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Re:Mailpile Chooses AGPL v3 by belorn on Friday July 03, 2015 @04:52AM (#9824369)
You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.

Seems rather clear cut to me how contractors are handled. Since we are talking about legal risk and risk is measured in likeliness of an event happening, and as a lawyer you were expected during training to find and provide legal precedence as proof for legal reasoning, how high risk is there that this would not cover internal systems, temps, vendors, and contractors who access those systems? Has there been any cases involving that kind of employee status, having access to source code with similar licensed agreement, and the court finding a decision which support your conclusion? If you worked for a insurance company, how much money per month would you advice them to charge for this "risk", and would you then in good-faith advice companies that it is a good deal rather than shouldering the risk themselves?

Re:Mailpile Chooses AGPL v3 by makomk on Friday July 03, 2015 @06:14AM (#9824611)
Unfortunately, that exemption doesn't apply to clause 13, which is the one that requires you to give copies of the source to anyone that can access the software remotely through a network server.

This is a fairly nasty difference from the standard GPLv3 that I don't think enough people appreciate. As you point out, companies that modify GPL code for internal use don't have to release the source code and aren't affected by most of its provisions, and this is intentionally one of the freedoms it gives users. This isn't true of the AGPLv3.

Re:Mailpile Chooses AGPL v3 by belorn on Friday July 03, 2015 @09:11AM (#9825347)
The clause 2 permits you to add terms that prohibit the contractors from making any copies. While technically, a contractor could request the source code by clause 13, it do not conflict with the contractually term that they have which says they are not allowed to make copies.

DannyBee said the word "access", and technically that would then be "read only" access. While I could conceive a situation in which a disgruntled contractor plus the original author could in theory make a case, read-only access is a odd thing to create a court case around and a judge decision could really go anywhere. I don't think anyone would be willing to test it or feel that the court costs would be worth paying for the privilege.