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Square is taking a conservative approach on what a “modified version” as used in the AGPL is. It hasn’t really been litigated so different lawyers have differen
by ralph84 7y ago
Square is taking a conservative approach on what a “modified version” as used in the AGPL is. It hasn’t really been litigated so different lawyers have different opinions. Square’s position appears to be combining Square’s products with AGPL code creates a “modified version” of the AGPL code and would require providing the code for Square’s products.
- nabla9 7y agoConservative approach would be taking approach that is possible interpretation of the license. Their lawyers made just a mistake. The restriction applies to software sold in their online store. It is not possible to interpret "Interacting with Program through a computer network" as distributing software via online store. The program must be running and executing it's code.
- ralph84 7y agoThe restriction applies to anyone “using Square Point of Sale, Customer Engagement, Appointments or Employee Management, Square Online Store, and any associated products and services”. I’m not sure why you think it only applies to people selling software. Nothing in the terms says that.
- nabla9 7y agoBecause it's under > Additional Point of Sale Terms of Service >3. Online Store > I. Your Content and Content Restrictions
- floatingatoll 7y agoTo clarify the question without trying to answer it myself, restated in terms of Amazon rather than the less-understood Square Store, here are two similar questions that may have different answers under the Square terms update: Does the AGPL specify its terms of infection such that “a third-party seller listing a physical CD full of AGPL software sold on Amazon” would bind Amazon by the terms of AGPL source code release for Amazon.com? Does the AGPL specify its terms of infection such that “a third-party seller publishing CD listings to Amazon using an AGPL script” would bind Amazon by the terms of AGPL source code release for Amazon.com? And so in those terms, the core question of this thread is, “may I sell items and services on Square that are composed of AGPL code as long as I do not use AGPL-containing or AGPL-integrated code or content when interacting with or publishing listings on the Square Store or when interacting in any way with Square services or APIs?”.
- PeterisP 7y agoIn this context "Your Content" is not the stuff you're selling, but the content you're using to customize the store frontend. So the clause wouldn't apply to someone using the store to sell CDs with AGPL software, but they would apply to someone using an AGPL Javascript module in the web frontend of a (Square-hosted) store that sells shiny rocks.