>An AGPL enforcement would require the court to interpret its virality which is an open question before even deciding whether a violation occurred.
In US courts, the case law shows that the "virality" is not really an open question because of GPLv3 case law, and has never been interpreted that way. I'm not sure why you're commenting about this scenario when you're unaware that this has been actually tried in courts.
In fact, we saw that in infamous Neo4j AGPL case, actually. AGPL worked as intended and protected the AGPL software in a similar way to LGPL. The court went on to protect non-GPL compliant additions that Neo4j made as being considered contagious, even, going even further to protect the original licensee than intended with the original unmodified license.
So, just recapping, you've gone from stating that Amazon could firewall off AGPL because it has no case law, and after learning it does has its case law includes GPLv3 that it simply may not be 'viral' enough because that hasn't been tested in court, to now learning it has been tested in court and successfully enforced.
>The extent of virality added by the additional clauses is not clear.
The Neo4J case was one piece of a longstanding part of GPLv3 caselaw where the virality is clear.
>My point is that it doesn’t matter. If it is “viral” to the extent some people are concerned about, Amazon can find ways to firewall it.
Just a recap of your responses so far:
So AGPL has no case law and might even be unenforceable, so therefore it you should use non-free source available licenses. Oh, it does have case law and hyperscalers have been forced to open source their forks like of BDB?
Well, the virality hasn't been tested and FSL would be an easier case. Oh, it has been tested, multiple times and licensees have had to work out an agreement like in the Neo4j case - such that judges would actually be able to rely on prior art unlike FSL?
Okay, well, even if that's all true - Amazon could just firewall it anyways. How? Well they would simply use vast resources to create proprietary hardware, create a fork for proprietary hardware despite that making it impossible to receive patches from the main fork, and then sell that as a service.
Based on the above, I think you've done what you can to convince me.
In US courts, the case law shows that the "virality" is not really an open question because of GPLv3 case law, and has never been interpreted that way. I'm not sure why you're commenting about this scenario when you're unaware that this has been actually tried in courts.
In fact, we saw that in infamous Neo4j AGPL case, actually. AGPL worked as intended and protected the AGPL software in a similar way to LGPL. The court went on to protect non-GPL compliant additions that Neo4j made as being considered contagious, even, going even further to protect the original licensee than intended with the original unmodified license.
So, just recapping, you've gone from stating that Amazon could firewall off AGPL because it has no case law, and after learning it does has its case law includes GPLv3 that it simply may not be 'viral' enough because that hasn't been tested in court, to now learning it has been tested in court and successfully enforced.