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From: | Hyman Rosen |
Subject: | Re: When is a GPL program which runs in a web site 'conveyed'? |
Date: | Sun, 06 Jul 2008 00:54:16 -0400 |
User-agent: | Thunderbird 2.0.0.14 (Windows/20080421) |
Alexander Terekhov wrote:
Because of 17 USC 117, and the interpretation of the scope of that in the case law, most use of AGPL software in a software as a service environment will NOT involve "modifying" the software as defined by AGPL, and you won't be required to make your changes available.
1) Not every place is the United States, and it's quite possible that this requirement would be upheld in countries with strong "creator's rights" provisions. 2) It shows the intent of the licensor. Violators would at least have their reputations damaged, and with the internet that can be no small thing. 3) Even a U.S. court might be unsympathetic to a defendant who argued that removing the AGPL requirement was essential for the operation of the program; a violator would run some risk.
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