3 ms·

What clause of the AGPL forbids this?

omnicognate 5y ago
It's more that the AGPL allows you to use the software without any such restriction. If they license it under the AGPL you can use it with as many users as you want. In fact it requires that if you host an instance you make the code available to the users, for them to use/host/modify/distribute themselves (section 13, "Remote Network Interaction"). They could publish it under a modified AGPL, an "AGPL with user count restriction" of some kind (which wouldn't be AGPL at all - they would have to modify it heavily for it not to be a self-contradictory mess). However: A) They would need to own the copyright in all of the code involved so they can publish it under whatever license they want. To the extent their system contains GPL/AGPL code copyrighted by others (and I expect it does), distributing it under an incompatible license like this would be a copyright violation by them against the owners of that code. (This is in section 10, "Automatic Licensing of Downstream Recipients", where it says "You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License.") B) There is no indication they are attempting to do this, other than that one mention on pricing page, which I suspect is a mistake. The repos simply contain the AGPL license.
- jagger27 5y ago
  Sorry, I still don’t see why having user count limitations would be a violation. The way I read it, they are compliant with Section 13. They are providing access to source code, as required. Section 10 just says that they can’t litigate if I use/modify their freely available source code how I please. Let’s say somewhere in their code there is a check for “user_count <= 5”. This isn’t a downstream restriction of GPL rights, it’s just a part of the code as they wrote it and I’m free to change it, as long as I make my changes to the code accessible. I don’t see why this technical limitation would infringe any upstream GPL rights either.
  - omnicognate 5y ago
    Are you claiming there is such code? It would be a bizarre and pointless thing to add. Edit: To be clear, we are talking about different things. I assumed you meant placing a licensing requirement of only 5 users, which would not be possible for the reasons I explained. You appear to be talking about putting a restriction into the code, which as you say would not be prohibited by the GPL, but which would be entirely pointless for obvious reasons. It's an interpretation of their pricing plan that I hadn't considered, though, and I'm curious if that's what they're doing.

It's more that the AGPL allows you to use the software without any such restriction. If they license it under the AGPL you can use it with as many users as you want. In fact it requires that if you host an instance you make the code available to the users, for them to use/host/modify/distribute themselves (section 13, "Remote Network Interaction"). They could publish it under a modified AGPL, an "AGPL with user count restriction" of some kind (which wouldn't be AGPL at all - they would have to modify it heavily for it not to be a self-contradictory mess). However: A) They would need to own the copyright in all of the code involved so they can publish it under whatever license they want. To the extent their system contains GPL/AGPL code copyrighted by others (and I expect it does), distributing it under an incompatible license like this would be a copyright violation by them against the owners of that code. (This is in section 10, "Automatic Licensing of Downstream Recipients", where it says "You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License.") B) There is no indication they are attempting to do this, other than that one mention on pricing page, which I suspect is a mistake. The repos simply contain the AGPL license.

jagger27 5y ago
Sorry, I still don’t see why having user count limitations would be a violation. The way I read it, they are compliant with Section 13. They are providing access to source code, as required. Section 10 just says that they can’t litigate if I use/modify their freely available source code how I please. Let’s say somewhere in their code there is a check for “user_count <= 5”. This isn’t a downstream restriction of GPL rights, it’s just a part of the code as they wrote it and I’m free to change it, as long as I make my changes to the code accessible. I don’t see why this technical limitation would infringe any upstream GPL rights either.
- omnicognate 5y ago
  Are you claiming there is such code? It would be a bizarre and pointless thing to add. Edit: To be clear, we are talking about different things. I assumed you meant placing a licensing requirement of only 5 users, which would not be possible for the reasons I explained. You appear to be talking about putting a restriction into the code, which as you say would not be prohibited by the GPL, but which would be entirely pointless for obvious reasons. It's an interpretation of their pricing plan that I hadn't considered, though, and I'm curious if that's what they're doing.