RE: Affero GPL. Big loophole?

2002-03-21 Thread De Bug

Where are the teeth? In my reading, the essence of the interesting
part of clause 2(d) is
  must offer an ... opportunity ... to request
   immediate transmission ... of the complete source code.

I find it _extremely_ odd that it does not compel transmission.
(Other GPL terms are clear that you must supply source code. This
clause is different.  Why?)

you must supply source code clause is important because 
it garantees FREE competition from the top to the very bottom
The same must be applied to services on servers.
The idea should be to allow users to set up the identical services by themselves

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Re: Affero GPL. Big loophole?

2002-03-21 Thread Steve Lhomme

En réponse à Forrest J Cavalier III [EMAIL PROTECTED]:

 Free Software Foundation Announces Support of the Affero General
  Public License, the First Copyleft License for Web Services
 
http://www.fsf.org/press/2002-03-19-Affero.html
 
 (NOTE: The FSF suggests comments to them.  I CC'ed them, but
 I'd prefer discussion in a forum.  license-discuss seems
 appropriate.)
 
 Please, someone tell me how I am misreading the added clause
 2(d).
 
 Where are the teeth? In my reading, the essence of the interesting
 part of clause 2(d) is
   must offer an ... opportunity ... to request
immediate transmission ... of the complete source code.
 
 I find it _extremely_ odd that it does not compel transmission.
 (Other GPL terms are clear that you must supply source code. This
 clause is different.  Why?)
 
 If compelling the transmission is the goal, why is the license
 clause only compelling the offer of opportunity to request?
 
 Is this on purpose? Why create a huge loophole when it could
 have been written clearly?
 
 As an exercise, could someone explain why the following response is
 _not_ compliant with 2(d)?
 
 int main(int argc,char **argv)
 {
printf (We received your request for the complete source
 code.\n);
printf (BRAGPL 2(d) does not obligate us to supply it when
 responding.\n);
printf (BRHave a nice day!\n);
 }

Because as the software is GPLed, you must supply the source code on request.
Now maybe the word immediate is not good in that case.
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Re: Affero GPL. Big loophole?

2002-03-21 Thread Forrest J. Cavalier III

Steve Lhomme wrote in part.

 Because as the software is GPLed, you must supply the source code on request.

Where does clause 2(d) state that?

I want to discuss 2(d) specifically.  Certainly the other
clauses of the GPL will remain in force, but there are
circumstances where only Clause 2(d) will apply.

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Re: Affero GPL. Badgeware?

2002-03-21 Thread Henri Poole

On Thu, 21 Mar 2002 01:22:09 -0500 (EST)
Forrest J. Cavalier III [EMAIL PROTECTED] wrote:

 
 I think clause Affero GPL 2(d) provides for the propagation of
 badgeware, meaning that it obligates propagation of a brand
 or mark.  The important bit is you must not remove that facility.

I wouldn't interpret it that way.

The facility is defined previously as any user interacting with the
Program was given the opportunity to request transmission to that user
of the  Program's complete source code

It does not specify that you cannot modify the facilty...but that you
must offer an equivalent opportunity for all users interacting with
your Program through a computer network to request immediate
transmission by HTTP of the complete source code of your modified
version or other derivative work

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Re: Affero GPL. Big loophole?

2002-03-21 Thread Henri Poole

On Thu, 21 Mar 2002 10:36:55 +0100
De Bug [EMAIL PROTECTED] wrote:

 Where are the teeth? In my reading, the essence of the interesting
 part of clause 2(d) is
   must offer an ... opportunity ... to request
immediate transmission ... of the complete source code.
 
 I find it _extremely_ odd that it does not compel transmission.
 (Other GPL terms are clear that you must supply source code. This
 clause is different.  Why?)
 
 you must supply source code clause is important because 
 it garantees FREE competition from the top to the very bottom
 The same must be applied to services on servers.
 The idea should be to allow users to set up the identical services
 by themselves

Thanks for this comment. I have cc'd fsf to review it.

-Henri

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Re: Affero GPL. Badgeware?

2002-03-21 Thread Forrest J. Cavalier III

Henri Poole [EMAIL PROTECTED] writes:

 I wouldn't interpret it that way.

Were you involved in the creation of the text?  Do you
speak for Affero?  That would be very helpful to know.

This license is going to be used by others.  (The intent and 
interpretation that Affero has is important, but not the only
one that will matter.)

 
 The facility is defined previously as any user interacting with the
 Program was given the opportunity to request transmission to that user
 of the  Program's complete source code

There is no definition of facility.

 
 It does not specify that you cannot modify the facilty...but that you
 must offer an equivalent opportunity for all users interacting with

I read the text has two separate requirements, separated by and
you must not remove that facility 
and
must offer  

My point is what purpose is served by having the must not remove?
If you argue that the second is the necessary requirement, then why
have both?  

According to the text in 2(d), if I completely replace an existing
method with my own (maybe I copied a new file over top of an existing
one), didn't I remove that facility, which the license prohibits?
Have I merely modified it, even though not a single bit of it remains?

It bothers me that the clause could be, but is not
continue to provide an equivalent facility

You seem to argue that was the intent. But if you change it to be
that, the text becomes redundant, (since that is what the and must 
offer clause states.)

It is my understanding that one way that courts interpret legal documents
is that every clause must provide meaning.  It is not safe to argue
that clauses should be ignored as redundant when there is a way to
interpret them in a way which provides non-redundant meaning.

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