John Hasler wrote: [... the GNU Affero GPL "_permissions_" ...]
(quoting the AGPL) "Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software." The AGPL purports to restrict one's right to modify software that runs on a public server. It bases this on copyright law, which restricts the right to make derivative works. However, 17 U.S.C. 117 (a)(1) gives the "owner of a copy" of a copyrighted computer program the right to modify the program if "... such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner" Aymes v. Bonelli, 47 F.3d 23 (2d Cir. 1995) said that: [b]uyers should be able to adapt a purchased program for use on the buyers computer because without modifications, the program may work improperly, if at all. No buyer would pay for a program without such a right.6[The defendants], as rightful owners of a copy of the plaintiffs program, did not infringe upon the copyright, because the changes made to the program were necessary measures in their continuing use of the software in operating their business and the program was not marketed, manufactured, distributed, transferred, or used for any purpose other than the defendants own internal business needs. (as quoted in http://www.copyright.gov/1201/2006/comments/granick_wirelessalliance.pdf) This right to modify was broadened in Krause v. Titleserv 03-9303 http://caselaw.lp.findlaw.com/data2/circs/2nd/039303p.pdf Discussion: http://www.techlawjournal.com/topstories/2005/20051107.asp Krause is important to AGPL because it includes the use of software over a network. The court found that the "owner of a copy" of a computer program could add new features essential to its business -- including customer modem access to use the program -- without permission from the copyright owner. Krause was cited recently in a similar case: Weitzman v. Microcomputer 06-60237-CIV, 2007 WL 744649 (S.D. Fla. March 6, 2007). http://www.thelen.com/tlu/StuartWeitzmanVMicroComputer.pdf The established law of the land in the United States is that the "owner of a copy" of a computer program has the right to modify that copy for its business needs. The AGPL cannot restrict this right without being an EULA and using contract law. So, a SaaS provider that is the "owner of a copy" of an AGPL computer program has the right to modify its copy of that program to further its business needs, and it does not require the permission of the copyright holder to do so. This means that it does not have to provide the source publicly for any modifications that it makes. The only way to prevent this is to use an EULA and contract law. End quote. Attribution: john1040. "You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. " Eh? "However, nothing other than this License grants you permission to propagate or modify any covered work. " That's NOT true. "However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. " Eh? "These actions infringe copyright if you do not accept this License. " Not at all. The actions to "propagate" (in interplay with 17 USC 109) or modify (in interplay with 17 USC 117) do NOT infringe copyright even if you do NOT "accept this License. " regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
