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

Thu Sep 1 11:54:26 CEST 2011

thanks Patrick!

On Wed, Aug 31, 2011 at 10:33 PM, Patrick Anderson <agnucius at gmail.com>wrote:

> 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."
>
> ---
> http://en.wikipedia.org/wiki/Tivoization
> http://www.codinghorror.com/blog/2008/02/tivoization-and-the-gpl.html
>
>
> Patrick Anderson
> http://ImputedProduction.BlogSpot.com
>
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