Restricting the study, production, display, preservation or other uses 
of artworks removes the freedom of those involved in art and thereby 
damages the cultural, social and economic value of art. Where 
restrictions take the form of copyright, copyleft licences are a good 
way of restoring peoples freedom. The freedom of curators, critics and 
academics, collectors, audience, and artists to use software is part of 
their freedom to use software-based net art as art.

For media-based net art the Creative Commons Attribution Share-Alike 
licence is the best copyleft licence. For software based net art a 
different licence is required (and Creative Commons explicitly state 
that their licences should not be used for software).

The GNU GPL is the best copyleft licence for software that people use on 
their own computers, where it is "propagated" to them from elsewhere by 
downloading it or installing it from DVD. Software delivered to 
galleries or collections, or to other artists, counts as being 
propagated under the GPL, so the GPL is the best copyleft licence for 
software that will actually be delivered to its users.

Software accessed remotely on a server online does not count as being 
propagated, even if it is used as it would be locally but through a web 
interface. To handle this a variant of the GPL called the Affero GPL 
(AGPL) was created. When you use software over a network, for example 
through a web browser, the AGPL requires that you be able to acquire the 
source code of that software just as if you were using it locally under 
the GPL. The AGPL is therefore the best copyleft licence for software 
used over a network. This includes software-based net art.

The average piece of software-based net art will use a free operating 
system, and a free software scripting language, web server and web 
browser. It may use a free software database and many additional free 
software libraries of code as well. The difficulty of the artwork's 
conception or production does not provide an excuse for making it 
non-free any more than the difficulties of creating the far greater body 
of work that it build on did.

It is much easier to install and maintain software that is not 
restricted by its licence and that provides its source code. Art that 
takes the form of software must be installed and maintained to curate 
and preserve it. Critics, artists, students and audience can benefit 
from studying the source code of net art. Even if they don't fix bugs 
they can learn from it and maybe even appreciate it. And if the server 
goes down and you don't have a backup, someone else may and will be able 
to give you a copy back. These freedoms are all protected by the AGPL, 
giving a strong practical benefit to using it. This fact should be borne 
in mind when discussing the curation, archiving and preservation of net 
art as well as when discussing its production.

The support of people's freedom and the practical benefits to artists 
from supporting the curation, preservation and scholarship of their work 
provide strong reasons for making net art free software. Net artists can 
and should protect the freedom of the users of their software using the 
AGPL. See here <http://www.gnu.org/licenses/gpl-howto.html> for details 
of how to apply the AGPL to your work.

http://robmyers.org/weblog/2009/06/why-net-art-software-should-be-agpl-licenced.html
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