DFSG-freeness of any license that fixes the ASP loophole

Shriramana Sharma <samjnaa.DeleteThis@gmail.com> wrote:
> I just discovered that the people I was trying to help to migrate to the
> GPL might be hesitating because they don't want their software to be
> used to provide a service over the network without the source being
> release, claiming that their service does not count as distribution (the
> ASP loophole).

Licences that 'fix' the ASP 'loophole' have two problems:

1. they are a massive distraction from the real problem - if someone
evil(?) is using your software, the version they offer for download
will not be the version they are running anyway, or they'll hide their
innovations in an external program that the ASP'd one communicates with
and they won't have to distribute, or any of the other 1001 loopholes
in ASP clauses;

2. most break DFSG 1, 2, 3, 4, 5, 6 and/or 9 in some way.

> http://www.funambol.com/blog/capo/files/HPL_draft.txt
>
> Since everyone on this list (I presume) can get the GPL at
> /usr/share/common-licenses/GPL-2, I provide only the additional clause:
>
> d) For the purposes of determining the right to obtain copies of the
> source code (as well as the right to modify and distribute such source
> code and object code), the term distribution shall include the
> communication of the Program or work based on the Program which is
> intended to interact with third party users (meaning anyone other than
> you or if you are an entity such as a corporation and not an individual,
> that corporation), through a computer network and the user shall have
> the right to obtain the source code of the Program or work based on the
> Program. This provision is an express condition for the grants of
> license hereunder and any such communication shall be considered a
> distribution under Section 1, 2 and 3.

So does that mean any binary package must also install the source code,
in order to offer the right to obtain it? IIRC, that fails DFSG 3.

The same is true of the simplification.

Now, what software is this about?

Regards,
--
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
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