I think these issues should be judged by the substance of the requirement rather than by the legal hook which is used to impose it. For instance, a requirement to make source available to users is substantively a requirement of distribution rather than a restriction on use.
At present we are planning to try to handle the ASP problem in the GPL through a limitation on a certain kind of modification--that you can't delete or disable a command that lets the user download source (if the program has one to start with). Lawyers we have consulted think that will work. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
