Re:Ask HN: What license should I choose for my software?
by torstenvl on Friday April 22, 2022 @02:15AM
(#31118769)
IANAIPL but this has always seemed strange to me. Copying and creating derivative works are separate from use, especially in light of 17 U.S.C. ยง 117(a)(1).
So rather than carve out a huge exception to the conditions on creating derivative works, and then trying to re-implement some of those conditions by placing conditions on use... why not just pare down the exceptions wrt derivative works?
Less abstractly: AGPL says you only have to license modifications if you distribute derivative works to the public, but you also have conditions on use. That makes it non-free. Why not simply say you have to license all modifications if you make a derivative work, unless the derivative is solely for personal/internal use without control or interaction by individuals outside your household or organization?
It seems to me that would achieve effectively the same end, but in a more straightforward manner and by hinging the mechanics on derivative-making rather than on use.
So rather than carve out a huge exception to the conditions on creating derivative works, and then trying to re-implement some of those conditions by placing conditions on use... why not just pare down the exceptions wrt derivative works?
Less abstractly: AGPL says you only have to license modifications if you distribute derivative works to the public, but you also have conditions on use. That makes it non-free. Why not simply say you have to license all modifications if you make a derivative work, unless the derivative is solely for personal/internal use without control or interaction by individuals outside your household or organization?
It seems to me that would achieve effectively the same end, but in a more straightforward manner and by hinging the mechanics on derivative-making rather than on use.