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thriododkdje 2 hours ago

I would like some precedents, to see if AGPL is actually enforceable. Many licenses put several demands on user, but are some parts are void and illegal. Like OEM licenses for MS Windows, that forbit reselling.

License can not order someone to publish something. They may not have a rights to publish code, or it was created as part of employment...

ahtihn an hour ago | parent | next [-]

> License can not order someone to publish something.

No it can't, you are right.

By default, you don't have any right to use any given software. The license outlines the conditions under which you have are permitted to use it. If you don't comply with the conditions, you aren't permitted to use it.

The license isn't ordering you to do anything, you can simply not use the software!

sterlind an hour ago | parent | prev | next [-]

accepting AGPL means you're vowing to publish derivative work. if you aren't legally allowed to publish that work, you violated its terms. the Court may not order you to publish to cure the violation, if you lack the rights to do so, but they can still order you to pay damages.

if I sign a contract saying I'll produce a million Iron Man action figures, but I don't have the IP for Iron Man, I can't just shrug my shoulders and say "well, you can't make me." the Court would make me pay damages.

deno 16 minutes ago | parent | prev | next [-]

AGPLv3 still has the termination cause which is at least in the worst case (fail to comply) self-contained.

I'm not however convinced they are really in violation by calling a binary plugin. GPL itself does not forbid you from dynamically linking to or calling unrelated software. The network plugin is analogous to a device driver, it's not core part of the slicer.

GPL differentiates between a "Combined Work" and an "Aggregate":

> A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an "aggregate" if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.

If they tried to add DRM to Bambu Studio and prevent you from replacing their blackbox with a different one then that would where they would clearly go against the TiVo provisions.

Tomte 8 minutes ago | parent [-]

> GPL itself does not forbid you from dynamically linking

GPL does not contain the words "dynamically linking". That‘s just a common interpretation as a shortcut.

In this case there are arguments for the program-plugin communication to be "intimate" and as such falling under "derivative work". But it‘s easy to take the other side, as well.

skeledrew an hour ago | parent | prev [-]

A license is as enforceable as there are lawyers to advocate for it in court, judges to make rulings for it, and a system of enforcement to make any rulings a reality. Doesn't really matter what's in the license itself.