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March 17th, 2008

Will the GPL be overtaken by AGPL?

Posted by Dana Blankenhorn @ 6:15 am

Categories: FOSS, GPL, General, Google, Legal, Software Licensing, Software as a Service

Tags: Software, GPL, OSI, Loophole, Capobianco, Tools & Techniques, Open Source, Management, Dana Blankenhorn

Fabrizio Capobianco from BlognationVersion 3 of the Affero GPL was approved by the OSI last week, leading one of its advocates to suggest it should become the most popular version over time. (Picture from last October’s VentureCamp for Blognation.)

As the software industry increasingly moves to a Software as a Service (SaaS) model, Fabrizio Capobianco (right) of Funambol writes, the AGPL’s closing of the “ASP loophole” will become a vital protection for software users.

The loophole defines what’s delivered by a SaaS vendor as a service, not software, meaning they are not required to disclose improvements to the original code. Capobianco considers this dishonest.

He is so adamant on this point that in 2006 he wrote what he called the Honest Public License to prohibit that.

Who is the target of Capobianco’s wrath?

One company benefiting from it is Google, abusing open source software for their benefit (aren’t you interested in seeing the modification to the Linux file system they did to run their gazillion of servers? I am ;-) In fact, they pushed for the ASP loophole to be ratified in GPL v3 and they submitted it to OSI for approval. They love the loophole. They made a business around it (and what a business!!). They got GPL v3 OSI approved…

In other words, even Google’s GPL efforts are far from the real bottom of the open source incline.

To be fair, support for Affero is also meant to contrast Capobianco’s own company with our Googlemeisters:

For a company in this position to base its software and business on this license is to set an example for the industry and to send a message to open source projects and commercial organizations that this license is good and viable such that they should consider adopting it for their own purposes.

In his blog post on Affero, Capobianco seems almost delighted at the opposition of Google’s Chris DiBona to the AGPL, especially after Eben Moglen disagreed with him, writing “there are many development projects that would benefit from considering the use of AGPLv3.”

Like Funambol, for starters, which licenses its Community Edition under AGPLv3. But is this an important distinction? Does this create a new floor for the open source incline, or should the AGPL just stay in the basement?

How important is the AGPLv3 and its closing of the SaaS loophole?

View Results

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Dana BlankenhornDana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983. You can follow Dana on Twitter. See his full profile and disclosure of his industry affiliations.

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  • Talkback
  • Most Recent of 18 Talkback(s)
I think this loophole needs to close
It's wrong for companies like Google to utilize loopholes in the law to keep their technology holed up giving them a unfair advantage. As much as I like Google I feel this is like Microsoft's issue wh... (Read the rest)
Posted by: John Musbach Posted on: 03/22/08 You are currently: a Guest | | Terms of Use
It's like opening your front door  fr0thy@... | 03/17/08
I can see both sides. I think it should be up to the individual developer.  DonnieBoy | 03/17/08
But HOW do you define SaaS?  George Mitchell | 03/17/08
Not nearly the same.  odubtaig | 03/17/08
Where's the bottom of the slippery slope?  Chad_z | 03/17/08
Google makes use of Apache licences  DanaBlankenhornZDNet Moderator | 03/17/08
Linux under GPLv2, and not relevant to this discussion.  russell@... | 03/18/08
But isn't this fundemental to the GPL  No_Ax_to_Grind | 03/17/08
Truly your understanding of this isssue is  odubtaig | 03/17/08
I agree  storm14k | 03/17/08
Hell has frozen over...  bmerc | 03/17/08
Now we know why so many glaciers are disappearing.  hkommedal | 03/18/08
Very nice to see you with with a post that makes 100%  hkommedal | 03/18/08
It depends.....  Ole Man | 03/17/08
Private modification  russell@... | 03/18/08
RE: Will the GPL be overtaken by AGPL?  cdibona | 03/18/08
Gah...  cdibona | 03/18/08
I think this loophole needs to close  John Musbach | 03/22/08

What do you think?

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