3 ms·
This article doesn't really explain what happened, and the details it does give contradict each other. Here it is as I understand it: - the plaintiff's softwar
by pie_flavor 5y ago
This article doesn't really explain what happened, and the details it does give contradict each other. Here it is as I understand it:
- the plaintiff's software was under the AGPL+Commons, which makes it non-open-source
- the defendants copied the software, re-releasing it under bare AGPL, under the clause that says you can remove upstream restrictions
- that clause is actually about licensees, and the plaintiff isn't a licensee, they're a copyright holder. So the defendants had no right to remove it and their version can only be, and therefore is, subject to the Commons Clause too
- their declaration of being open source would have been valid if they had the right to license the work as they did, but they didn't, so it's not open-source
I assume that the plaintiff couldn't figure out a way to make a copyright license violation accusation stick, so they went after them for false advertising instead, and the judge judged it with the intensity of a copyright license violation because he knew the score too. This seems like a bizarre train for the OSI to leap on because it doesn't further anything about open-source and only furthers the interests of people who aren't.
- joshuaissac 5y ago> that clause actually says upstream licensee The AGPL does not use that wording, but the court chose to interpret it that way because the alternative interpretation that a licence could restrict how the original licensor can convey their work was deemed to incompatible with the principles of contract and copyright law.
- deleted 5y ago[deleted]
- pie_flavor 5y agoThe 'you' in section 10 refers to the licensee, and section 7 is specifically about further restrictions as defined in section 10. It doesn't help that the AGPL didn't capitalize that phrase, but as the document defines it, conditions added by the copyright holder as opposed to licensees don't count as 'further restrictions'.