this post was submitted on 18 Oct 2023
49 points (69.3% liked)
Technology
59223 readers
3221 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related content.
- Be excellent to each another!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, to ask if your bot can be added please contact us.
- Check for duplicates before posting, duplicates may be removed
Approved Bots
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I don't think you're right.
The GPL 3 says:
So the GPL 3 explicitly allows anyone to sell anyone else's GPL 3 code. I've written code that I've published publicly under the GPL 3. Insodoing, I've granted everyone who can download a copy (which is basically anyone who can find it out there on the open internet) to sell copies of my code for a profit if they so choose. (So long as they also provide the source code in one of the acceptable ways outlined in the GPL 3.) I knew and understood this consequence when I chose the GPL 3. That is to say I granted everyone else the legal right to sell my GPL 3'd code on purpose.
Basically the only thing in the AGPL 3 that's not in the GPL 3 is:
So, let's say I make a fork of Mastodon that a) prevents people from completing the signup process until they've provided payment information and authorized me to charge them $1,000,000/day, b) charges anyone registered $1,000,000/day, and c) deactivates any account for which the daily $1,000,000/day charge failes to process or for which the user has cancelled their subscription.
And then let's say I set up a Mastodon instance with that source code and invite the public at large to join for a $1,000,000/day subscription fee.
If I did that, I'd have to make sure that my modified source code was available to anyone who "interacted with it remotely through a computer network... at no charge, through some standard or customary means of facilitating copying of software."
Now, does "interacing with it remotely through a computer network" include going to the home page (even if you don't ever subscribe or click the "login" or "register" button)? Prooooobbbbaaaabbbllyyyyyy? (IANAL and I doubt that's ever been tested in court, so I definitely can't be certain. I'd want visiting the home page without ever registering/subscribing/authenticating to qualify as "interacting with it remoteley through a computer network" for any software I put under the AGPL 3. (And I have published code under the AGPL 3 as well as other code under GPL 3.)) If so, I'd probably have to share the source code with anyone who visited the home page. But that still doesn't say anything about me being disallowed from charging a subscription fee.
As far as I can tell, the AGPL 3 says nothing to disallow anyone from charging subscription fees for any AGPL 3 software.
All that said, if anyone who ran a free instance decided to start charging a subscription fee, people could jump to other instances and still largely get the same content and interact with the same userbase thanks to Mastodon's Federation feature. So there are still practical reasons why Mastodon as a whole and also indiviual Mastodon instances probably wouldn't or couldn't start charging membership fees. At least not in an enshittifying imposed kind of way like Twitter is doing.