EDIT: nvmnd, i found the answer :blobfoxcheer:
In a FAQ provided by the EU, one of the questions is âCould the use of a compatible licence reduce the reciprocity of the EUPL?â. This is basically what I was wondering about. The answer is that the copyleft part is not weakened, so the requirement for providing the source code, even in the case of a SaaS, remains.
For the specific reason; the EUPL says âShould the Licenseeâs obligations under the Compatible Licence conflict with their obligations under this (EUPL) Licence, the obligations of the Compatible Licence shall prevailâ. The reasoning why the obligation to share the code still stands, is that while eg GPL doesnât require sharing the code in this case, it also doesnât forbid it. Because it does not forbid it, it is not considered a conflict and therefor the EUPL still stands.
This is what I wanted to know :blobfoxhappy:
Are there any lawyers here who have a good understanding of floss, copyleft, and have checked out the EUPL?
My specific concern:
Under article â5. Obligations of the Licenseeâ the âCompatibility clauseâ says
Compatibility clause: If the Licensee Distributes or Communicates Derivative Works or copies thereof based upon both the Work and another work licensed under a Compatible Licence, this Distribution or Communication can be done under the terms of this Compatible Licence. For the sake of this clause, âCompatible Licenceâ refers to the licences listed in the appendix attached to this Licence. Should the Licenseeâs obligations under the Compatible Licence conflict with his/her obligations under this Licence, the obligations of the Compatible Licence shall prevail.
Note that âDistribution or Communicationâ is defined as
âDistributionâ or âCommunicationâ: any act of selling, giving, lending, renting, distributing, communicating, transmitting, or otherwise making available, online or offline, copies of the Work or providing access to its essential functionalities at the disposal of any other natural or legal person.
letâs say I take a software licensed under EUPL. Then I (or someone else) write some separate piece of code and release that piece of code under, say, GPL or LGPL (who are listed as a Compatible Licence in the EUPL appendix). Now I combine both pieces of software.
If I understand correctly, this allows me to make available the âessential functionalitiesâ of the resulting work (eg by hosting the software on a server and allowing people to use it, without distributing the code) under GPL/LGPL, meaning I donât have to provide the source code (afaik GPL and LGPL donât require this in this scenario, hence why AGPL was created).
This seems like an obvious loophole, but it does seem to be there. Am I missing something here?
EDIT: The original question used CC BY-SA 3.0 as an example, but that one is specifically listed for non-software only, wouldnât be a problem here.
#Copyright #Copyleft #EUPL