Affero GPL, CiviCRM, and FUD

Recently Robert asked that we "Suggest A Topic For Drupal For NG Os Tue, 24/03/2009 - 10:27" ( http://www.drupal.org.uk/suggest-topic-drupal...) and I made some suggestions including CiviCRM. Another person jumped into the thread with a distraction about the AGPL. I asked for clarification and was treated to an unattributed replay of one of the most contentious conditions of that license. Whether condition 13 is really "intended to guarantee your freedom to share and change all versions of a program" (reference follows) or is a massive imposition has been (over) thoroughly hashed out elsewhere. So rather than mucking up Robert's attempt at garnering constructive ideas for future meetings I shall reply here:- For those who are wondering where this is coming from, you (or your lawyer) may like to view GNU AFFERO GENERAL PUBLIC LICENSE Version 3, 19 November 2007 (http://www.gnu.org/licenses/agpl-3.0.html) It would be unprofessional not to draw one's employer's or client's notice to such legal requirements as license terms. However, and to avoid unnecessary FUD (fear, uncertainty, and doubt) the wider picture in this case is best taken from CiviCRM's web site. "CiviCRM Licensing" (http://civicrm.org/licensing) includes references to all the 'legalese' you could want, plus a helpful comment from their "project attorney" wherein he excludes from the broad swathe of paragraph 13, "code snippets" (which surely includes a few amendments of INVITED entry in a "civicrm.settings.php" file - the example given in earlier concern expressed). The attorney continues, as indeed do the links on that web page, to outline how something must be "expressive creativity", require a copyright statement, and otherwise be non-trivial, before such considerations are worth bringing to bear. In the case of software such creativity refers to programming, and that involved in the way the package works. It does not refer to the ingenuity and customisation which a particular user applies to the package - and which service the package is designed to provide (that is creativity of a different type). For more specific understanding of the legal 'mind' of CiviCRM's copyright holders, take even a cursory look at how CiviCRM have implemented the package in consideration of both the advertising value and legal aspects of paragraph 13 (apologies, I can't give you a live link for this, and my development system is hidden away from public view). At the bottom of each page there are four links: labelled the Affero license, source code, bug reports, and online documentation. The first is the link above. The latter two are for user convenience. The 'source code' link completes the licensing requirement by presenting the CiviCRM download page. 1 their download page and thus an authoritative (reliable) copy of the s/w being 'made available' 2 not a link to your own server which would offer a copy of what you have configured and/or built-up on your site or implementation of CiviCRM - which would have to include database passwords, directories outside of the web-accessible tree, the contents of your CRM database, etc!!!??? Given that any purported prosecution would have to be launched by CiviCRM, and that they themselves have installed that link, as well as volunteering the above-mentioned advice in a bid to remove Affero-associated FUD and hysteria, it remains only for us to do our homework... 1 I am not associated with CiviCRM other than in assessing its use for client applications 2 I am not a lawyer but have decades of IT (and contract) experience and cut my teeth on the famous FUD by which IBM ran the computer world for quite some time - and ultimately failed 3 I doubt that DrupalLondon/UK was/is set up to provide legal advice 4 Legal advice is unlikely to be given in generalities. Lawyers need specific situations ("implementations" in IT terminology) upon which to base their opinions 5 none of this discussion precludes CiviCRM from being a topic worth DrupalLondon's attention

Comments

MJR's picture

A few small points

It's not an "unattributed replay". It was pretty clear that I was mentioning the current CiviCRM licence, the AGPLv3. The "thus an authoritative (reliable) copy of the s/w being 'made available'" is what I am uncertain about. The FSF were directly asked to clarify that during the AGPLv3 drafting (comment 3501, for example) and did not do so. It's also not in the AGPLv3 FAQ either way yet. Why is this so clear to a few people? It doesn't seem true that "any purported prosecution would have to be launched by CiviCRM" since wilful copyright infringment is currently a criminal offence in the UK and elsewhere. The prosecuting agencies would decide whether to prosecute, not CiviCRM. http://www.ipo.gov.uk/crime/crime-whatis.htm 1 same here, 2 same here except the IBM bit, 3 same here, 4 not relevant, 5 I never suggested otherwise. I didn't expect a question to upset anyone so much!
lobo's picture

Some thoughts on why we use the AGPL ...

Hi! i'm one of the founders of the CiviCRM project. So my 2 cents ... IANAL (i am not a lawyer), and these are my personal opinions: 1. i suspect there are lots of websites / forums that discuss / talk about GPL v3 / AGPL v3, so i'll avoid commenting on either of them :) 2. We suppress the footer on all "public facing pages". You can enable it if you desire. 3. The download link can point to the CiviCRM download page (which is on SourceForge). You dont need to host the package on your server. Neither do u need to share your settings files or DB. Its YOUR data 4. If you modify the core code, share your changes. Could be as simple as a patch file with the mods and then a link to the original download file to which the patch applies. If you create a drupal module and use the api's to add/extend functionality, we dont consider that a modification (your lawyer may not agree with this) lobo