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Re: access to code under AGPL v3

by
Eric Caudal
- 01/15/2016 20:04:47
Hi Dominique,
This probably means that everybody is free to adopt the position and action they deem necessary at every possible level. There are several level of liability:
* Odoo sa, as editor, cannot be blamed for mixing OEE and AGPL as they just publish the core software and cannot be liable for others' decision to have mixed modules  in this particular case.
* Developers is the main responsible of copyright "chain of custody" and should not make possible to mix both licenses. AFAIK they are one of the parties to be blamed in such cases.
* Odoo sa should take care of the fact that OEE and AGPL modules are not depending on each other. They might be liable here as distributor (in apps store) of unlawful modules
* Hosters: they might be liable proposing distributions with unlawful combinations.
* End User: cannot be held responsible of the situation.

Now, who should ask for compliance: for modules in OCA, the OCA itself and the original copyright holder(s).
The OCA will not do it if the exclusion of license dependencies is respected. The copyright holder might take actions on his side.

What you, as lawful copyright holder (original or OCA) can and cannot do:
* You should probably first consult with a lawyer as this is quite complex and output/conclusions not that simple ;)
* You can and should ask the developer of an "unlawful" (mixing licenses in dependencies) module to stop distribution and fix the copyright
* You cannot ask the developer of a "lawful" (clean on dependencies) module to stop distribution and fix the copyright because somebody is using it improperly.
* You cannot blame Odoo sa because somebody mixed they software with unlawful modules (nobody is suing Smith & Wesson in murder cases)
* You can ask the distributor of a unlawful module to remove it from there repo/store/web.
* You cannot ask the distributor of a lawful module (ie not mixing both licenses) to remove it from there repo/store/web because somebody use it improperly.
* You can ask the hoster mixing "lawful" or "unlawful" modules with Proprietary license for removal if you do not agree with the interpretation of the OCA about derivative work.
* You cannot ask the end-user anything (unless he/she is blatantly and knowingly breaking the copyright law)
* You cannot ask Odoo sa to change their license because of the above cases ;)

I probably missed many subtleties but this might give at least an idea of right and wrong in most important situations (Is there any lawyer in the room?)


On Fri, Jan 15, 2016 at 11:21 PM Dominique Chabord <dominique.chabord@sisalp.org> wrote:
Thank you Joel,

can you please be more precise on the point below :

2016-01-15 15:57 GMT+01:00 Joël Grand-Guillaume
<joel.grandguillaume@camptocamp.com>:

>
> That being said, remember that the following statement represents the
> position of the OCA regarding its code base. Every contributor and developer
> is free to make his/her own opinion and choices regarding his/her own
> contribution and developments.
>
for sure, but still something is not clear to me :
So, in the case a contributor has a strict reading of AGPL regarding
his personnal work, and doesn't subscribe to the OCA rule you
indicate, then

-Answer A : if he contributes to OCA modules, he has to accept the OCA
interpretation and change his mind
-Answer B : if he contributes to OCA, he can also ask ( to FSF ? ) to
enforce his own interpretation of the license
-Answer C: he should not contribute to OCA and make his own fork of the module.

probably the right answer is D but I don't know.

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Eric  Caudal (from my mobile)