Hi,

thanks for providing this example.
MJ Ray wrote:
> For example, a PHPBB service page is about 20k, while PHPBB source is
> 2.19MiB. 
You have a mighty uninteresting forum if people only look at a single
page. Kidding aside, if 10% of all users download the source once and
they average 10 pages, you have even portions (and a lot of forums seem
to allow uploading images and stuff). Sure, if everyone visits one page
and downloads the 2MB source, it's disproportionate, but it is but one
amongst many abuse scenarios for such a service. Also, web space in the
region of a few MB is a commodity - it would be ~20 Euros/per Month for
virtual server that can hand out about .2-.25 of these 2MB source
tarballs per second.

> Which services are you using?

Webmail, some image galleries, a Zope instance with a limited number of
users, Debian services, mostly.

>>> 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.

Well, I'd recommend pestering the FSF for such a statement (or the
reverse). They seem to be amenable to appending their FAQ.

>> 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.

In my experience, the judicial systems tend to restrict excessive
license terms. In particular, the language of clause 13 "offer an
opportunity to receive ... from a network server" does not look like a
transient problem on that network server qualifies as a breach of the
license.

>>> 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.

No problem. Note that it also involves you writing software that
interests me, so I can look forward to that. :)

>> 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".
Well, as a statistician, you are probably aware that people try to
predict things using market models (or more simple betting with odds)
with some success. But then, people also claimed to have done the math
for the financial markets and got screwed by too many "not very
probable" events being too correlated. Next we know some Utah company
might claim that AGPL is unconstitutional.

I think I'll stop here for this discussion. Thanks for elaborating on
your arguments. I'm not quite convinced that you're arguments have a lot
of traction, but most likely you are not that easily convinced either.

Kind regards

T.
-- 
Thomas Viehmann, http://thomas.viehmann.net/



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