[P2P-F] 2 strategies to undermine free software's progress

[Patrick Anderson]

Felix Stalder wrote:
> move to software-as-service, where the GPL has no teeth

The GNU AGPL addresses this directly by requiring Sources be offered
to anyone interacting with the program "over a network" but is
incomplete because:

.) This does not apply to any hardware not owned by users.
   For example, a business could offer access to computers running
Free Software but would not be required to provide Source Code to
those users.

.) It does not help us share the hardware costs of *hosting* that software.
   We might do this through a Property Left legally binding social contract.


> Android type approach, where the software is linked to hardware

The GNU GPLv3 addresses this directly by requiring all information
needed "to install and execute modified versions of a covered work in
that User Product" and  disallowing "any legal power to forbid
circumvention of technological measures" but is incomplete because:

.) This does not apply to any hardware not owned by users.
   From the license: "A ``User Product'' is either (1) a ``consumer
product'', which means any tangible personal property which is
normally used for personal, family, or household purposes, or (2)
anything designed or sold for incorporation into a dwelling.  In
determining whether a product is a consumer product, doubtful cases
shall be resolved in favor of coverage.  For a particular product
received by a particular user, ``normally used'' refers to a typical
or common use of that class of product, regardless of the status of
the particular user or of the way in which the particular user
actually uses, or expects or is expected to use, the product.  A
product is a consumer product regardless of whether the product has
substantial commercial, industrial or non-consumer uses, unless such
uses represent the only significant mode of use of the product."

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http://en.wikipedia.org/wiki/Tivoization
http://www.codinghorror.com/blog/2008/02/tivoization-and-the-gpl.html


Patrick Anderson
http://ImputedProduction.BlogSpot.com