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Probably not. The consequence of violating the (A)GPL is you lose the right to use, distribute, and modify the software. They could in principle be sued because
by rcxdude 6y ago
Probably not. The consequence of violating the (A)GPL is you lose the right to use, distribute, and modify the software. They could in principle be sued because they were violating the license while the website is up but you'd need to demonstrate losses and you couldn't force the release, only get some compensation (though you could try to use that as leverage to settle for the release of the code). (IANAL, etc)
- tpxl 6y ago>you'd need to demonstrate losses Aren't losses trivial to demonstrate: You didn't get the source code. And in the happy case you can be made whole just by them releasing the code, which is easy if it wasn't modified such that it contains proprietary shit.
- _ph_ 6y agoLosses are paid in money. So you need to specify a certain monetary value and have the court to agree. While it would be the easiest for settling the case to just release the modified source, I don't think you can enforce that.
- _ph_ 6y agoRight, I think that is a common misconception. A license like the AGPL cannot force people to release their modifications, it can only force people not using the AGPL-licensed software. At best you can sue for damages due to unlicensed usage.
- mr_toad 6y ago> you'd need to demonstrate losses Depending on the jurisdiction and circumstances there may also be statutory damages, punitive damages and exemplary damages.