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

From: Hyman Rosen
Subject: Re: When is a GPL program which runs in a web site 'conveyed'?
Date: Sun, 06 Jul 2008 00:54:16 -0400
User-agent: Thunderbird (Windows/20080421)

Alexander Terekhov 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.

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