The developers made this publicly accessible to users interacting with it remotely through a computer network, in violation of the license. What the developers consider a "release" and their incompetence is irrelevant
I'm not asking about whether or not they violated AGPL on a narrow interpretation of the license from a single clause, but whether that caveat in the license is enforceable in this situation. I'm thinking they will have a hard time showing that this constituted a release or distribution under US law.
I was just wanting someone with more legal experience than me to weigh in.
"If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid."
The use of the qualifier 'patent' in the license definitely doesn't clear anything up if Truth Social wasn't released for commercial consumption.
If this was released for consumers, as some above have suggested, then that's a different case, but I haven't seen any evidence of this, not that I spent much time looking.