[lug] Fwd: Affero License discussed in the BLUG mailing list

Davide Del Vento davide.del.vento at gmail.com
Fri Jul 10 21:02:02 MDT 2009

Thanks again Jason.

Folks, I "spoke" with Jason. You can find the entire conversation below.

A note on the archives: the ones I linked to Jason are fine, but the
link on the blug website is "broken": it sends in a "it works" page
without any actual content.
Enjoy the weekend,

---------- Forwarded message ----------
From: Jason Haislmaier <Jason.Haislmaier at hro.com>
Date: Fri, Jul 10, 2009 at 20:13
Subject: Re: Affero License discussed in the BLUG mailing list
To: davide.del.vento at gmail.com

Sure.  Post away.

----- Original Message -----
From: Davide Del Vento <davide.del.vento at gmail.com>
To: Jason Haislmaier
Sent: Fri Jul 10 19:26:29 2009
Subject: Re: Affero License discussed in the BLUG mailing list

It helps a lot my understanding!
Can I post it on the blug mailing list? Or can you post it directly at
lug at lug.boulder.co.us ?
Thanks and have a nice weekend!

On Fri, Jul 10, 2009 at 18:05, Jason Haislmaier<Jason.Haislmaier at hro.com> wrote:
> Interesting discussion.  To the extent this helps:
> - The GPL and AGPL are viewed as copyright licenses
> - As such they grant certain rights held by the owner of the copyright in the software subject to the license
> - Copyright law provides copyright owners with the right to control how others reproduce, distribute, perform, display and make derivative works of their copyrighted works
> - This means that the GPL and AGPL can only restrict a user from taking one or more of these actions.  If a user action does not fall into one of these rights, it is not protected by copyright law (bear in mind that each of these 5 actions have very long legal histories/definitions that in many cases are different and more expansive than their plain English definitions)
> - This is in part why the GPL and AGPL allow for users to "make, run and propagate covered works that you do not convey, without conditions" - i.e., because simply running the program may not be covered by one of the 5 rights of copyright
> - This is, however, why the right to "convey covered works to others" (i.e., "distribute" them) requires that the user comply with the terms of the GPL or AGPL in doing so (because distribution is one of the rights protected by copyright).
> - The only difference between the AGPL and GPL is that the AGPL includes language (in Section 13) requiring that if you modify the software under the AGPL (i.e., you make a "derivative work") then you must offer users of those modifications the opportunity to receive those modifications even if the use is over a network.
> - Note that this provision is not enforcing the right of a copyright holder to restrict "distribution" of the software (as arguably, no distribution occurs through use over a network) but instead the right to make derivative works (as a modification of any substance is in most all cases a derivative work).
> - This is why Section 13 focuses on modifying the software subject to the AGPL and making it available over a network rather than just making it available over a network - because just making it available over a network alone likely does not implicate one of the 5 rights enforceable by a copyright holder (and thus is not an enforceable right of a copyright holder)
> Let me know if this helps - a bit complicated, I admit.
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> -----Original Message-----
> From: Davide Del Vento [mailto:davide.del.vento at gmail.com]
> Sent: Friday, July 10, 2009 2:33 PM
> To: Jason Haislmaier
> Subject: Re: Affero License discussed in the BLUG mailing list
> Hi.
> The archives are here:
> http://lists.lug.boulder.co.us/pipermail/lug/Week-of-Mon-20090706/thread.html
> The thread in question started as "Google Chrome Linux distribution",
> but changed to AGPL pretty soon, without a change in subject.
> Thanks,
> ;Dav
> On Fri, Jul 10, 2009 at 14:21, Jason Haislmaier<Jason.Haislmaier at hro.com> wrote:
>> Hi Dav.  Going well - it is work having two though (but gratifying).  I
>> have not seen the discussion.  I have the settings on the list set so
>> that I do not receive the updates (it was too much to receive them all).
>> Is there an archive where I can read the thread?

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