On Wed, Sep 3, 2008 at 2:23 AM, Don Armstrong <[EMAIL PROTECTED]> wrote:

>
> We only distribute source at the instant we distribute the binary. We
> (generally[1]) don't distribute the source after we've stopped
> distributing the binary. The AGPL requires distribution of source at
> any time that the application is used. The GPL does not.


The AGPLv3 only requires the distribution of /modified/ source.

If Debian distributes their packaged version, and that version is served by
a 3rd party for other users unmodified, that 3rd party is not bound by the
distribution terms of section 13.  Note the phrase "if you modify the
Program".

If Debian no longer distributes the binaries and source for that version,
the requirements of that 3rd party are unchanged.  Debian is hardly an agent
making modifications on the behalf of the 3rd party.

If the 3rd party modifies the source, they're required to host their
modified version regardless.  In this way, unless Debian is hosting modified
applications for remote users to interact with, the AGPLv3 is identical to
the GPLv3 in the manner and requirements for Debian.

Further, I do not read in the license that distribution of source *must*
happen when the application is used.  You have to make it available on a
remote server, that is all.  That server goes down, yes it's a problem you
need to solve, but it's not like the lawyers come out.

Someone tries to download it, finds the link broken, sends you an email, you
fix it, no big deal.  If some copyright holder was insane enough to start
with involving lawyers the situation could surely be solved long before the
issue ended up in court.

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