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IANAIPL but this has always seemed strange to me. Copying and creating derivative works are separate from use, especially in light of 17 U.S.C. § 117(a)(1). So
by torstenvl 5y ago
IANAIPL but this has always seemed strange to me. Copying and creating derivative works are separate from use, especially in light of 17 U.S.C. § 117(a)(1).
So rather than carve out a huge exception to the conditions on creating derivative works, and then trying to re-implement some of those conditions by placing conditions on use... why not just pare down the exceptions wrt derivative works?
Less abstractly: AGPL says you only have to license modifications if you distribute derivative works to the public, but you also have conditions on use. That makes it non-free. Why not simply say you have to license all modifications if you make a derivative work, unless the derivative is solely for personal/internal use without control or interaction by individuals outside your household or organization?
It seems to me that would achieve effectively the same end, but in a more straightforward manner and by hinging the mechanics on derivative-making rather than on use.