Thomas Viehmann <[EMAIL PROTECTED]> wrote:
> MJ Ray wrote:
> > I thank you for your personal view (which will be useful for software
> > where you are a licensor), but this is essentially the same anecdotal
> > advocacy which has been covered in previous discussions about AGPLv3.
> Well, you should not have raised the topic then. You speculate that a
> court will uphold that your overly strict interpretation is correct.
> That is even worse.

No, I speculate that a court could uphold such an interpretation.
There doesn't seem to be much evidence available about this, so we
don't really know the probabilities yet.

> > The application download bandwidth costs tend to be disproportionately
> > larger than the user service bandwith
>
> I have trouble seeing how you arrive at this statement. For almost all
> services I use, this is not true, in particular not if I only offer
> application source to *users*.

For example, a PHPBB service page is about 20k, while PHPBB source is
2.19MiB.  Which services are you using?

> > and - as far as I can tell - it
> > is not generally accepted yet that providing a link to your project on
> > someone else's hosting site is sufficient [...]
> 
> What does "generally accepted" mean to you here?

Ideally, in statement(s) by the licence author or a suitably large
number of users of the licence.

> I propose that it is no different in the sense that "I put my code on
> Savannah for you to download" is no different than "I buy a server with
> provider Foo and put the code there".
> This is not legal advice, but I don't think you have a court case over a
> few days that the download is broken, be it for a typo in the URL or
> because you have to switch the provider of this service.

I agree that it doesn't matter whether the code is on Savannah or
provider Foo, as long as provider Foo isn't also the Program's host.

I propose that allowing users to interact remotely while not providing
an opportunity to receive the Corresponding Source for whatever reason
is a breach of the AGPL as written.

> > If you know of general acceptance of hosting sites as sufficient, then
> > I suspect many people would be interested to learn of it.
>
> How can I know whether it is sufficient? If you want to, publish
> something that interests me under AGPL and sue me for violating your
> copyright when I deploy it and provide source via such a service.

I've got two formal disputes under way just now and that's two more
than I want, so I hope you don't mind if I don't take up your kind
offer immediately.

> This is not legal advice, but you will lose that. Law is not
> mathematics, the scenario you are constructing here is not realistic.

I am a statistician more than a mathematician, so I am well aware of
probabilities and risk and so forth.  Unless someone can show
evidence, there seems little reason to assert "you will lose that".

Hope that explains,
-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct




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