Re:French Court Issues Damages Award for Violation of GPL
by jasonjayr on Monday March 04, 2024 @06:22AM
(#39589151)
A few articles I've read suggest that the AGPL terms trigger if you MODIFY AGPL covered code. So if you (1) setup an AGPL service over the network "as-is" with no changes, (2) use the AGPL-covered service from your proprietary code over the network (ie, across a process boundary), then you are in the clear, and your proprietary code can remain closed.
If you instead, modify/customize the source of the AGPL-covered service, then you are required to make available your changes to AGPL-covered product under a AGPL license.
Is this a correct understanding of the situation? If the product implements a publicly documented protocol to communicate over the network (ie, not "complex internal structures", and/or replaceable with another product), is that permitted?
Re:French Court Issues Damages Award for Violation of GPL
by tsimionescu on Monday March 04, 2024 @06:44AM
(#39589291)
I am not a lawyer, but my understanding is the same as yours - if you host a proprietary service that has some AGPL components (say, an AGPL authentication service that users interact directly with to get a token, that they then pass to the proprietary parts), then you only have to make sure that the source code for the AGPL part is made available (or not even that if you are using it completely unmodified).
The only difference between the AGPL and the GPL relates to software you don't distribute, but that you make available over a network, such as hosting an AGPL web server. The AGPL says that as long as public users interact with this web server, they have the right to get the code and deployment instructions and AGPL rights to be able to run the exact same service themselves, just as if they had downloaded the software.
The FSF's (very reasonable) position is that linking to a piece of software makes your software a derivative work, but that launching it as a separate process or accessing it over a network generally doesn't. However, if you exchange very complex internal data structures with this GPL software running in a separate process, whether you do it over a network or through pipes or command line arguments or whatever, then your program is still a derivative work, in their opinion.
That is, if you run gcc in a separate process but then mmap() it's memory and search for its entry points and jump to the memory locations of GCC functions in order to generate optimized code for a piece of GCC AST you provide, then your program is a derivative of GCC (according to the FSF, at least) even though GCC is running in a separate process.