. That's the beauty of it, see?

      Go back to your cave.
      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    42. Re:Depends a bit on what you do by sumdumass · · Score: 1

      The current GPLs exempt this. Which is why this AGPL is so puzzling to me.

      You can currently trap the output of a GPLed program and pipe it through another program and create a completely different data set without being tied to the original program or even be GPLed in the process. But with the AGPL, making this output available to someone else is distributing and now need everything you did differently to ake it work. An interesting and new concept.

  19. will it hold any water? by oliverthered · · Score: 1

    Last time I checked copyright didn't extend to the output of a programme, otherwise Microsoft would own all of your .doc files and everything produced by gcc would have to fall under the GPL.

    How can the AGPL work in practice?

    --
    thank God the internet isn't a human right.
    1. Re:will it hold any water? by Anonymous Coward · · Score: 1, Informative

      Last time I checked copyright didn't extend to the output of a programme, otherwise Microsoft would own all of your .doc files and everything produced by gcc would have to fall under the GPL.

      How can the AGPL work in practice?


      Tbe AGPL is not about output, it's about modification.

      The difference between the GPL and AGPL is that the GPL only cares about distribution. You can modify as much as you want, as long as you don't distribute, there is not limit. The AGPL expands the "distribution" part to running it on a web server, where people don't download the program, they only use it, thus it is technically not distributed. With the AGPL you still have to give them the source, including modifications.

    2. Re:will it hold any water? by Sancho · · Score: 1

      The theory is the same as with any EULA (the AGPL is truly a EULA, unlike the GPL.) The AGPL allows you to use the code if you give the code back to any of your users. If you refuse to do that, you are violating the license, and thus you have no right to use the software.

      It's the same thing as Microsoft saying that by using their software, you absolve them of any wrongdoing. It's part of the license. If you try to sue them, you're in violation, and thus never had a right to use the software in the first place.

      This is why EULAs are bad. I'm very sad to see the FSF going to one, though maybe it will drive people to more open licenses (like BSD.)

    3. Re:will it hold any water? by Anonymous Coward · · Score: 0

      It's not an EULA. The AGPL doesn't concern itself with end users, just people who wish to host the software.

    4. Re:will it hold any water? by Sancho · · Score: 1

      I guess that it depends upon the definition of "end users." Am I an "end user" of gcc, even though I've never compiled anything in my life? After all, I'm using software that was compiled with gcc.

      It's the same thing with any web service software and the AGPL. If I download web service software and install it to my server, I feel as though I am the user of the software, and my web visitors are users of my site (which is the output of the software--specifically excluded from being a derivative work under the GPL, but not the AGPL in the specific case of web services.)

      Put more succinctly, the GPL never inhibits use of software (that is, running software.) The AGPL does. That's why the AGPL applies to the users of software (the people running the actual software), not just distributors.

    5. Re:will it hold any water? by toriver · · Score: 1

      Of course it concerns itself with end users: It's the only reason for its existence. Since the user interface of a web application is the program's output, this license counts the creation of the web page the user interacts with as "distribution" of the application to the client web browser. And thus a site running an AGPL application needs to have a link to the source or something equivalent. If you make no changes perhaps a link to the original Subversion repository, so you can offload the distribution to the third party that actually has it.

      (As others have pointed out, Javascript packages are most often distributed in source form anyway.)

      The question is rather, why wasn't this anticipated? After all, user interfaces sent as output are as old as IBM 3270 terminals.

    6. Re:will it hold any water? by oliverthered · · Score: 1

      the question would then be do EULA's hold any water, I don't believe their binding contracts.

      --
      thank God the internet isn't a human right.
  20. Re:Ugh by PhilHibbs · · Score: 1

    Are you saying that if I, say, use an AGPL-licensed currency converting web service on my ticket reservation site, I must release the WHOLE site under the AGPL?

    I'm not sure about that one, but even if it were true...

    That's like making a GPL paint program that forces users to release pictures created with that program under GPL.

    No, it's nothing like that!

    What this licence is saying - as is quite clear in TFA - is that if I host an AGPL application, and you log in to my server and use it, I have to provide you with the source code to the web service that you are using including any modifications I have made to it. This means that you can check for vulnerabilities and exploits etc.

    As to whether I have to licence my entire server under AGPL if I use a small AGPL component, well that's a different issue and the article doesn't say whether the licence requires that or not.
  21. Re:Ugh - Be GLAD by PhilHibbs · · Score: 1

    Yeah, you're right, the FSF article does overload the term "user" in an unhelpful way.

  22. Re:It's a new license, doesn't affect GPL by Anonymous Coward · · Score: 0

    Then don't use this new license, but stick with GPLv3 which doesn't have that clause.

  23. No you troll by SmallFurryCreature · · Score: 3, Insightful

    This guy is trolling, he purposefully misreads the license and tries to introduce the old troll that GPL software means that what is produced with that software must be GPL'ed as well. This is offcourse complete and utter nonsense, but it is a regular troll that usually gets modded down pretty quickly.

    He just tries a new angle with the AGPL. To make it clear for those who don't understand the license. Slashdot is run on custom code, lets say that it is released under the GPL, you can now take that code, install it on your own server (scream a bit as you release what you have just done) and run your own site with it (although it never will be quite like slashdot unless you hire a finite number of monkeys as your editors). So far so good. Now you modify this code. To hide your shame you don't actually distribute the code in question, just run it on your own server. A GPL license in this case would NOT force you to release these modifications, the GPL only triggers when you distribute the code/program to others. Google for instance uses a modified GPL code, but because they don't distribute are under no obligation to distribute the modified code (they do distribute some of it although they don't have too).

    IF however the slash code was released under the AGPL you would be forced to distribute your modifications.

    BUT at no point would the END result of the code/program fall under any license other then that which you choose. In this case, the HTML pages created would OFFCOURSE not fall under the AGPL or GPL or ANY license unless you choose one yourselve. (does machine created content fall under basic copyright?)

    This is very clear from the license text and only a deliberate misreading by someone wishing to troll could result in any other explenation.

    The GPL/AGPL are about the program/code, NOT about the results of the program/code. Anyone who tries to claim something else is an idiot.

    It says a lot about slashdot moderation that this tired old troll was modded up. He tries to disguise himself by saying that he is happy to be corrected but before without trying to link Stallman to communism (the gpl is far closer to the true idea of a free market) and without having spouted a lot of outright crap first.

    Now if you excuse me, I have to use windows for an hour as punishement for feeding the troll.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  24. Swell by Jon+Peterson · · Score: 1

    Great! I spend 12 years (count 'em) working to convince first developers, then managers, then commercial directors, and then, finally, lawyers, to see the benefits of open source, and not to fear it. And then this. Great. Thanks.

    In an attempt to make life simple for simple folk, I've spent 12 years explaining that there are three kinds of free software:

    Public domain software - no copyright, no nothing. Rare and not very useful, but it does exist. Well, it did exist until universities wised up to what some of the faculty were doing.

    BSD style software. Free to use, free to make proprietary derivations.
    GPL style software. Free to use, but distributed derivations must also be GPL

    Now this. It's no longer about distribution, it's about use. Not only that, but we aren't talking websites, we're talking any remote network access. 'Remote' is not defined in the license, so it's while localhost is probably excluded, I've no idea what the status of an intranet would be. What about the intranet of a multi-national?

    Bah. So, I run a search engine that's AGPL'd. Cool. Folk can search my site. Then I find a bug, and fix it on my copy of the search engine. Now, I'm in breach of license unless I add some stupid 'download my forked version source code here' link to my site. And I have to keep that link there until the main branch accept my bug fix and release a new version, whereupon I must upgrade to the new version (possibly including other stuff I don't want) until I can get rid of the link.

    --
    ----- .sig: file not found
    1. Re:Swell by niceone · · Score: 1
      Now this. It's no longer about distribution, it's about use. Not only that, but we aren't talking websites, we're talking any remote network access. 'Remote' is not defined in the license, so it's while localhost is probably excluded, I've no idea what the status of an intranet would be. What about the intranet of a multi-national?

      IANAL, but it seems to me you only have to give the "users" the source. On an intranet all the users are in the company, so there is no need to release the source outside the company. From the 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
    2. Re:Swell by Bill+Dimm · · Score: 1

      IANAL, but it seems to me you only have to give the "users" the source. On an intranet all the users are in the company, so there is no need to release the source outside the company. But, do you need to release it to any employee who asks for it, and may they then take it with them when they leave the company and go to work for a competitor?
    3. Re:Swell by AusIV · · Score: 1

      The AGPL is not new. It's exited for the GPL v2 for quite some time, all this does is create an AGPL for GPL v3.

    4. Re:Swell by jatencio · · Score: 1

      The source needs to be available to any employee who uses that web service. But yes, that employee may redistribute the source under the terms of the AGPL. But, even if that employee leaves and works for a competitor, that competitor will need to abide by the same terms.

    5. Re:Swell by Bill+Dimm · · Score: 1

      But yes, that employee may redistribute the source under the terms of the AGPL. But, even if that employee leaves and works for a competitor, that competitor will need to abide by the same terms. Except that the competitor wouldn't be required to distribute the source unless the competitor made its own modifications. Suppose company X takes some generic AGPL code, adds a lot of industry-specific code to it (not of any interest to the original project, but very useful to companies in its industry), and uses it on its intranet. Any employee of X has the right, but no obligation, to obtain the source and distribute it, so the employee could sell it (i.e. "I could give it to you, but I won't unless you offer me a job with a $500k signing bonus") to another company in the same industry, right? If company Y obtains the code from an employee of X, company Y doesn't have to distribute the source unless it changes it, and it may not need to make changes if company X did a good job. So, employees of company X become special assets, because they have rights to distribute the code that other users of the exact same code (i.e. employees of company Y) don't have.
    6. Re:Swell by typicallyterrific · · Score: 1

      Bah. So, I run a search engine that's AGPL'd. Cool. Folk can search my site. Then I find a bug, and fix it on my copy of the search engine. Now, I'm in breach of license unless I add some stupid 'download my forked version source code here' link to my site. And I have to keep that link there until the main branch accept my bug fix and release a new version, whereupon I must upgrade to the new version (possibly including other stuff I don't want) until I can get rid of the link. Keep your changes in a diff patch against a specific release of whatever you forked (SVN does this for you iirc) and whammo!, you're done. Anyone wanting your changes can get them. Not any different from your obligations if you were distributing a forked copy of any regular GPL non-webapp, come to think about it.
    7. Re:Swell by jatencio · · Score: 1

      Of course, this is a possibility. However, it doesn't matter if the company doesn't modify the source. The point of the AGPL is that if a user on the intranet uses this web service, then he or she is supposed to have access to the source. So even though company Y doesn't make any modifications, the source is still available, and in turn can distribute the source by the terms of the AGPL.

    8. Re:Swell by DragonWriter · · Score: 1

      Public domain software - no copyright, no nothing. Rare and not very useful, but it does exist. Well, it did exist until universities wised up to what some of the faculty were doing.


      SQLite still exists and, as best I can tell, is moderately popular.
    9. Re:Swell by Bill+Dimm · · Score: 1

      However, it doesn't matter if the company doesn't modify the source. The point of the AGPL is that if a user on the intranet uses this web service, then he or she is supposed to have access to the source. So even though company Y doesn't make any modifications, the source is still available, and in turn can distribute the source by the terms of the AGPL. I haven't read the whole AGPL license, but section 13 says:

      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... with emphasis added by me. So it seems that it does matter whether or not the company modifies the source, since it says "if you modify" not "if you use a modified version." Company X must offer source to its employees because it modified the code, but company Y can use the very same code without offering source to its employees if it makes no modifications.

      In fact, this suggests a loophole -- company X could form a separate company to create the modified version of the software, that separate company could give a copy of the modified software to company X, and company X could now use it on its intranet without offering source to its employees.
    10. Re:Swell by Anonymous Coward · · Score: 0

      An employee acting as an employee is not an independent agent. So, I would bet it would be legitimate to withhold from them the source - they're not the "user" as an individual, the company is the user and the employee is just a "human resources" and not an actual human being. Since the company has access to the source, the "user" already has the source and so needs not redistribute it to itself.

      On the other hand, a contractor working for you is an independent entity, working-wise. They're not agents of the company, they're not protected from liability in the same way that employees are, so you would have to distribute to them the source.

      I've never heard it litigated, but I would expect the same with the GPL. If a company modifies and uses GPL'd software, they probably wouldn't have to give their employees that just run the program copies of the software, since they're acting as employees - acting as units of the company. It would probably never be litigated because who would try to force their employer to give them source code, since that would be career suicide inside and outside the company, with the risk of losing? On the other hand, an independent vendor using your GPL'd software could turn over your info to FSF and let them handle it if you weren't sharing nicely.

    11. Re:Swell by Anonymous Coward · · Score: 0

      In fact, this suggests a loophole -- company X could form a separate company to create the modified version of the software, that separate company could give a copy of the modified software to company X, and company X could now use it on its intranet without offering source to its employees.

      Insightful and interesting! I don't see why the loophole should only apply to companies. Developer A "hires" (for a dollar?) Developer B to make modifications to APGLed portion of site (or APGLed code used with site), and as part of the "contract", Developer A is the only "user" granted access to the modified site (so the only user who can download the modified code). When Developer B is done, Developer A downloads the source code, "terminates" Developer B's "contract", then closes Developer B's site (nobody else ever gets access to the site, so nobody else ever gets the code). Developer A now has a modified APGL site and need not make any modifications to use it (those were performed by another entity prior to Developer A having possession of the code), and so Developer A is not required to distribute the code (never modified it). Repeat as needed, ad infinitum.

      Surely, multiple FSF staff reviewed this. If slashdot posters can find a loophole like this in such a short time, it raises serious questions about the review process (and personnel) at the FSF. This is disappointing.

      - T

  25. AGPL and projects like phpBB by IBBoard · · Score: 2, Informative

    I can see where this would be useful.

    Say you've got forum software, like phpBB. Lots of people put modifications into it and lots of people release modifications. There are also lots of people who hack in large custom mods and gain from the phpBB base while not releasing anything because it is GPL. If phpBB was AGPLed then major changes like that would have to be released and so anyone modifying, for example, a forum script to turn it into a CMS would have to release their modification. That would then stop people having to re-implement the same CMS functionality just because no-one wanted to release it.

    Okay, so it's not necessarily going to be a winner in all cases, and it may dissuade some people from using a script, but I can see where it might be useful.

    1. Re:AGPL and projects like phpBB by LingNoi · · Score: 1

      phpBB and the modifications are written in PHP. PHP is plain text scripting code. Could you be more specific about what you mean?

      Are you talking about forcing people that customise their own phpBB board but don't release their code for distribution? You are not talking about people that release modifications on the phpBB forum at all. You want to force the phpBB user admins to release their private modifications.

      So you're saying that:
      - Someone that put a lot of effort into making a new theme for their own forum should be forced to release that theme for everyone's use.
      - If someone makes a web game that incorporates a phpBB board they should be forced to give up their web game code.
      - If someone makes changes to anything of phpBB and is hosting it on their own website and handing out html pages to people they should give up their private modifications so that you can use it on your own phpBB forum.

      That's just freeloading on other's hard work and it would destroy phpBB which is already just a platform for spammers anyway.

      I hate opensouce users that contribute nothing towards a project but demand to have everyone's toys. These users kill my enthusiasm to work on the open source web projects I do have.

      I know exactly what I'd say if someone showed up at my phpBB forum and demanded my code that I had put months of work into and wasn't related to any open source work.. "f*ck off". It's my code, I have a copyright over it and can do what I want with it.

      If there is a mod that you want opensourced then you make it. PHP isn't exactly the hardest scripting language and you can get a lot done in a short time.

    2. Re:AGPL and projects like phpBB by IBBoard · · Score: 1

      If (and it's a big 'if') phpBB were to use the AGPL then yes, those bullet points are pretty much what I'm saying. The theming might be different, though, since the theme isn't normally (AFAIK) licensed under the GPL. What I'm talking about is that this kind of license would ensure that all modifications should* be released in the mod area of the script's website.

      As for open sourcing mods, I've already released several for Invisionboard v1 when I was in my teens, a couple for phpBB, I've helped fix bugs in phpBB mods, and I'm working on my own project at the moment that will be released as LGPL (because I want people to be able to reuse the backend library if they want). I may use open source, but I also like to try to contribute back where I can.

      As I said at the end of my previous post, there would be some degree of putting people off if you required them to release their modifications, but at the same time it does ensure that no-one makes great speed improvements and keeps them to themselves. The same argument could be made for GPLing an application - any changes you make have to be distributed when you distribute the app, which might put a lot of people off using and modifying your app. People still seem happy to use GPL, though.

      I'm not entirely sure where I wasn't being clear and where I mentioned the PHP language.

      .

      * 'should' rather than 'must' because if they make a sufficiently small change then it may not be obvious and people may hide it and pretend they never did it.

    3. Re:AGPL and projects like phpBB by LingNoi · · Score: 1

      there would be some degree of putting people off if you required them to release their modifications, but at the same time it does ensure that no-one makes great speed improvements and keeps them to themselves.
      and why would you care about that if they did? What difference does it make if someone has improved their code privately (part of freedom 3) but doesn't want to release it? It has no effect on you, the software project or the open source community.

      The only way this could have an effect is if they wanted to sell/re-distribute those changes, in which case they would then have to publish those changes under the GPL license. So again what's the big deal in letting a programmer privately improve the code?

      The same argument could be made for GPLing an application - any changes you make have to be distributed when you distribute the app, which might put a lot of people off using and modifying your app. People still seem happy to use GPL, though.
      When you make private changes to a GPL app you aren't forced to distribute those changes, only when you re-distribute are you forced to publish your changes.

      Your point is that we should force private changes to be re-distributed and just in case you mention it in your reply.. No, serving html pages to web browsers isn't redistributing the projects source code.
    4. Re:AGPL and projects like phpBB by IBBoard · · Score: 1

      and why would you care about that if they did? What difference does it make if someone has improved their code privately (part of freedom 3) but doesn't want to release it? It has no effect on you, the software project or the open source community.

      But it does. It has the effect that the project could be improved in some way but hasn't been, despite the fact that those changes are being used in a public (i.e. website powering) location.

      When you make private changes to a GPL app you aren't forced to distribute those changes, only when you re-distribute are you forced to publish your changes.

      Hence why I said "when you distribute the app".

      ..and just in case you mention it in your reply.. No, serving html pages to web browsers isn't redistributing the projects source code.

      Quite obviously not, but at the end of the day then I think forum software might not be the best example. A proper web service is similar, but rather than just producing HTML output for an end user then it becomes an integral part of an application that you distribute.

      In that case it is like modifying and using an LGPLed library but not releasing the source - you're using (L/A)GPL 'libraries' with modifications and so should be redistributing them.

      Again, I'm not saying it is perfect for all web-based software, but there are situations where it can have its uses (as with any license).
    5. Re:AGPL and projects like phpBB by ducomputergeek · · Score: 1
      If projects like phpBB choose this licenses, I forsee a lot of project forks on the horizon.

      I do a lot of work developing modifications for clients including custom plug-in development for systems such as Joomla, Drupal, and other systems. Some are under GPL, others BSD, but more often than not the client is paying good money for something that isn't available. If they suddenly they had to pay to create a custom solution to problem XYZ and be forced to release it to the public at no cost, do you think they are going to pay the development costs for everyone? I doubt it.

      If a project like phpBB chose to go with this, I would foresee a major fork occurring for those who like the current structure. It's really no different than the Mambo/Joomla split a few years ago. I forget the specifics, but the Mambo parent group changed terms and so Joomla was born via forking the GPLed code so it could remain GPLed.

      After GPL3, a lot of the folks I do business with have had some concerns. It's led one smaller company I do work with to drop Linux from their embedded devices in favor of xBSD. (Mini and OpenBSD specifically). (Actually this had more to do with the Linksys case than anything, but the legal report from their law firm on GPL V3 was the straw that broke the camels back)

      I've never been an overly huge fan of the GPL. Mainly because I always thought that once people began taking code and developing for internal use without releasing code back that the GPL community would cry foul and start down this path. And it's the main reason why I cut my teeth on Linux for a year before going to the BSD's for server deployments back in 2000.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    6. Re:AGPL and projects like phpBB by Anonymous Coward · · Score: 0

      phpBB "mods" are not the best example to highlight the desirability of forcing people to release their source code.

    7. Re:AGPL and projects like phpBB by IBBoard · · Score: 1

      As an AC mentioned in reply to my original post, and as I replied to the other similar response, maybe phpBB isn't the best example, it was just the easiest that I came up with.

      A better example for AGPL is a real web service. If someone AGPLs a service to do some complex maths and you then improve on it and use it as a web service in one of your applications then it is only fair that you redistribute the changes since you're effectively using it as a modified (GPLed) library but without having to redistribute your changes because you're technically not redistributing it.

      In that situation it's a bit like the limitation of not being allowed to use non-GPLed libraries with a GPL app (where you could slowly siphon code into a non-GPLed library) - you're taking advantage of a possible loop hole in the license, so GPL patches it by saying no non-GPL libraries and AGPL patches it by saying no using AGPL web services without redistributing modifications.

  26. Is this an EULA? by Bogtha · · Score: 3, Interesting

    The trouble with this is that the people purportedly bound by the license are users, not distributors. The GPL works because the people in question are distributing copies and thus need a license. People installing software on a server are not.

    In the USA, you have the legal right to make copies of software for the purpose of using it. Copying it to your server is not copyright infringement. Running it is not copyright infringement. You don't need a license. So what compels AGPL users to accept this license and be bound by its terms? Where is the consideration?

    --
    Bogtha Bogtha Bogtha
    1. Re:Is this an EULA? by xtracto · · Score: 1

      Yeah, that is a very interesting point. GPL is supposed to affect distribution of software. That is why some people (I am among them) argue that it is stupid to show the GPL when users RUN a program, and to make them click accept (it gives the false sense that they have to agree to a lot of crap before using the software... similarly to closed source EULA).

      However as you point out, with web software the end users ARE the system administrators! say for example that Moodle started to use the license. The end users are the people that install the software on their servers. This AGPL license will in such case block the USAGE of the application instead of the distribution. Therefore it seems quite plausible to call it an EULA.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    2. Re:Is this an EULA? by PhilHibbs · · Score: 2, Interesting

      A lot of the data that a web service sends to the data is client-side code, and even the rest of the markup transmitted was mostly created by the developer of the web service code. I think it is this distribution of code that allows the AGPL to put requirements on the operator of the web service. If they go through and replace all the data that is transmitted to the user, then I guess they could ignore the AGPL since they are not distributing anything that is covered by copyright law.

    3. Re:Is this an EULA? by Timothy+Brownawell · · Score: 1

      In the USA, you have the legal right to make copies of software for the purpose of using it. Copying it to your server is not copyright infringement. Running it is not copyright infringement. You don't need a license. So what compels AGPL users to accept this license and be bound by its terms? Where is the consideration?

      It doesn't say that *you* have to provide the source, it says the *program* has to provide the source. Changing the program to *not* provide the source would be making a derivative work, and therefore require permission from the copyright holder. (Of course if the program uses external facilities to provide the source, I don't really see how the license can prevent you from breaking those facilities...)

      Unless john1040 is correct, in which case the whole thing falls apart.

    4. Re:Is this an EULA? by sqlrob · · Score: 1

      That is why some people (I am among them) argue that it is stupid to show the GPL when users RUN a program, and to make them click accept (it gives the false sense that they have to agree to a lot of crap before using the software... similarly to closed source EULA).

      I agree as well, but someone did point a reason out to me. Most of the terms are inapplicable to an end user, except one - the warranty disclaimer.

    5. Re:Is this an EULA? by Just+Some+Guy · · Score: 1

      I think it is this distribution of code that allows the AGPL to put requirements on the operator of the web service.

      Good thing GCC isn't AGPL'ed then, if we're now saying that a program's output is bound by the same license as the program itself.

      --
      Dewey, what part of this looks like authorities should be involved?
    6. Re:Is this an EULA? by PhilHibbs · · Score: 1

      GCC isn't a web service. It makes no sense to release a compiler under the AGPL, and the FSF isn't saying that anyone should. It certainly isn't the case that a program's output is always bound by the same licence as the program, it's just that it makes sense for web services to be licensed this way in order to retain freedom for the end users of software, and freedom for the software itself. No-one is forcing you to use this licence for your web app that you develop, and no-one is forcing you to host the web service software that is licences under the AGPL. The AGPL is just a tool for developers who don't want their free code to be proprietized.

    7. Re:Is this an EULA? by Bogtha · · Score: 1

      It certainly isn't the case that a program's output is always bound by the same licence as the program, it's just that it makes sense for web services to be licensed this way

      You're missing the point. GCC's output isn't bound by the same license as the program, not because it doesn't make sense for the license to do that, but because the license can't do that, because the output of a tool isn't a derivative work (except in corner-cases like Bison). The FSF say this themselves in the GPL FAQ:

      Is there some way that I can GPL the output people get from use of my program? For example, if my program is used to develop hardware designs, can I require that these designs must be free?

      In general this is legally impossible; copyright law does not give you any say in the use of the output people make from their data using your program.

      --
      Bogtha Bogtha Bogtha
    8. Re:Is this an EULA? by PhilHibbs · · Score: 1

      GCC's output isn't bound by the same license as the program, not because it doesn't make sense for the license to do that, but because the license can't do that
      With both a compiler and a web service, I believe that the licence can do that. In both cases, the output contains parts of the originating software. Compiled code contains library routines, which can be (although universally aren't) covered by the same licence as the compiler. With a web service, any client-side code or CSS or whatever that is part of the hosting software can be covered by the same licence. The FSF text that you link is specifically talking about other examples where the output does not contain parts of the originating software. Although the AGPL licence concept could be used for a compiler, it would not make sense to do so, and I do not believe that it is the FSF's intention to do that. I don't see any evidence that even Stallman believes that GCC should only be used to produce Free software. He even recommended use of the BSD licence over the GPL for libvorbis.
  27. option by tizo · · Score: 1

    It is just a new option. Developers who don't like it terms, can still use GPL3. Developers who want to receive modifications of their programs, used as network services, can use the new one.

  28. No, no, no. by skrolle2 · · Score: 2, Interesting

    No, no, no, you've completely misunderstood it.

    The GPL, and all other licenses based in copyrights, only kick in when you perform the actual copying. Say, for example, that you modify MySQL somehow. If you acquired MySQL under the GPL, and you wish to DISTRIBUTE this modified version, you have to abide by the GPL, and give out the source-code for your modifications alongside. This is the only way the GPL can kick in currently, when someone wishes to distribute modifications of GPL software.

    But say that instead of modifying MySQL and making a downloadable application that runs on the user's computer, I make a web application. I still use MySQL on my server, and I use my code for the actual web application, and this combined essentially forms a derived work of MySQL, and if I were to distribute this application, I would also have to give out the source-code for my web app for free. But I'm not distributing it, I'm only making it available through my website, and because GPL only kicks in during distribution, I'm free to use as much GPL software as I possibly want for my web application without ever releasing any source code.

    This is what this AGPL wants to stop. If MySQL was distributed under it, then everyone who built a web app using MySQL, would also have to give away the source code for their web app, if they make it available to users.

    Needless to say, this is not going to be very popular with companies. I can't imagine Google or Facebook or MySpace or similar websites ever wanting to give away their source-code, since it contains all the trade secrets, everything that gives them the edge over the competition. I work for a small company and we have our own web application that is backed by some GPL software, but we would never want to give away the code we made ourselves, that would be suicide for us as a company.

    1. Re:No, no, no. by Dr_Barnowl · · Score: 1

      If MySQL was distributed under it, then everyone who built a web app using MySQL, would also have to give away the source code for their web app, if they make it available to users. Or they will have to pay for a commercial license. Spookily, something aimed at strengthening the sharing aspect of the FLOSS movement may just also increase revenues for companies with FLOSS products tremendously ; any commercial concern who doesn't want people to see their secret sauce is going to have to cough up for a license.

      Specific to RDBMs ; GPL only kicks in if you compile in GPL code, or if you link directly to a GPL licensed library. Most RDBMs software is not directly linked to the application it is serving data to ; clients use sockets to communicate with MySQL. Now, if you link the GPL licensed MySQL client library, your code would also be subject to GPL ... if it wasn't for the specific exception that MySQL make for FLOSS projects only.

      If you link commercial code to a MySQL client library, you're going to have to pay for the licensed version. But nothing actually stops you from writing your own client library. In fact, nothing stops a third party from writing a compatible client library and distributing it under commercial terms at a cost lower than the price that MySQL AB are charging, because communicating over a socket is not linking. You just can't fork the MySQL code to do it. I'd imagine it would be far easier than doing the same thing for Oracle or SQL Server, simply because the protocol is much better documented (you can look at the source, the best source of documentation there is). Not that you'd bother for MSSQL or Oracle because the cost is in the per-CPU license.

      So as a commercial concern your options are not "dump MySQL or post our source on the web". They are
      • Give some money to MySQL AB for this marvellous product that helps us make money too
      • Dump MySQL and port to another RDBMs which may also go AGPL (Postgres) or cost lots of money (MS, Oracle, etc)
      • Write our own MySQL compatible client library
      • Post our source in compliance to AGPL, thus contributing in a way other than money

      If MySQL goes AGPL, it just means that the free ride isn't free anymore ; you pay for the software with something, whether that be money, effort, or source sharing. And that's the whole idea of copyleft licenses. It's not about getting a free ride ; it's about getting a ride and paying it forward (or backward, or sideways ; just so long as you don't pocket the proceeds and give nothing back).
    2. Re:No, no, no. by DragonWriter · · Score: 1

      The GPL, and all other licenses based in copyrights, only kick in when you perform the actual copying.


      Rather, gratuitous copyright licenses like the GPL only restrict your use of rights that are exclusive to the copyright holder under the law applicable to your activity. This includes most copying, but it also includes things that are not copying, and excludes copying under circumstances where that copying is either not within the basic scope of the exclusive rights under copyright or is within the scope of a specific exception to copyright (e.g., in the U.S. at least, "fair use".)
    3. Re:No, no, no. by Anonymous Coward · · Score: 0

      > No, no, no, you've completely misunderstood it.
      >
      > The GPL, and all other licenses based in copyrights, only kick in when you perform the actual copying.

      So you are saying, that all restrictions on the use (other than copying)
      of a copyrighted work - which are very common in commercial software
      licences - are invalid?

    4. Re:No, no, no. by wildwood · · Score: 1

      I still use MySQL on my server, and I use my code for the actual web application, and this combined essentially forms a derived work of MySQL, and if I were to distribute this application, I would also have to give out the source-code for my web app for free. This makes no sense to me, and I suspect that it's wrong. If the web application connects to the MySQL instance through standard database connectors such as ODBC or JDBC, then there is no way that it is a derived work of MySQL. You could, for example, code the app with a vendor-neutral DB API, and just happen to ship with MySQL for convenience.

      In the example you give, the only source code that would have to be released under either the GPL or the AGPL would be the modifications you made to MySQL.
      --
      normal(adj)- people who don't sit on slashdot all day wondering why everyone else isn't building robots [DECS]
    5. Re:No, no, no. by Anonymous Coward · · Score: 0

      If you link commercial code to a MySQL client library, you're going to have to pay for the licensed version. But nothing actually stops you from writing your own client library.

      MySQL AB states quite plainly on their site that the MySQL protocol is covered by the GPL, so assuming that's a valid assertion, you cannot write your own non-GPL client library. Now as to whether a protocol actually can be GPLed, all I can say is I'm not willing to be the test case.

      {Captcha is "odious" - maybe the universe isn't amused by a GPLed protocol either...}

      - T

  29. This is pointless by Anonymous Coward · · Score: 2, Interesting

    For the right to modify code to be useful there is an implicit assumption that the database under the program is available. What point is it for a web user, of any level of sophistication, to have the source for some web app, when he doesn't have access to the database it runs on? He can't reproduce his experience. He can only relaunch the same service on another URL with a different database on the backend.

    This illustrates nicely that the purpose of the FSF is not to ensure users retain important capabilities, but to ensure that there is no copyright in any software work.

    1. Re:This is pointless by Anonymous Coward · · Score: 0

      This illustrates nicely that the purpose of the FSF is not to ensure users retain important capabilities, but to ensure that there is no copyright in any software work.

      Replace "any software work" with "software that the original author (you know, the owner of the copyright) has decided that he wants people to give back improvements to". Noone forces you to make changes to software under this license, just like noone forces you to use Windows.

      Oh, and replace "no copyright" with "Following the wishes of the copyright owner", as he is the one who gets to choose the license in the first place.

  30. Almost correct, but... by SamP2 · · Score: 1, Insightful

    This guy is trolling, he purposefully misreads the reply in question and tries to introduce the old troll that anyone questioning any aspect of GPL must be Windoze fanboy. This is offcourse complete and utter nonsense, but it is a regular troll that usually gets modded up by other fanboyz pretty quickly. ...

    This is very unclear from the license text and only a deliberate misreading of the parent post by someone wishing to troll could result in any other explenation for a complete bs of a reply.

    All debate about GPL on /. must be of admiration and awe, with not a single word of criticism or questioning. Anyone who tries to claim something else is an idiot.

    It says a lot about slashdot moderation that this tired old troll was never modded up in the first place, but he's too kneejercked to actually check that before posting a flame He tries to disguise himself by saying that he is a defender against the defamation of free software but before without trying to link questioning of GPL to heresy (the gpl is far closer to God than Jesus is and without having spouted a lot of outright crap first.

    Now if you excuse me, I have to use windows which (gasp) is not released under GPL for an hour as punishement for being the troll.


    There, fixed it for you.
    1. Re:Almost correct, but... by nuzak · · Score: 1

      I think you're confusing slashdot with Groklaw. Now there's an echo chamber if I've ever seen .. er, heard one.

      --
      Done with slashdot, done with nerds, getting a life.
  31. Now for a contrarian view... by pongo000 · · Score: 1

    I find this license rather onerous, as it basically categorizes the end-user as a distributor, even though no such distribution has occurred, and forces the user, solely on the basis of using the software, into the precarious position of also serving as a distributor for said software. I believe this violates the spirit of F/OSS in that using the software is no longer "free" (as in freedom), as there are now strings attached: Use this software, and you are now obligated to support a distribution channel as well.

    What I predict will happen is that unsuspecting users, who are familiar with the traditional definition of F/OSS (or perhaps have just been turned on to F/OSS), will grab a piece of software licensed under the Affero license, believing it to be "free" when, in fact, it's not really "free". Said user, who might have been a vociferous advocate for F/OSS, will become disenchanted with the entire process as simply a "bait and switch" scheme and move on to some proprietary solution. Score for F/OSS: 0 Score for closed source: 1

    I know there are those who will say "tough shit, should have read the license first." Those people will have lost the ticket to the clue train, because anyone who feels like they've been duped into this scenario (regardless of whether they have read the license or not) will become the worst type of enemy for F/OSS.

    Say what you will, but this license is bad news.

    1. Re:Now for a contrarian view... by petermgreen · · Score: 2, Insightful

      I don't consider a software as a service operator to be an "end user", they are a middleman providing users with the ability to use software that runs on thier servers. Software as a service was being used to essentially do an end run arround the GPLs requirement to provide the source code.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    2. Re:Now for a contrarian view... by mmcuh · · Score: 1

      Say what you will, but this license is bad news. It's not news. The Affero GPL has existed since 2002, this is just an update to fit the language of the new version of the GPL.
    3. Re:Now for a contrarian view... by Aleksej · · Score: 1

      What I predict will happen is that unsuspecting users, who are familiar with the traditional definition of F/OSS (or perhaps have just been turned on to F/OSS), will grab a piece of software licensed under the Affero license, believing it to be "free" when, in fact, it's not really "free".

      I know there are those who will say "tough shit, should have read the license first." Those people will have lost the ticket to the clue train, because anyone who feels like they've been duped into this scenario (regardless of whether they have read the license or not) will become the worst type of enemy for F/OSS.

      Yes, they should have read the license first.

      Compare:

      unsuspecting users, who are familiar with the popular erroneous "definition" of "free software", will grab a piece of software licensed under the GNU LGPL license, believing it to be public domain when, in fact, it's not really public domain.

      ...which happens often.

      That said, I think GNU AGPL has to be used with a care, because it makes one release even dirty hacks like removing character filtering from vsftpd logging feature. OTOH, anyone who uses such a hack should be banned from running an FTP server until they fix it (it's pretty easy), because that is a security hole, whether it is published, or not.

  32. Yeah so? by SmallFurryCreature · · Score: 1

    Basically you are saying, don't use software if you are not willing to follow the license.

    If you can't live with the AGPL, don't use software licensed under it. The spirit of the GPL was that if you modify code, you share it. This has now just been updated to reflect web apps that previously were immune to it.

    Don't like it, don't use it. Same as with GPL software.

    If you want to dictate license terms, write your own software. You can then set any license you want on it. So what if some people don't want to play by the license I choose, let them go somewhere else. Let them negioate with closed source companies about the license. Let them pay me. My code, my license. Your project, your choice as to wether to use my software, but on my terms, not yours, else I will see you in court.

    What you claim is 100% correct, the scenario is EXACTLY what must happen if you use AGPL code on your site. Why should it not? Why should you be free to modify MY code, profit from that for free and not have to share it back? If I wanted that I would have chosen a different license. Who are you to tell me how to license my code?

    I can't make you pick my code, but you can't make me pick your preffered license.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Yeah so? by Anonymous Coward · · Score: 0

      Don't like it, don't use it. Same as with GPL software. You do not have to accept the GPL if you want to use a GPL-ed software. Show me any instances where GPL is neede to accepted before a program can be used. It kicks in only when you want to distribute. Surely you need to do that.

      If I have to accept AGPL just for using it (like most Microsoft EULAs), one of the best points of FOSS has just died. Even MS-PL did not require you to do that (so are GPL or BSD or Mozilla etc). Freedom to use any open-source programs has just gone out of the window.
    2. Re:Yeah so? by Just+Some+Guy · · Score: 1

      The spirit of the GPL was that if you modify code, you share it.

      I'm sorry, but that's bullshit. The spirit of Free Software was always that if you distribute modified code, then you distribute the modifications as well. It was never about making you share undistributed modifications. The difference isn't that subtle and it's hugely important. Basically, the FSF is now saying through the AGPL that you're not free to modify software at all, even just to run internally, unless you make those changes available.

      --
      Dewey, what part of this looks like authorities should be involved?
  33. Misleading? by pongo000 · · Score: 1

    "This license is essentially the GPLv3..."

    Really? Then explain how this GPLv3 clause:

    "You may make, run and propagate covered works that you do not
    convey, without conditions so long as your license otherwise remains
    in force."

    is compatible with the new Affero license? Oh, that clause is not part of the Affero license? Then how can it be classified as "essentially the GPLv3"?

    Very misleading. This is a sad day for F/OSS.

    1. Re:Misleading? by Timothy+Brownawell · · Score: 1

      "This license is essentially the GPLv3..."

      Really? Then explain how this GPLv3 clause:

      "You may make, run and propagate covered works that you do not
      convey, without conditions so long as your license otherwise remains
      in force."

      is compatible with the new Affero license? Oh, that clause is not part of the Affero license? Then how can it be classified as "essentially the GPLv3"?

      Very misleading. This is a sad day for F/OSS.

      Actually, that clause is in the Affero license. The only difference is that there is an extra section with restrictions on how you can modify the program. (Of course, I can have two sentences which are essentially the same (as determined by diff(1)) but mean completely different things, because the only difference is that one has the word "not" added to it...)

    2. Re:Misleading? by pongo000 · · Score: 1

      If that's the case, then the clause is not compatible with the additional conditions specified by the Affero license. Unless the word "convey" has now been redefined. In which case, the GPLv3 now defines "convey" differently than the Affero license. Legal hilarity ensues...

  34. and now why this won't work.. by LingNoi · · Score: 2, Insightful
    Maybe I am wrong here but if your code is..

    <?php
    echo 'blah';
    ?>
    and then you see that I have done all this awesome stuff with your AGPL code and demand the changes, could I just give you..

    <?php
    include 'mycode.php';
    echo 'blah';
    ?>
    Since you have to redistribute changes not your own files it doesn't seem like this license would be much use, just like how GPL2 isn't much use stopping DRM'd linux kernels.

    If however I am wrong and you have to redistribute mycode.php I can see this being a real nightmare for programmers who have incorporated all sorts of code into their project.
    1. Re:and now why this won't work.. by jellomizer · · Score: 2, Insightful

      Hence part of the problem with GPL and AGPL. Is that FSF assumes that everyone is thinking on the same wave they are which is untrue. Most people/companies would be OK to honor the use of GPL Code but as it keeps on getting stricter and removing loop holes it is just turning people and companies off towards it. I know you bring up Big Face Less corporation steeling as much code as possible and making a system that will make million of dollars off the work of some poor GPL developer who put his heart and sole into it. But the flip side is some Mom and Pop software development company uses a small portion of GPL Code (Not being lawyers or feeling very strongly toward IT Politics) they make a really great service and in order to stay competitive with the other big corporations Google, Microsoft, Yahoo... They kinda need to the unique part of their service closed source. But because they may be using some small GPL software that was developed by say Red Hat or Novel, say a function that handles with the Linux Kernel at a lower level for faster performance... they are now forced to release their code, even the bits that has nothing to do with it. There is a flip side, FSF has a tendency assuming that all corporations are evil and all uses of closed source are used for greed. Sometime people need to keep things closed source to survive.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:and now why this won't work.. by sumdumass · · Score: 2, Insightful

      I think your reading too much into things. The FSF seems to want to shoot themselves in the foot whenever possible. They got their fame and fortune being the underdog and claiming that everyone was out to get them.

      Whenever there is a certain level of success in the free software/GPL front, they pull some stunt and take it backwards. It seems that their goal is more to perpetuate their notoriety then to help mom and pop shops. Just look at some of their actions recently, they attacked novell for something that only existed in their mind in order to push a license not many people were interested in and they done this at a time when nobody liked Vista and the switch to vista could have been just as dramatic as the switch to linux. So instead of embracing Vista's rejection, they created an unneeded controversy to keep the masses at bay. Then more recently, even though that their biggest enemies claim they are a bunch of thieves trying to steal your IP with the viral nature of the GPL, they go and take the moneys you donated to them and set up a defense fund for people accused of stealing copyright protected material.

      I know the Viral part of the GPL is mostly FUD. But more interestingly, they knew the claim is being made and went ahead and publicly aligned themselves with accused thieves.

    3. Re:and now why this won't work.. by Sancho · · Score: 1

      If you think that GPLv3 pushed the masses away from using Linux, you may want to seek psychiatric help.

    4. Re:and now why this won't work.. by Kilroy · · Score: 2, Interesting

      The Linux community is what keeps the masses away from Linux.

      The GPLv3 just scares off corporations.

    5. Re:and now why this won't work.. by sumdumass · · Score: 1

      I didn't say anything about the GPLv3 pushing the masses away from using linux. I said the FSF has done it or attempted to do it. And they continue to do it for whatever self destructive reasons. It is as if success scares them or something. Almost as if they don't want a product to become more important then them. And they seems to thrive the best when they can claim "oh woes me, someone is attacking us yet again". It's like the femenazi's with big, plump tits who wear those skimpy shirts with no bra (leaving little to the imagination) that in tiny writing that says "stop staring at my tits" and then cry a river when they catch someone trying to read it.

    6. Re:and now why this won't work.. by Sancho · · Score: 1
      I thought that the GPLv3 pushing masses away was implied by the vague circumstances you listed in your post.

      Just look at some of their actions recently, they attacked novell for something that only existed in their mind in order to push a license not many people were interested in and they done this at a time when nobody liked Vista and the switch to vista could have been just as dramatic as the switch to linux. So instead of embracing Vista's rejection, they created an unneeded controversy to keep the masses at bay. I figured that the center of the controversy was GPLv3 and its changes to how patents are addressed, but even if it wasn't, I highly doubt that the masses are paying one bit of attention to the FSF or their controversies. People stay away from Linux out of ignorance and fear, and very occasionally the fears are justified (the fear that their software won't run, or that there won't be comparable software.)

      Sorry if I assumed too much.
    7. Re:and now why this won't work.. by styrotech · · Score: 1

      I won't say you are wrong, just that your interpretation of whether PHP includes are derivative works or not differs from the FSF.

      Recently there was a big debate about this in the Drupal dev community after one of the developers sought an opinion from the FSF on this matter. Basically any PHP code that is included into Drupal (eg modules, themes, the settings file etc) becomes a derivative work of Drupal (which is GPLed). It was something to do with PHP includes ending up being part of the same memory space as the including code or something as they can directly call functions in the including app (I lost track myself).

      So if Drupal was relicensed under the AGPL (extremely unlikely), an AGPLed Drupal using webmaster would need to supply their config file containing their database connection string to their site visitors :)

    8. Re:and now why this won't work.. by LingNoi · · Score: 1

      I didn't say anything about the GPLv3 pushing the masses away from using linux. I said the FSF has done it or attempted to do it.
      The FSF doesn't really have anything to do with Linux though. Their main goals is in advocating free software and its use. Although it's slightly related to Linux I don't think you should listen to anything they say about Linux unless it is in legal/copyright matters.

      I think the whole RIAA thing is that they are providing computer experts to give evidence. I don't believe it has anything to with providing the defense with support, just an independent review. I can see how this could be turned into what you said and generate negative publicity, but I don't think it would taint Linux at all.
    9. Re:and now why this won't work.. by Anonymous Coward · · Score: 0

      your username says it all, really

    10. Re:and now why this won't work.. by sumdumass · · Score: 1
      Well, if you remember history, the GPLv3 drafts up to the Novell MS situation was being rejected and laughed at the time. The FSF used the Novell deal to push the GPLv3 so it was connected. But it was only connected by the actions of the FSF. It was sort of guns don't kill people, people with guns kill people. And in the same sense, if the gun, or GPL wasn't there, they would have found a knife or something else to sabotage any success and end up with the kill.

      I highly doubt that the masses are paying one bit of attention to the FSF or their controversies. People stay away from Linux out of ignorance and fear, and very occasionally the fears are justified (the fear that their software won't run, or that there won't be comparable software.)

      People like to use what they use at work. This gives them the ability to only have to know one type of computing and lets them make sure any work they do at home can be used at work. So lets go back to the beginning of the ordeal and look at what was happening.

      MS released their new operating system and the majority of people hated it. Businesses and IT people alike put up such a front on the rejection that HP, Dell and other large vendors started offering XP again. They were looking for something other then Vista to upgrade from. The TCO studies MS was so proud to put out all said that paying support personnel and training them or workers was a significant chunk of why MS was cheaper to go with. The switch to Vista neutralized everything. Linux was prime to move into the office workspace and to the homes as a viable upgrade path from windows XP. It was a good shot at increasing the Linux numbers enough that hardware vendors and software vendors alike would have to take a serious look at supporting linux out of the box.

      Novell made an announcements saying that it was working with Microsoft to make linux more compatible with MS products. The FSF started crying that they were getting cozy with MS, MS made a statement about patents that Novell adamantly denied to the point that MS had to come out and release a statement claiming Novell wasn't in agreement with their position. The FSF and others who had access the patent agreement (and should have known better) threw a fit claiming that their as of yet rejected "improvements" to the GPL was going to stop this deal because it was evil. Some of Novell's OSS engineers quit in what they claimed was a protest but when you checked, they were on the new GPL working group. Jeremy Allison of Samba fame was probably the most popular one who was in the lead A Group for the GPL revisions.

      So at a time that companies and people alike were looking for a way to get away from the nightmare that was/is Windows Vista, They were looking at the up and comming Linux and then all the sudden Bam. The FSF attack Novell on still unfounded charges claiming they were the savior with the GPLv3. They attack MS claiming the same thing. Then, out of the blue when things would start to die down, the FSF would pop back up and complain some more. But this is when they got shifty and showed the world that they too could be evil. They claimed that they were going to exempt Novells deal from the Anti Novell provisions in the new GPL so they could replace the license and in effect cause Novell to give a perpetual license to the MS patents in linux by Microsoft's association to the voucher system setup by the MS-Novell deal. They said they were going to rely on craftily worded parts of the license to entrap Microsoft's actions in the deal and make the claims that they consented to giving their patent away by not having an expiration date on the vouchers and waiting until Novell was distributing GPLv3 software and then use it to claim MS was distributing GPLv3 products in the form of SuSE linux.

      Do you really believe that anyone watching the ordeal would turn their company over to a software that announced plans to trick another company out of their possessions? Or a software that just manipulated their

    11. Re:and now why this won't work.. by sumdumass · · Score: 1

      The thing is, The FSF is sort of tied to linux to some degree by the license of linux. Or at least that is the perspective from the outside in. And this is even more complicated when you consider that Linux has become a loosely defined term to mean not only the linux kernel, but a platform as well as a distribution and operating system.

      I know what your saying. But look at it from an outside the loop point of view. Someone not in the know won't know that the FSF doesn't have anything to do with linux even though they attempt to take ownership of it by trying to insert GNU in front of it (GNU/Linux). The point I was trying to make was about the FSF blowing up over the Novell deal where they used the term linux a lot in their rants. I believe one of them was centered around the idea of creating a safe linux distribution where someone submarines a patent into linux (contrary to the GPLv2 section 7) and then one distribution get rights to that patent. (but they didn't stop that from happening with the GPLv3, they just stopped Microsoft from taking part in it.)

      So you see, while they don't have anything to do with linux, they had a lot to do with the perceptions of it along with many other factors like usability from a legal perspective. I believe they calculated this purposely to benifit their goals of pushing a new license that people were rejecting. There is a lot more people playing the linux game that aren't drinking the FSF cool aid then there are supporters of the FSF. They found that out when nobody but them cared for the first incarnation of the GPLv3.

    12. Re:and now why this won't work.. by LingNoi · · Score: 1

      The point I was trying to make was about the FSF blowing up over the Novell deal where they used the term linux a lot in their rants.
      I disagree that they timed this whole thing because they were talking about this patent trap before the Novell deal happened. After the Novell deal happened everyone jumped on the story.
    13. Re:and now why this won't work.. by sumdumass · · Score: 1

      You know, I would agree with you if it wasn't for the fact that the Novell MS deal is a non issue relating to the patent trap thing. And the FSF's supposed fix doesn't fix anything that the GPLv2 didn't already fix or do.

      So they spent a bunch of time and effort spewing hot air and a bunch more attempting to make that hot air look productive and the entire time ignoring facts about the deal that showed it t be a non-issue. Their reaction to the Novell deal was not only wrong, but it was calculated maliciously in the attempt to push the GPLv3 into the hearts and minds of the people already rejecting it. If they weren't revising the GPL at the time this happened or even if there wasn't as much rejection of their revisions, they would have have a totally different reaction to the Novell-MS deal. It would never have been near the scale it was.

    14. Re:and now why this won't work.. by LingNoi · · Score: 1

      Their reaction to the Novell deal was not only wrong, but it was calculated maliciously in the attempt to push the GPLv3 into the hearts and minds of the people already rejecting it.
      Not to say it wasn't wrong but you have to admit that it worked for some people.

      I remember reading a comment on here a long time ago when it all happened it was something like "They [fsf] were right".
    15. Re:and now why this won't work.. by sumdumass · · Score: 1

      Not to say it wasn't wrong but you have to admit that it worked for some people.
      It worked for a lot of people. Some of them have gone backwards after the play making settled down though.

      It was then I started looking at how many people believed things because of some fallacy invented specifically for that purpose. I sort of both resent this and at the same time marvel at how many people are actually this pliable. Some will eventually wise up and look for themselves while some will never know.
  35. just another license by dynomitejj · · Score: 0

    Developers can release their software with whatever kind of license they want, but if they make it too restrictive, then less businesses will use it and they get less exposure, ect. I can't see, for example, google, using software written under this license and then turning over modifications that may have given them a competitive edge in the marketplace. They are going to choose to use a different software or write their own.

  36. It's an Affero... by Anonymous Coward · · Score: 0

    ... disiac. Music to my years.

  37. AGPL is not enforceable (Re:Is this an EULA?) by john1040 · · Score: 4, Informative

    I posted this comment on the FSF's site during the commenting period for the AGPL and I will reproduce it here:

    AGPL is not enforceable in the United States

    Disclaimer: IANAL

    I did some research on case law and I found that AGPL is not enforceable in the United States.

    As I understand it, under US law there are four legal positions in which a party can find itself with respect to a copyrighted computer program it possesses:

    1. Copyright owner
    2. "Owner of a copy"
    3. Governed by a contract such as an EULA
    4. Unauthorized possessor

    Dismissing 1 and 4 as irrelevant to the discussion, we find that a user of AGPL software will be in either position 2 or 3.

    The AGPL is not an EULA.

    Neither the AGPL, nor the GPL, nor the LGPL are EULAs. They are not contracts. So we conclude that a party which uses AGPL software is an "owner of a copy."

    The AGPL purports to restrict one's right to modify software that runs on a public server. It bases this on copyright law, which restricts the right to make derivative works.

    However, 17 U.S.C. 117 (a)(1) gives the "owner of a copy" of a copyrighted computer program the right to modify the program if "... such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner"

    Aymes v. Bonelli, 47 F.3d 23 (2d Cir. 1995) said that: [b]uyers should be able to adapt a purchased program for use on the buyers computer because without modifications, the program may work improperly, if at all. No buyer would pay for a program without such a right.6[The defendants], as rightful owners of a copy of the plaintiffs program, did not infringe upon the copyright, because the changes made to the program were necessary measures in their continuing use of the software in operating their business and the program was not marketed, manufactured, distributed, transferred, or used for any purpose other than the defendants own internal business needs. (as quoted in http://www.copyright.gov/1201/2006/comments/granick_wirelessalliance.pdf)

    This right to modify was broadened in Krause v. Titleserv 03-9303 http://caselaw.lp.findlaw.com/data2/circs/2nd/039303p.pdf Discussion: http://www.techlawjournal.com/topstories/2005/20051107.asp

    Krause is important to AGPL because it includes the use of software over a network. The court found that the "owner of a copy" of a computer program could add new features essential to its business -- including customer modem access to use the program -- without permission from the copyright owner.

    Krause was sited recently in a similar case: Weitzman v. Microcomputer 06-60237-CIV, 2007 WL 744649 (S.D. Fla. March 6, 2007). http://www.thelen.com/tlu/StuartWeitzmanVMicroComputer.pdf The established law of the land in the United States is that the "owner of a copy" of a computer program has the right to modify that copy for its business needs. The AGPL cannot restrict this right without being an EULA and using contract law.

    So, a SaaS provider that is the "owner of a copy" of an AGPL computer program has the right to modify its copy of that program to further its business needs, and it does not require the permission of the copyright holder to do so. This means that it does not have to provide the source publicly for any modifications that it makes. The only way to prevent this is to use an EULA and contract law.

  38. Re:Ugh by petermgreen · · Score: 2, Informative

    The GPL is and has always been passed to DERIVIATIONS of an application
    The GPL is about enforcing give and take in the "free software" community, you get to use and modify the communities code on condition that when you release an improved version your users get the source to those modifications under the GPL (and hence can feed the code back to the community if they wish which if there is more than a handfull of them one of them probablly will).

    The problem has been that companies are making improvements to free software but getting arround the requirement to release the source to those improvements to thier users by operating on a service model and not giving the code to thier users in any form (either source or binary).

    Afaict there is no requirement in the license to release your website data or the source to other apps on your site in the license (though things could get tricky for tightly integrated sites, the license doesn't seem to do a good job of handling them).

    --
    note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  39. Politics and Computers by raphae1 · · Score: 1

    Isn't anyone else tired of this continuous political manouvering that has FUCK ALL to do with software or computers? PD software was a great thing and has been around longer than the FSF. Open Source per se amounts to pretty much the same thing. GPL has been useful, but my reservations are growing together with the version number. And I really don't like the borg mentality. No, I'm not talking about M$Borg this time. At the end of the day, aside all the usual pubilicised reasons such as protecting the developer's rights, the GPL IS designed to force people into it. My standard response to people pushing me is "fuck you". That is if I we're not talking physically. Good ol' Stallman should maybe take a few months holiday in Russia or China and chill out a bit.

  40. The path to the dark side... by argent · · Score: 2, Interesting

    This is another step down the path to the dark side.

    First, the FSF extended their definition of derived work to include programs that were compatible with GPLed code but didn't actually contain any GPLed code, bringing the horrors of interface copyrights into the FSF's fold.

    Now, they're invoking the madness that modifying but not redistributing software is against the license, which is a tool used to lock end-users in by denying them the right to modify commercial software.

    These kinds of clauses and interpretations strengthen the dead grasp of Microsoft and other companies that want to use software patents, interface copyrights, and onerous and offensive non-modification clauses to keep users from modifying their own software. One day, I can see the LPF in court, attacking some onerous license, and their opposite number pointing out that the same clauses were right there in licenses drawn up by the same lawyers working for the FSF.

    Don't fear one evil so much that you end up serving others just as great. Fear leads to hate, hate leads to anger, and anger leads to suffering.

    1. Re:The path to the dark side... by MobyDisk · · Score: 1
      IANAL.

      First, the FSF extended their definition of derived work...Now, they're invoking the madness that modifying but not redistributing software is against the license I've never heard of the 2 interpretations you just mentioned, so I'd love to see a link on it. It sure sounds like complete gibberish to me. Firstly, the FSF can "extend their definition" of derived work all they want, but that doesn't change the law. And copyright applies only to the distributor, and that's been a corner stone of free software for a while. I can, and have, modified commercial copyrighted software on my PC before (hacks, patches, etc.) That's legally protected, and I can't imagine why the FSF would want to try and change that.

      This is the second time in a week I've begun to think that the FSF is overstepping its bounds. As much as I hate the RIAA, I'm not sure I want the FSF involved in RIAA law suits in any way.
    2. Re:The path to the dark side... by Anonymous Coward · · Score: 0

      What?! "Programs that are compatible with GPLed code" are "derived works" according to the FSF? Prove it.

    3. Re:The path to the dark side... by SteeldrivingJon · · Score: 1

      What?! "Programs that are compatible with GPLed code" are "derived works" according to the FSF? Prove it.

      Just wait. As soon as the Stallmanites decide mere compatibility is actually an willful attempt to circumvent the GPL, it'll get added to the ever-growing scope of GPL.

      --
      September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
    4. Re:The path to the dark side... by PhilHibbs · · Score: 1

      Now you're just making shit up.

    5. Re:The path to the dark side... by SteeldrivingJon · · Score: 1


      GPL v4 will include a clause requiring users to wear velvet Mao suits with rhinestones and red metallic fringes.

      Swear to God on my sainted mother's extra uterus.

      --
      September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
    6. Re:The path to the dark side... by argent · · Score: 1

      Firstly, the FSF can "extend their definition" of derived work all they want, but that doesn't change the law.

      They claim that they are not extending their definition, but that a program that calls an API that's implemented only in a GPLed work must be distributed under the GPL because the definition of a derived work, in law, includes works that are *intended* to use the API of the GPLed program. This seems to me to be an endorsement of interface copyrights, which the FSF's twin organization the LPF are adamantly opposed to.

      The AGPL depends on the common legal fiction that making a derived work is creating a new copy of the work, and thus is forbidden under copyright law except as permitted by the AGPL. This is of course the "internal necessary copy" hook that EULAs and copy protection technology depended on for their legal defense before the DMCA explicitly made provision for them.

    7. Re:The path to the dark side... by argent · · Score: 1

      The GNU MP incident seems to pretty much do the trick there.

  41. Does this solve a problem? Or create a loophole? by hacker · · Score: 1

    I see the value of this, for "honest" contributors and companies who wish to contribute back, and ensure that those contributions are kept public and available, but... have we just opened another loophole in the licensing?

    Let's say I write NeatNewWebService v0.1, and I release it under the APL. Now LoathingBastardCompany decides they like it (and I should note, something very similar has happened before).

    LoathingBastardCompany takes the code, modifies it heavily inside their company, and begins using it, exposing it publicly to clients and customers.

    How am I supposed to know that they're using it? How do I tell that my code is actually powering their web service? How can I enforce the APL, if there's no way to determine if it is indeed being used?

    In a previous situation (see above), the company in question took our code, pulled out all of our names, ripped out the license file, changed a few About screens, and sold it to their customers and clients, at high costs. The only way we'd ever be able to gain access to the binary to debug it and find out that it was 100% our code, would be to pay that price to examine it. (In our case, they gave away our viewer code as demos to display their content (prepared with our distiller tools), so we found it easily).

    But how does this happen when you're interacting with the APL code via a web service? And how do you do it, if that web service is in public, but closed usage?

  42. FSF regulating usage is a horrible idea by Just+Some+Guy · · Score: 1

    The GPLv2 regulates distribution, not usage. Some people claim that GPLv3's new language exerts some control on how you use the software, although I don't quite agree with that. The AGPL does, though, and I hate it for that.

    The huge problem is that it makes a special standard for web applications that nothing else is held to. If I host a web app and you use it, I'm not distributing that application to you - I'm running it on your behalf and giving you the output. This is exactly identical to you SSHing into my console server, running a terminal app, and me handing back its output. And yet because "web2.0" and all that crap is so hot right now, people seem to think it's new and different. It's not. It is the old client-server paradigm.

    This is seriously screwed up and I think it's a horrible idea. I grok the GPL and love it, but this is way beyond its original intent. The GPL is supposed to give the end users freedom, not take it away. If I wanted to lose all control of the software I run, I'd just buy a copy of Windows and be done with it.

    --
    Dewey, what part of this looks like authorities should be involved?
    1. Re:FSF regulating usage is a horrible idea by AlXtreme · · Score: 1

      This is exactly identical to you SSHing into my console server, running a terminal app, and me handing back its output.

      Similar, but not exactly. In this case if the terminal app would be licensed under the GPL I would have the right, as a user, to request a copy of the source code of that terminal app.

      The identical case would be for me to SSH into your console server, me giving some input file to you while you actually run the application and hand me a copy of the application's output.

      I understand what the FSF is trying to do, however it is extremely impractical and has a number of loopholes in my point of view. What if the communication was over a local interface (socket or other IPC)? What if I use virtualized OS instances and communicate between these? What if I supply the webservice but only handle requests via pigeon-mail? None of these are done over a computer network, thus I wouldn't have to distribute the service's source code.

      From a practical perspective, how would I know a remote web service is using my AGPL'ed source code? You can only compare the output of the service, while with binaries you can at least investigate the machine code or use a decompiler, which gives you much more certainty.

      Again, I understand what the FSF is trying to do with this license. But in my book output == output, code == code, and restricting one using a license on the other leads to a very healthy paycheck for a lawyer.
      --
      This sig is intentionally left blank
  43. Re:Ugh by Just+Some+Guy · · Score: 1

    The problem has been that companies are making improvements to free software but getting arround the requirement to release the source to those improvements to thier users by operating on a service model and not giving the code to thier users in any form (either source or binary).

    So what's ethically wrong with that? Distribution has a fairly specific definition, and that ain't it. Suppose that the AGPL replaced the GPL in all GNU tools. If it's good, everyone should want to use it, right? So as part of your business, you give shell access to customers. Now they have the right to ask for the source code to Emacs just because they ran it on your server.

    If that doesn't make sense for console programs - and it doesn't - then why is it a good thing for web apps? And if everyone migrates to a non-web framework in the future, say using JSON over SMTP or something else goofy, will there be a BGPL that applies extra conditions only to that class of applications?

    AGPL sucks and is a bad idea all around. I can't believe this got greenlighted.

    --
    Dewey, what part of this looks like authorities should be involved?
  44. Your job is now simpler by Anonymous Coward · · Score: 0

    all you have to do is mention public domain and BSD style licenses.

  45. You missed his point by Anonymous Coward · · Score: 1, Insightful

    If you build a web service with software that OTHER PEOPLE wrote (or more specifically, own the copyrights to), and those COPYRIGHT HOLDERS licensed it under the AGPL, then:

    - YES you have to release your modifications, or you are in breach of the AGPL. (Unless you obtain some other license directly from the copyright holders. If the only license you have from them is the AGPL, you have to follow its terms or you can't modify or distribute the software, or make derivative works of it ("propagate" it in GPLv3 parlance)).

    - NO you can't relicense the original software that you used -- only its copyright holders can do that.

    - You can license your *derived work* however you want, with the exception that it must be compatible with the AGPL licensing terms that the original software carries (otherwise no one will be able to use your licensed code, and your own AGPL rights to the original code it is based on may be terminated due to your breach of its terms).

    IANAL.

  46. splash! by Anonymous Coward · · Score: 0

    The comet has hit and we're just waiting for the shock wave.

    Maybe the fact that AGPL is based on GPL3 will limit uptake,
    but this has the potential to cause vast change. For one, thing
    it may mean many more sites will need "download source" buttons.

  47. Slippery slope. by Anonymous Coward · · Score: 0

    " FSF Releases AGPL License For Web Services"

    To borrow a saying.

    First they came for Tivo, and I remained silent.

    Then they came for Google, and I remained silent.

    You all fill in the rest.

  48. I thought viruses were illegal? by anthm · · Score: 2, Insightful

    It's bad enough that a 2 million line program written from scratch would suddenly be infected by the GPL by including a 1 line file, but now we are supposed to propagate the virus with our web servers? I am perfectly happy to allow the GPL and its descendants to exist but I am reluctant see its roots dig deeper into the minds of ill-informed developers who do not realize the only goal of this license is to see how far it can spread. Before anyone tries to flame me be aware I am simply expressing my opinion, if you disagree, disagree with objectivity. I myself am an open source developer and I practice what I preach http://www.freeswitch.org/ I release my code under the MPL and BSD licenses which are actually much more liberal licenses than GPL but all the propaganda would have you believe otherwise. If you are going to write free code and give it away, then stop worrying about how other people are going to use it. When someone takes your code and makes a service out of it, don't you think they put any of their own work into it building an infrastructure etc?

    1. Re:I thought viruses were illegal? by Aleksej · · Score: 1

      Remove the only file convered by AGPL, and the program is GNU GPLv3-only again.

      As for one file making the whole program GPL, who told you to use the file? You didn't have to, it is your fault.

      Also, a 1 line (which is a 100-character line, not a 30KiB obfuscated program, and not a large encoded image) file should not be licensed under GPL. It would be ridiculous, and remind everyone of "09 F9".

    2. Re:I thought viruses were illegal? by tokul · · Score: 1

      It's bad enough that a 2 million line program written from scratch would suddenly be infected by the GPL by including a 1 line file,
      GPL gives you more rights than copyright laws. If there is no GPL, you wouldn't have the right to use one line written by third party in your proprietary software. If your code is not GPLed, don't use third party GPLed code.

      If you are going to write free code and give it away, then stop worrying about how other people are going to use it.

      When I write code, I write it for the world. Not for some commercial software producer that likes to abuse its userbase. That's why I choose GPL and not BSD or MIT. Your license is free, but I don't want to give that kind of freedom to other software developers. GPL allows me to make sure that others follow my rules and my software remains free.

      I would never choose AGPL because it is way to aggressive. I also would never code under BSD or MIT because some schmuck will take that code and sell it as own one.

  49. How much is too much? by Timothy+Brownawell · · Score: 1

    Basically you are saying, don't use software if you are not willing to follow the license.

    At what point does a license become ridiculous? Car manufacturers don't get to dictate how you're allowed to modify your car no matter how much they might want to. Sure software authors have a legal right to do that, but why do you seem to be saying that doing so is morally defensible? It's just an artifact of twisting a system meant to protect artistic expression to also protect useful tools.

  50. Relevant bit & DFSG by BlueParrot · · Score: 1

    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. 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.


    Is this compatible with the Debian Free Software Guidelines?
  51. an administrators nightmare? by kandresen · · Score: 2, Insightful

    Is it just me, or does this seem to be an administrators nightmare?

    Lets say I run a modified version of PHPwebsites under AGPL; I would then need to maintain a copy of the source code available for the rest of the world on my site(?). This would of course mean that the source code directory would indicate what version of the software I ran, as well as the patches I did to it. This in turn would not only open for easy detection of programming errors in the small local patches on my server, but as I could not apply the changes to the latest version without also announcing that I updated the software, which in turn would announce quite immediately to the world that my currently running version is out of date with vulnerabilities, as well as how much time I would usually take from a new version of the software is released, to I as admin have cleared it/activated the changes on my site.

    So not only will I be more likely need to daily monitor every software used under this license to always run the latest version to avoid hostile takeovers of my server, but the attacker would be even one more step ahead of me, knowing when I would typically get things fixed - can only imagine how it would be to run a few applications on a server under a license such as this...

    1. Re:an administrators nightmare? by SteeldrivingJon · · Score: 1

      Furthermore, there is often a big difference between code meant for use locally and code suitable for redistribution. Code often needs a fair amount of cleanup before it can be distributed without embarassment, especially if there are sensitive site-specific changes.

      Considering how service websites are often in a fairly continual state of flux, with frequent code updates, this looks to be a real hassle. Or how many modifications are made purely to hack around internal environment issues, and aren't really generalizable?

      Overall, it seems like this scheme is designed without any understanding of how opensource code is used in the real world. It's like the FSF lawyers and ideologues designed it thinking only of Google and Amazon and how to stop them.

      --
      September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
    2. Re:an administrators nightmare? by kestasjk · · Score: 1

      Well I expect you'd only need to have the code available on request. I don't think it has to be automated. Also I don't think admins would have to deal with it as a problem, because no-one's going to sue you for not revealing the code without good reason to.

      --
      // MD_Update(&m,buf,j);
  52. Distribution vs. "use". by serviscope_minor · · Score: 1

    Copyright covers distribution, and not use, so it sounds like the license is a contradiction, since making services available is not distribution.

    However, copyright also covers the creation of derivative works. So a rule could be "you can create derivative works if and only if { when you make the derivative work available to users, you make the source code available}".

    It would be hard, probably impossible for a copyright license (not an EULA) to prevent someone using the unmodified code and not making it available. But that doesn't really matter, since the unmodified code can be obtained elsewhere.

    Any other slashdotter non-lawyers care to speculate further?

    --
    SJW n. One who posts facts.
    1. Re:Distribution vs. "use". by Anonymous Coward · · Score: 0

      So a rule could be "you can create derivative works if and only if { when you make the derivative work available to users, you make the source code available}"....Any other slashdotter non-lawyers care to speculate further?

      This non-lawyer is willing speculate further: That rule wouldn't apply in the case of web services (and so on) because the derivative work isn't what is being made available to end-users, but rather the output of the derivative work (which often also becomes further input to the derivative work). Except for unusual cases (see later), the derived work is distinct from its output. Tangentially, IMHO, APGLed client-side JavaScript is a non-issue as the end-users have access to it anyway.

      Specific to US copyright law: A few posters have tried to make the case that "public performance" applies, because software is treated as a "literary work". But a little thought shows this idea to be flawed. When someone reads (distributes) The Canterbury Tales on stage, the audience hears (receives) a copy of the literary work; clearly this is public performance. However, when a web service (for example) executes, the end-user (the "audience") does not receive a copy of the literary work (the web service implementation is not distributed), but rather the output of the implementation; no PHP (or Perl, or whatever) code is sent to the client-side. That is not "public performance". Maybe an unusual case where the "public performance" idea might apply (and maybe your rule, too) would be some sort of tutorial site that instructs end-users on how to use some APGLed Perl module (or whatever) by providing implementation examples directly in the output, e.g. as syntax-highlighted code.

      I appreciate the FSF's apparent motivation, but this license has fundamental problems.

      - T

  53. Do we need both GPL and AGPL? by Bromskloss · · Score: 1

    I recieved the newsletter earlier today, and I still haven't figured out why this isn't part of the ordinary GPL. Perhaps GPLv3.1, if they forgot it in version 3.

    --
    Swedish plasma phys. PhD student; MSc EE; knows maths, programming, electronics; finance interest; seeks opportunities
  54. Re:Ugh by DragonWriter · · Score: 1

    AGPL is no more "viral" than GPL is, it's just appropriate for "free as in free speech" web-apps development.


    In that both are completely inappropriate for that, this is correct. The GPL is not "free as in speech", however much its proponents want to claim that way. Its a conditional license offered by the owner of a property (a copyright), and is, as such, "free as in beer".

    Public domain software is "free as in free speech" -- you may use it freely without restrictions or conditions imposed by any private party so long as you don't break generally applicable laws in what you do with it. GPL software is a "gift" given to you in the hope that you will serve the interest of the property-holder granting you the license, and with terms that restrict your ability to use it in other ways. "Free as in free speech" for that is a clever sales tactic, but not even a remotely accurate parallel.
  55. Important Step for the Future by Anonymous Coward · · Score: 0

    Say what you like about Stallman. I've no doubt that in terms of modern software development, he can't program his way out of a wet paper bag to save his life. However, he is a futurist and a visionary when it comes to *the way people create, acquire, use, and share software*.

    In a few years, when you see how evil the combination of TPM (Treacherous Computing) and Software Services can be, you'll be thankful that Stallman was looking down the road and built the AGPL to give us a bridge. The overlooked feature of AGPL is the much-maligned "tivoization" clause of GPLv3. That very clause will be the saving grace of services on the web; the key (no pun intended) to ensuring that vendors cannot lock you in via Treacherous Computing.

    As a consumer, prefer web services licensed under AGPL; you won't be sorry.

  56. Affero? by SteeldrivingJon · · Score: 1

    WTF? Is that supposed to be a brand name?

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  57. Or ignore the AGPL by SteeldrivingJon · · Score: 1

    "If you can't live with the AGPL, don't use software licensed under it."

    Or ignore it. Civil disobedience. I'm not sure why the AGPL's onerous requirements would be respected when the RIAA's aren't.

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  58. Re:Ugh by SteeldrivingJon · · Score: 1

    The GPL is about enforcing give and take in the "free software" community

    If it's forced, then it isn't given, it's purely taken.

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  59. Someone in Russia start MyGPL by SteeldrivingJon · · Score: 1


    Someone in Russia should start MyGPL.com, where for mere pennies you can download software with all GPL references stripped from them.

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  60. There is no forced distribution of functionality by einhverfr · · Score: 1

    in the AGPL.

    Basically the AGPL and GPL v3 both allow the use of components under the other license without affecting the license of the whole work. Hence it seems to me that if you release an AGPL v3 library, nothing prevents me from writing all network interfaces with GPL v3 code, hence absolving myself from the requirements. Similarly, nothing prevents me from writing all user interfaces in GPL v3 code, thus opting out of the AGPL restriction.

    And even when I am required to make the changes to the core libraries back, nothing prevents me from writing another library which implement that functionality, so all you get is a note stating that functionality is in another library which is not distributed.

    Again, I think that forced distribution is an anathema to software freedom and would never use this license anyway, even if that forced distribution does not force a distribution of the code implementing new functionality.

    --

    LedgerSMB: Open source Accounting/ERP
  61. Re:Ugh by petermgreen · · Score: 1

    Distribution has a fairly specific definition, and that ain't it.
    Indeed.

    So what's ethically wrong with that?
    It is trying to find loopholes to avoid doing what you would otherwise be required to do. I put it in the same categrory as writing a wrapper round a GPL library to let it be used over an interprocess communication mechanism from non GPL apps.

    If it's good, everyone should want to use it, right?
    Every restriction you add to a license has a cost and a benefit. Choosing an appropriate license for a peice of code you release is about balancing costs with benefits. There is no one license that is right for every code release.

    So as part of your business, you give shell access to customers. Now they have the right to ask for the source code to Emacs just because they ran it on your server.
    If it was normal practice for people to offer access to modified versions of console apps on their servers and use them as a selling point while not giving the source to them to the community I would support use of a similar license for console apps. As it stands for most if not all console apps I think such a license would do more harm than good.

    --
    note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  62. What is the 'spirit' of the GPL? by SmallFurryCreature · · Score: 1

    That is really the question isn't it. IS it what you claim, OR is it closer to what I think namely.

    You can use my code but if you change it, I would like you to share those changes.

    The BSD license is (in my opinion): Here is my code, I think you would be better off if you used it instead of writing your own, so please use it without any obligations other then that you cannot claim it as being your own.

    The GPL spirit has always been against that and is more I share so you share.

    That you didn't have to share your modifications under the GPLv2 if you didn't distribute it was more of a side effect. Another guy who responded to me earlier pointed out that for his website code he used BSD, because the GPL had no meaning for that kind of code, but now he is condering going to AGPL instead.

    If you write server programs like all those PHP packages then the GPL is useless to enforce sharing because those who modify the code do not redistribute it.

    Surely part of the idea of GPL is that software is better if lots of people work on it? It worked for client programs, who should server programs be different?

    Because in away the REAL end user, the person actually USING the program (in my example the slashdot based website reader) still is the same end-user as before, and if I modify the slashdot code send to me, I don't have to share it.

    I think of this as the closing of a loophole for a specific class of code/programs. But yes, I guess it all depends on what you consider the GPL to be about. Is it about allowing users to modify their code OR is it to enforce sharing of modifications.

    You see, my personal problemwith your view is, why are you so against sharing code back? What is so damned objectionable against sharing those modifications you made back? It is not like I am asking you to donate blood or something. I am highly suspicious of people who want to use free software but don't want to share their own code.

    I think your reading of the AGPL is perfectly accurate, and I like it. You want my code, fine, but I expect you to share it back. Perhaps that makes me an asshole, perhaps that makes you not want to use my code, but I have real trouble why I should give you my code, but you get to keep yours. Come on, I show you mine, you show me yours, it is a fun game, trust me ^_^

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:What is the 'spirit' of the GPL? by bnenning · · Score: 1

      The GPL spirit has always been against that and is more I share so you share.

      The GPL has always supported private modifications without requiring providing the source. In fact the FSF criticized the inital version of Apple's open source license because it required publishing private changes.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  63. Re:Ugh by SteeldrivingJon · · Score: 1

    It is trying to find loopholes to avoid doing what you would otherwise be required to do.

    No it isn't. Nobody sets up a web service in order to find loopholes in the GPL.

    This is the FSF engaging in creeping authoritarianism, as could have been predicted. "Oh noes!" they say "People are using freedoms we did not explicitly allow them to have! We must stop that immediately! Release the hounds!".

    Really, they're no different from the RIAA.

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  64. ! (Great idea) by Anonymous Coward · · Score: 0

    In a distributed environment all this does is create an untenable can of worms. Consumers of the application may not have a clue that a middleware component is or is not talking to a system with such a license in place. People are already rewriting software due to license differences between GPL, LGPL and perhaps soon GPLv3. Lets keep expanding the fragmentation as this situation contributes positivly to the world. Oh wait...no it doesn't...oh ..oops..

  65. Re:Ugh - Be GLAD by SteeldrivingJon · · Score: 1

    FSF licenses make it impossible to force work done with the software and not embedding parts of thw software to be controlled.

    So with all the force and control, where the fuck is the freedom? It's pretty clear where the FSF's emphasis is, and it's pretty much the same as the RIAA's.

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  66. A major problem with this plan by kc8jhs · · Score: 2, Insightful

    I can think of a number of reasons why many projects won't go with this. Imagine this scenario

    I start contributing to an open source project, such as a web app. My contributions are released under...say... GPLv2.

    I am also a consultant or run my own business. As a service, I modify and setup the application to meet my clients needs. I'm really good at this 'cause I know the software well. My clients get a good product that meets their needs of reasonable privacy, and they can choose what portions of the modifications they wish to release under GPLv2.

    With AGPL, the same process breaks down. My client is not happy when I tell them I have to release the entirety of their customized web app, back to the public under AGPL. Their competitor copies it, and my client goes out of business and doesn't hire me anymore. Not good.

    Some web apps are in favor of the GPLv2 model as they already have plenty of contributions, and get more meaningful enhancements committed, if they know that the people doing the work are going to go a modify it later, for private use. Case in point, Drupal.

    1. Re:A major problem with this plan by Anonymous Coward · · Score: 0

      I am also a consultant or run my own business. As a service, I modify and setup the application to meet my clients needs. I'm really good at this 'cause I know the software well. My clients get a good product that meets their needs of reasonable privacy, and they can choose what portions of the modifications they wish to release under GPLv2.

      With AGPL, the same process breaks down. My client is not happy when I tell them I have to release the entirety of their customized web app, back to the public under AGPL. Their competitor copies it, and my client goes out of business and doesn't hire me anymore. Not good.


      And maybe not - check this and my response. It looks like you're saved by a loophole, because your client hasn't modified any APGL code, so therefore isn't required to distribute anything. OTOH, I doubt anybody wants to be the test case for this.

      - T

  67. AGPLv3 is a copyleft breakthrough by wikinerd · · Score: 1

    RMS founded FSF to protect computer users. GPL protected users until the proliferation of the Web made it possible to run a modified program on a network without revealing the source. The new AGPLv3 not only protects users but it also protects Web 2.0 businesses. For example, if I release the code of a blog site under GPL then I run the risk of a competitor improving the code to run a better site without revealing their source. But with AGPLv3, businesses can now safely release the code of their Web 2.0 sites without worrying about competitors. This creates a technological equality in the marketplace where the most successful sites will be those offering the best customer care, or the most sane privacy policies etc, which is actually what matters most in a Web business. How many times did you feel you had to use the services of a site which you disliked some of their policies but offered some features (ie technology) not present in competing sites? If competitors get to compete on customer care and the quality of offered products rather than technical features, then this will be good for the marketplace overall. Furthermore, with the greater adoption of Web 2.0, more and more of your software is going to be network-based, so at some point in the future instead of Matlab, Photoshop, and SPSS you will simply access a website. How would you feel if your mathematical and statistical calculations were done by software which you could not verify their source code because it is hidden behind the network? What if a future voting platform uses networked software? What if all future computers work with a network OS? Users get no protection when their software inner workings are hidden behind a network. AGPLv3 is one of the most wonderful developments in copyleft (but of course credit has to go Affero as well for conceiving the first Affero licence), and I actually immediately started offering generous discounts to any client of my software consulting business willing to release the resulting work under AGPLv3, and actually my discount rate for AGPLv3 is higher than that of classic GPL.

    Disclaimer: I am a Contributing Member of the FSF.

    1. Re:AGPLv3 is a copyleft breakthrough by Anonymous Coward · · Score: 0

      But with AGPLv3, businesses can now safely release the code of their Web 2.0 sites without worrying about competitors.

      That's hyperbole. AGPL's requirement to provide source only kicks in if the AGPL code is modified. What's to stop competitors from using the unmodified code to grab clients without doing any real work? Some might say that can also happen with other licenses (GPL, BSD, whatever), but then AGPL isn't helping either.

      Also, how are "Web 2.0 sites" better served by AGPL? "Web 2.0" usually implies client-side script; AGPL or not, the end-user has access to that code.

      The spirit behind the GPL makes sense for a lot of software, for example GIMP. A user downloads GIMP and works with it. Eventually, the user discovers a bug, missing feature, or maybe something he just doesn't like. It's possible, for whatever reason, the GIMP community doesn't address the user's concern. So, the user can download the source and fix it himself (whether the user is capable of changing the software, or knows someone who is, is irrelevant - he has the freedom to do so, enforced by the GPL's applicability to distribution of the covered work).

      Now let's say the user wants to use some website, say ebay.com, and let's assume for the sake of discussion that eBay's site implementation is publicly available as a consequence of the AGPL. Exactly what is this user supposed to do with his downloaded eBay code? He can change it and run those changes on his own server all he wants - he won't have much to bid on. In theory, it allows him to become an eBay competitor; good luck with that. It seems the primary intent of AGPL is to avoid those who would "leech" off F/OSS by putting a SaaS facade on modified GPL applications where those modifications haven't been shared, and I appreciate the desire, but this goes too far.

      - T

    2. Re:AGPLv3 is a copyleft breakthrough by wikinerd · · Score: 1

      What's to stop competitors from using the unmodified code

      Nothing. And this is no problem.

      Let's say I get Drupal to implement an e-commerce site. If another competitor also uses Drupal, we both have the same technological base, so we compete only in terms of quality of offered services and company policies. If the competitor modifies their code to add a new technological facility, let's say the ability to forward price quotes to an SMS number, then they will grab users who need this technology, even though the users may dislike their corporate policies or their customer care. The competitor does not release the modified source because they know that if they do I will copy it and I may improve it and I may also refrain from releasing my own modifications. But with AGPL, we will both have to release our modifications, which will cause our sites to use the same technological base and compete only in what has real value, ie customer care, quality of offered services, and corporate policies.

      Users should choose the best businesses in the marketplace, ie those who offer good products and sane privacy policies etc. If one business creates some proprietary technology and uses it to grab users, then the whole marketplace suffers, because then the company stops competing in what has value and instead focuses on forcing users needing this technology to buy from them ("you want 3G access? Great, please sign away all your privacy rights because that's what our privacy policy says... and no, you have no alternatives because we are the only business in town offering you the 3G technology so if you have a real need for it you cannot disagree to our policies"). If a company gets its hands on exclusive superior technology, then they can get lazy and stop caring about their customers.

      It is my view that competition with technology is bad, and competitors should solely compete in the quality of their services/products, the quality of their customer care, price, and the saneness of their corporate policies, which is actually what has real value and what makes a good capitalist look different than a leech. I also have the view that technology is (or should be) more controlled by the society and humanity as a whole rather than by closed groups who wish to limit the diffusion of innovation. This is also one of the reasons I don't like copyrights and patents in general.

      Thus, AGPL can help Internet innovation and new network-based technology to be diffused among companies and nations, thereby helping create a technological equality among competitors, which will be a good thing because it will make them compete on what should be the core competencies of every business: Namely customer care and value creation.

  68. They're totally screwing up alignments with this by SteeldrivingJon · · Score: 1


    Also, I don't like how they're redoing the outer planes, and the inclusion of miniatures rules is a big pain, especially when they're selling miniatures like Magic Cards, as artificially scarce collectibles.

    Wait, what?

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    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  69. Re: yup you are not by Anonymous Coward · · Score: 0

    ... a lawyer

  70. Extremely dubious. by ikekrull · · Score: 1

    I don't think this license is valid at all.

    Should a user decide to breach this license, what crime will they have committed?

    Can I, as the manufacturer of an item, place restrictions such as this on its use without a contract? Can the LEGO people put a bit of paper in their boxes which requires copyright on anything you build with their blocks to be licensed back to them? Is that in any way enforceable?

    Do we believe that the right to modify the products we buy should be in the hands of the manufacturers of these products? Is it a crime that people unlock their iphones and use them on a different network?

    Surely, if these AGPL conditions are valid, then Apple should be able to prohibit the use of the iPhone on non-licensed networks simply by including a piece of paper in the box that says you may not do that. In fact, they probably do, but what crime are you committing by using a product in a manner not approved of by the manufacturer? And what is their recourse when this license is breached?

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    I gots ta ding a ding dang my dang a long ling long
  71. How would this work, exactly? by wildwood · · Score: 1

    GPL: "Hi, I just got this binary tarball from you, and I can see in the license file that it's a GPL application. Please send me the source, too."

    AGPL: "Hi, I see you're running a website, and I believe that you're running some software that's licensed under the AGPL, and, further, I believe that you're running a slightly modified version of it. Can you document for me that every server in your fleet is, in fact, not running any non-publicly-released versions of this software I believe you're running?"

    This is either unenforceable, or it will be an incredible pain in the ass for any public website out there.

    --
    normal(adj)- people who don't sit on slashdot all day wondering why everyone else isn't building robots [DECS]
  72. Re: yup you are not by Anonymous Coward · · Score: 0

    U ANAL?

  73. Copyleft++ by isdr · · Score: 1

    The way I read the thumbnail sketch at first (and I'll need time to read and re-read the actual license to truly understand) was that if you use an AGPL licensed piece in your system, you would now be obligated to make it (and any changes, of course) available to the *users* of your website, thus allowing them to setup their own website, either to compete on the public net or for security on the private net.

    This actually seems to fit in well with the way the FSF thinks. After all, the point of the GPL is to ensure you can't be locked in, you can use, learn, modify, distribute, etc. How is running web based software really any different in the grand scheme of things? You can get locked into a proprietary website just as you can to a proprietary OS (to one degree or another). So why not require that web applications be 'virally infected' by a license that guarantees and protects the rights of the users of the software? Sounds like the 'logical' progression of copyleft...

    Not saying I promote that or agree with it. Just sharing my original impressions on the synopsis.

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    Scott Dale Robison