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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: Mon, 07 Jul 2008 09:43:02 -0400
User-agent: Thunderbird (Windows/20080213)

Tim Smith wrote:
I think you've overlooked what the AGPL itself says. It explicitly says that if what you are doing is allowed by copyright law, it is NOT "modifying" as far as the AGPL is concerned. That's the intent of the licensor.

But the question is, what is allowed by copyright law?
It's the intent of the license that the program offer
its source, and that this not be changed. If a U.S. court
holds that this is a legitimate provision of the license
under copyright law (which it would be, except that the
17 USC 117 provision may override it) then it will be
forbidden to remove it. I agree with the skeptics that
the AGPL is going to be tougher to uphold than the GPL
should it be contested.

If they had wanted something stronger, they could have easily written the license to define modification as being any change from the original.

No, they cannot, because as rjack points out, the courts
have decided that a copyright license can only prohibit that
which is already disallowed under copyright absent any license.
The only thing the GPL (and AGPL) can do is grant you extra

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