Questions / Concepts GPL. Was: Re: GPL License with clause for Web use?

Sam Liddicott sam at liddicott.com
Thu Nov 22 13:41:22 UTC 2007


* list at akfoerster.de wrote, On 22/11/07 13:36:
> Am Thursday, dem 22. Nov 2007 schrieb Sam Liddicott:
>
>   
>> With the GPL3 this is not true: at some time in the distribution chain,
>> derived works may have certain additional restrictions added, thus
>> licensing the combined work under the AGPL such that when an original
>> contributor receives the derived work with enhancements to his own work,
>> he may not distribute any combination of his work with any of those
>> enhancements unless he does so with the additional restrictions of the
>> AGPL.
>>
>> If the licensor finds this disparity objectionable then he may prefer to
>> use the GPL2.
>>
>> I believe that this implication is not widely understood and because
>> ealier versions of the GPL are widely known to prohibit the addition of
>> extra restrictions, this implication is also unexpected.
>>     
>
> Oh, that is anything but unexpected for someone, who followed the
> drafting process.
> Section 7 of GPLv3 allowed some additional restrictions right from 
> draft 1. Actually those additional restrictions were softened later.
>   
GPL3, Section 7, optional terms a-f are nothing like the extra
restriction of the AGPL.

The extra restrictions of the AGPL are part of the AGPL alone, and as
far I as I can see, GPL3 makes no explicit recognition that such terms
could be permanent according to the GPL3.

GPL3, 10 says: "If the Program as you received it, or any part of it,
contains a notice stating that it is governed by this License along with
a term that is a further restriction, you may remove that term."

However, I guess, removal of that AGPL term is without effect if the
work stays combined with the AGPL work, or rather, would breach the AGPL.

Sam
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