Re: AGPL3 and client code

2008-11-15 Thread David Bremner
At Mon, 10 Nov 2008 22:46:37 +0100,
Francesco Poli wrote:

 I personally think that software solely released under the terms of the
 GNU AfferoGPL v3 fails to comply with the DFSG (i.e.: is non-free).

It turns out there is already AGPL software [0] in sid/main as 
Miriam Ruiz points out [1] in a blog entry.

Does that mean that the question of DFSG freeness of the AGPL of is settled, 
at least for the moment?  

David

[0] 
http://packages.debian.org/changelogs/pool/main/y/yocto-reader/yocto-reader_0.9.3/yocto-reader.copyright

[1] http://www.miriamruiz.es/weblog/?p=192


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Re: AGPL3 and client code

2008-11-15 Thread Paul Wise
On Sat, Nov 15, 2008 at 9:20 PM, David Bremner [EMAIL PROTECTED] wrote:

 It turns out there is already AGPL software [0] in sid/main as
 Miriam Ruiz points out [1] in a blog entry.

 Does that mean that the question of DFSG freeness of the AGPL of is settled,
 at least for the moment?

It means that the ftpmasters will probably accept AGPL material into
main, unless someone convinces them that the AGPL is non-free or the
Debian membership overrides their decision with a GR.

-- 
bye,
pabs

http://wiki.debian.org/PaulWise


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AGPL3 and client code

2008-11-10 Thread David Bremner


Hi All;

I have been talking (with the help of Patrick Ohly) to the folks at
Funambol about how the AGPL section 13 (about providing source to
clients [1] ) is meant to apply to e.g. client code.

  http://article.gmane.org/gmane.comp.mobile.funambol.user/905

After some discussion, the FSF has updated their FAQ to address this question.

  http://www.fsf.org/licensing/licenses/gpl-faq.html#AGPLv3ServerAsUser

I will quote the relevant text here:

 This should not be required in any typical server-client
 relationship. AGPLv3 requires a program to offer source code to
 “all users interacting with it remotely through a computer
 network.” In most server-client architectures, it simply
 wouldn't be reasonable to argue that the server operator is a
 “user” interacting with the client in any meaningful sense.
 Consider HTTP as an example. All HTTP clients expect servers to
 provide certain functionality: they should send specified
 responses to well-formed requests. The reverse is not true:
 servers cannot assume that the client will do anything in
 particular with the data they send. The client may be a web
 browser, an RSS reader, a spider, a network monitoring tool, or
 some special-purpose program. The server can make absolutely no
 assumptions about what the client will do—so there's no
 meaningful way for the server operator to be considered a user of
 that software.

If one accepts this as authoritative (and yes, I realize this not
obvious to everyone on debian-legal), then it would address one of the
major concerns of the last round of AGPL discussion. 

My question is whether the interpretation of Section 13 does not
apply, unless you are using the code in Software as Service, in which
case it is not so unreasonable would be enough to qualify software [2]
for debian main. If the FSF FAQ was not authoritative enough, I think
upstream might be willing to attach a clarification.


CC's are welcome, but not mandatory; I will followup via the archives 
(eventually :-) )


David



[1] Here is the text of AGPL Sec. 13 for reference

   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. This Corresponding Source shall include the Corresponding
   Source for any work covered by version 3 of the GNU General Public
   License that is incorporated pursuant to the following paragraph.

   Notwithstanding any other provision of this License, you have
   permission to link or combine any covered work with a work licensed
   under version 3 of the GNU General Public License into a single
   combined work, and to convey the resulting work. The terms of this
   License will continue to apply to the part which is the covered
   work, but the work with which it is combined will remain governed
   by version 3 of the GNU General Public License.

[2] I am in particular thinking about 

  http://download.forge.objectweb.org/sync4j/funambol-cpp-api-7.0.2.zip


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Re: AGPL3 and client code

2008-11-10 Thread Francesco Poli
On Mon, 10 Nov 2008 09:59:21 -0400 David Bremner wrote:

 
 
 Hi All;

Hi!

 
 I have been talking (with the help of Patrick Ohly) to the folks at
 Funambol about how the AGPL section 13 (about providing source to
 clients [1] ) is meant to apply to e.g. client code.
 
   http://article.gmane.org/gmane.comp.mobile.funambol.user/905
 
 After some discussion, the FSF has updated their FAQ to address this question.
 
   http://www.fsf.org/licensing/licenses/gpl-faq.html#AGPLv3ServerAsUser
[...]
 If one accepts this as authoritative (and yes, I realize this not
 obvious to everyone on debian-legal), then it would address one of the
 major concerns of the last round of AGPL discussion. 

Thanks for pointing out this FAQ.
It could become the canonical interpretation of the license at some
point in the future; however, individual copyright holders (other than
the FSF) may always interpret the GNU AfferoGPL v3 differently...

 
 My question is whether the interpretation of Section 13 does not
 apply, unless you are using the code in Software as Service, in which
 case it is not so unreasonable would be enough to qualify software [2]
 for debian main.

I personally think that software solely released under the terms of the
GNU AfferoGPL v3 fails to comply with the DFSG (i.e.: is non-free).
The issues I see in the license are not limited to network clients only:

  http://lists.debian.org/debian-legal/2007/11/msg00233.html

As always, my disclaimers are: IANAL, TINLA, IANADD, TINASOTODP.

 If the FSF FAQ was not authoritative enough, I think
 upstream might be willing to attach a clarification.

IMO, the best thing that upstream can do to avoid freeness doubts is
licensing under the terms of the GNU GPL, rather than choosing the GNU
AfferoGPL.

 
 
 CC's are welcome, but not mandatory; I will followup via the archives
 (eventually :-) )

Cc:s added.

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