[License-review] For Approval: License Zero Reciprocal Public License

[Bruce Perens]

On Mon, Oct 23, 2017 at 3:08 PM, Kyle Mitchell <kyle at kemitchell.com> wrote:

>
> 1. Why are net-freedom-enhancing conditions on distribution
>    permitted, but net-freedom-enhancing conditions on use
>    prohibited?
>

Because net-freedom-enhancing conditions on use were not necessary, given
that we had distribution and modification to hang them off of, and there
were examples of net-freedom-enhancing conditions on use that had backfired
and become net-freedom-reducing. So, I wrote the rule that way.

>
> 2. What's the basis in OSD for that distinction?


The OSD language on field of endeavor restrictions. Now, you are attempting
to avoid that by coupling modification and use together in your
restrictions, awkwardly and unnecessarily. You can do all that you desire
with modification alone.


> 3. What's the difference between "distribution" and "use",
>    anyway?  (We're using "distribution" here in a loose
>    sense, not precisely as employed in the Copyright Act.)
>

Use is running the program, including the creation of incidental copies as
necessary for running.

Copyright law was written for a publisher paradigm that we are not limited
to, so the word "distribution" may be used differently.


> 4. Industry developments---ASP, PaaS---are making that
>    distinction less and less relevant.  Doesn't confining
>    copyleft to distribution-triggered conditions
>    fundamentally hobble it as a technique for driving a good
>    reciprocity bargain?


Not really, because you can do all that you desire with modification alone.


> In other words, is AGPL the furthest copyleft can go?


Not at all. If you want to hang your terms on modification, you can still
do that. You can activate your terms on private development (which OSD does
not prohibit but some may take exception to), or you can make _exceptions_
to your terms that protect private development and are permissive rather
than restrictive.

    Thanks

    Bruce
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