| If I understand your position, and that of the FSF, rightly then you believe it is both unethical to provide, and unethical to use hosted software that does not carry the AGPL. I would submit that a SaaS provider could not ethically allow modifications to their running software. So let's exclude that from the discussion. What if a provider only ran software licensed with the AGPL? It wouldn't fix anything. The license requires accessing a download of the source. How can a customer verify the version of the software is the same as the version of the download, i.e. check for a violation of the license? Short of having access to the operating system on the servers, the customer cannot. No reasonable service provider would allow such access, and no reasonable customer would accept that other customers, including, possibly, competitors, had such access. You can push the problem around all you like (every customer has their own server with OS-level access, but what about the DB?). It will always end up being cost prohibitive to run a service. Also, under the AGPL the point is for any user of the system to be able to host and run their own instance. Meaning that any innovations must be given away. Conversely, if the software can only run in the context of the provider's data store, the problem of data ownership is not resolved. Do I want the keys to the OS on my home computer. Darn right. At work, do I want the keys to Amazon's virtualization layer? Heck no, I don't want those headaches. It's what I'm paying them for. Stallman's position also fails to address the ethics of contract law. What makes Free Software ethics superior to ethics of contracts? |
Anyway, to be clear: Stallman actually says that breaking your promise, i.e. breaking a contract is not cool, so you shouldn't ever accept a contract that requires you to give up essential freedoms. He does not advocate breaking contracts, he argues about which contract terms are ethical or unethical. He doesn't say break the unethical ones, he says don't accept them in the first place.
And you could run hosted software that does something that involves networking fundamentally, such as a chat service, and it would not be SaaSS. And you could run any software under a permissive license and still provide the code as though it were AGPL. AGPL isn't a requirement for being ethical, it just helps stop people from being unethical (but they could choose to be ethical regardless).