Re: When is a GPL program which runs in a web site 'conveyed'?

[Alexander Terekhov]

Tim Smith wrote:
> 
> In article <XdYbk.66059$8k7.31429@fe111.usenetserver.com>,
>  Hyman Rosen <hyrosen@mail.com> 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.
> 
> I think you've overlooked what the AGPL itself says.  It explicitly says
> that if what you are doing is allowed by copyright law, it is NOT
> "modifying" as far as the AGPL is concerned.  That's the intent of the
> licensor.

Me: The AGPL purports to undo 17 USC 117.

http://google.com/groups?as_umsgid=4864BD72.792FF5D6@web.de

Left side of Hyman's mouth: No it doesn't. You've overlooked the
definition of "modify".

http://google.com/groups?as_umsgid=XkTak.32087$lb3.28937@fe097.usenetserver.com

Right side of Hyman's mouth: Yes it does. 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.

:-)

regards,
alexander.

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