[gyehuda]

So far, AGPL has not been tested in court. GPL has. The scope of Derivative Works (reach) has as well (but the case law in this area is more complicated than most open source developers are aware of since copyright law is understood differently based on which federal circuit court hears the case). The more challenging consideration for me is the AGPL/Apache (DB/Driver) method that these companies are using -- and especially when you have Apache licensed community contributions (these apparently violates AGPL's own terms). I see this as an area that can backfire against the open source community -- and indeed I'd also like to know if FSF, SFLC, or GPL-violations takes a position on the use of Apache drivers to AGPL DBs. If so, it would be best for the open source community to know about this soon rather than after many have placed themselves in a position where their best option is to pay the vendors that have somehow managed to achieve lock-in. Ironically, this is the opposite of the goals that many in the open source community endorse. So if FSF takes a strict position on AGPL, it could accidentally result in the opposite of the freedoms we have been working for.

I'm also fascinated when companies use a license and then state in their FAQ that they didn't really mean all the terms of the license. If this comes up in court, the judge might take the FAQ into account and interpret the intent of the licensor, or might just look at the license text itself. It'll be interesting to see what happens. My advice for now is to assume the text of the license to be what the licensor intended and my hope is that companies that use open source licenses simply use the licenses that match what they mean. If they really mean that they want you to pay, they should just be clear about it and people can decide if they want to pay.