Author here. This was a frustrated rant after discovering these people serving my circle generator and frankly moreso my .htaccess rewrite generator on sites plastered with ads get more traffic than I do. It's honestly a little childish. I'd take the whole post with a grain of salt.
I used to to have a little cottage industry that helped me pay the bills of people finding my rewrite generator, not knowing what they're doing, and reaching out for help with their htaccess files. It's been a couple years now since anyone has reached out. On realizing that, I started looking into it.
Part of that decline is clearly Apache becoming less relevant, but the other part (I think anyway) is that I've fallen way down the SEO ranks, frustratingly behind people hosting my own tools.
Like I said, it's a rant. Think of it as such.
Everything is still MIT and by all likelihood going to stay that way.
Practical question - though IANAL - if they're not providing attribution, then aren't they out of compliance even with the MIT license, in which case you could hit them with a DMCA take down?
Thanks for chiming in. Before I delved into Linux, I spent a lot of time with the BSDs. Because of the more permissive license used by the BSDs, I learned that the work put into these projects is for the benefit of mankind. Whether that's an individual, small project, or a greedy corporation, everyone and all get to benefit and, yes, you've seen the negative side of that.
@author You should consider your (likely) emotional and (definitely) ideological reaction to AGPL / GPL-style licensing and be pragmatic about which license you use for what.
I always work from first principals, and have written code which includes proprietary, public domain, and various forms of copyleft. They all have their place.
The licensing discussions become... religious in nature. It should really a pragmatic question of what kinds of ecosystem and behaviors you want.
The choice is and isn't about freedom. Most people are constrained by capitalist free markets (or other organizational mechanisms). If I'm competing and I keep your code open and a competitor makes theirs proprietary, they have an advantage. Ergo, in many domains, you see people forced to engage in obnoxious behavior as you're seeing to be competitive. Everyone can WANT to keep things open (or any other good behavior) but NOT be able to do it.
Something like the GPL can force everyone to do what they wanted to do, if their freedom wasn't taken away by the invisible hand of the market. Ditto for many regulations. Things which seem constraining can be liberating once you put a market system around it.
Did you even read the case described? From the article:
"Many of them have made minor or major modifications to the tools, and next to none provide the source to those modifications"
"I wanted to promote community contributions, not to have them monetized by other people who don't even provide the source to their modifications"
If you did, I don't think you understood it any better than the AGPL (or freedom zero). AGPL text is not tangled. It's a very-well written text, if that's the license scope you want.
The case described is the exact purpose of these license.
Footnote: I've released two major tools 95% under the AGPL (with a few minor components under more libertarian licenses). It was the right tool for that job.
And it's trivial to be compliant with AGPL in this case without any effective change to the behaviour or problems caused. Yes, there would be source code link somewhere, but it can take 0.01% of the SEO spam and be still compliant.
There are plenty of examples of BSD-licensed code authors being burnt like this (including original ones from Berkeley, which were an impetus for the creation of the GPL; there were proprietary Unix systems built on top of volunteer-written code competing with the original systems).
Can you point me to any concrete examples of authors of AGPL-licensed code being burnt like this?
Circumventing the AGPL is trivial only on paper. It's hard in any human organization. In practice, parasites usually keep a long distance from the AGPL for reasons which will make sense to you if you sketch out what circumvention means in practice, what it means for org design, and the ROI there (not to mention the social signalling; not all parties are malicious).
AGPL does cause issues in various places, yes. But not in this specific case.
Quickly checking through license text (AGPLv3 as published on FSF website), following steps would have been enough:
1. Ability to view legal notice (does not have to be full, just reasonably visible)
2. A link that opens source of the code
3. AGPLv3 header in source code with notice of who and when modified it
Note that there's no need to explicitly advertise/attribute the creators in any more visible way. AGPLv3 also does not impact code that isn't derivative like all the SEO spam one's blackened heart puts on the site, especially when combined with modern "tag manager".
And we're explicitly talking about pathological cases from the start. To paraphrase oliwarner in this thread[1], we're dealing with people who are deliberately acting dickish.
I'll bypass discussion of BSD-licensed authors being burnt like that, because the legal situation was way more complex (before the GPL came on the scene) regarding a lot of BSD code (shortlist: 1) being derivative of other code 2) in at least one case being explicitly paid-for work with explicit "to be reused freely" conditions on the grant)
.... which would address the author's issue of not having access to the source code.
But you messed up since you proposed a technical solution, where this is an organizational problem. Let me walk you through the more complex issue. The other website follows your steps and is in the clear. However:
* The interactive is more deeply integrated into their web page, whether originally, or through a developer five years later not noticing the AGPL special case.
* OP asks for source code to the full work. The full work is their entire web site in this case.
* The full work happens to include a JavaScript library and a font program which were licensed from a proprietary vendor.
The other website has two options: (1) Negotiate to release the their source code, and worse, their vendor's source code under the AGPL (2) Pay damages.
To avoid this, beyond the steps listed, the other website needs to implement processes and controls to prevent issues like this one. That is where the $$$$$ comes in. Processes are expensive to maintain, much more so than any software.
In general, AGPL code is very safe to use in commercial settings for well-compartmentalized major systems. If I have an AGPL office suite used by my organization, or ed-tech software, that's easy. Used it in a corner like this one, it requires a lot of controls and compliance, which make it prohibitively expensive. AGPL has a few more catches like this. This is why most major organizations tend to require legal review prior to any use of AGPL code.
AGPL tends to be good for several purposes:
1) Establishing open ecosystems. If I do work in civics or education, this can be very important there. If I am making a voting system, for example, I want to guarantee anyone can inspect the system at any level.
2) Dual-licensed systems. Open ecosystem is free. Proprietary pays.
3) Major pieces of well-isolated code, like the aforementioned office suite example, where I don't want freeloaders, and where there isn't an expectation that I will have my code used as a library or piecewise in another system.
4) Places where the goal is more transparency than reuse.
I used to to have a little cottage industry that helped me pay the bills of people finding my rewrite generator, not knowing what they're doing, and reaching out for help with their htaccess files. It's been a couple years now since anyone has reached out. On realizing that, I started looking into it.
Part of that decline is clearly Apache becoming less relevant, but the other part (I think anyway) is that I've fallen way down the SEO ranks, frustratingly behind people hosting my own tools.
Like I said, it's a rant. Think of it as such.
Everything is still MIT and by all likelihood going to stay that way.