GPL declines as open source moves to the Web
news.cnet.com
news.cnet.com
Providing web services with GPL software is well within the recognized use of software. It's yours to use, modify and run, and this includes creating and serving static or dynamic web pages on (modified) GPL software stack as well as essays written on (modified) Emacs. What are the copyright holders missing if GPL is not enough for web software?
AJAX is a different case but then again GPL'd javascript libraries are already covered by GPL. You're effectively distributing the GPL js libraries to the user, hence triggering the distribution clause.
Tivoization is a whole another issue that certainly stomps on the user's rights and that is indeed addressed by GPLv3. But that has nothing to do with web software.
The author seems to be aware of GPLv3 but neglects to mention this is one of the problems it's intended to solve. Odd.
The GPLv3 doesn't have shit to do with SaaS -- for that kind of wank you'll have to look to the AGPL
Surprisingly (or perhaps not so surprisingly) there are excellent non-GPL open source alternatives today. And my subjective impression is that recent open source projects that use GPL are less popular than BSD/MIT/Apache based alternatives. That may be confirmation bias, of course.
So in that sense, I agree that GPL is declining ... frankly, I am happy with that development, because I don't consider GPL to be a license so much as a political philosophy, a philosophy I strongly disagree with. Which is why we choose not to use GPL software to the maximum extent possible (much as Stallman would choose not to use the software we create, which is perfectly fine with me!).
You (like many others in these parts) seem to be avoiding the GPL, to the detriment of your business, and for no practical or pragmatic purpose. Personally I have no time for such zealotry.
It's basically a shrinkwrap EULA -- and about as legally enforceable -- the restrictions it adds on top of the GPL have no basis in copyright law. On top of that nobody's going to notice if you break it's rules, and there's no enforcement mechanism anyway.
The only logical reason for its existence is so that you could open-source an end-of-life product in a form that noone else could legitimately pick it up and take your place. Poisoning the well.
As for enforceability, that might be tough. The point of the license is to help keep honest people honest. If someone wants to steal your code, they are going to do it whether or not they think the license is enforceable. (Look at all the piracy of closed-source software, and all the blatant violations of the GPL. Nobody cares what the license says, they just do what they want.)