what defines source code in (A)GPL ?

[Wilson, Andrew]

Harri Saarikoski [mailto:harriers at windowslive.com] wrote:

➢ I.e. does AGPL make a distinction between Code and the Idea itself ?

Well, yes, because just to review the basics, the Code is a work of authorship
and subject to copyright, and the Idea is an invention and potentially subject to
patent protection.  (Flames about SW patents in general are off-topic
for this list.)  When you distribute
your Code under (A)GPLv3, you are granting a $0 license to practice the
Idea (e.g. any patents you may have which read on the Code) in (A)GPLv3
covered code.  Many people believe there is an equivalent patent grant
implicit in (A)GPLv2.

Generally speaking, I don't see how you can both protect your Idea from
commercial use /and/ release an implementation under an OSI-approved license
without contorting yourself into an unnatural and probably indefensible
position.

IANAL, TINLA.

Andy Wilson
Intel open source technology center