The main purpose of clause 7b4 was to attain GPLv3 compatibility for the

additional condition of version 1 of the Affero GPL, with a view to

achieving compatibility for a future version, since version 1 was

incompatible with GPLv3.\footnote{Version 1 of the Affero GPL contains

its own copyleft clause, worded identically to that in GPLv2, which

conflicts with the copyleft clause in GPLv3.  The Affero GPL permits

relicensing under versions of the GPL later than version 2, but only if

the later version ``includes terms and conditions substantially

equivalent to those of this license'' (Affero GPL, version 1, section

9). The Affero license was written with the expectation that its

itself, rather than being placeable on parts added to a covered work

through the mechanism of section 7 of GPLv3.}  However, we wrote the

clause broadly enough to cover a range of other possible terms that

would differ from the Affero condition in their details. Draft 3 no

longer pursues the more ambitious goal of allowing compatibility for a

whole category of Affero-like terms.  In place of 7b4, we have added a

new section 13 that simply permits GPLv3-covered code to be linked with

code covered by the forthcoming version 2 of the Affero GPL.

We have made this decision in the face of irreconcilable views from

different parts of our community.  While we had known that many

commercial users of free software were opposed to the inclusion of a

mandatory Affero-like requirement in the body of GPLv3 itself, we were

surprised at their opposition to its availability through section 7.

Free software vendors allied to these users joined in their objections,

as did a number of free software developers arguing on ethical as well

as practical grounds.

Some of this hostility seemed to be based on a misapprehension that

Affero-like terms placed on part of a covered work would somehow extend

to the whole of the work.\footnote{It is possible that the presence of

the GPLv2-derived copyleft clause in the existing Affero GPL contributed

to this misunderstanding.}  Our explanations to the contrary did little

to satisfy these critics; their objections to 7b4 instead evolved into a

broader indictment of the additional requirements scheme of section 7.

It was clear, however, that much of the concern about 7b4 stemmed from

its general formulation.  Many were alarmed at the prospect of GPLv3

compatibility for numerous Affero-like licensing conditions,

unpredictable in their details but potentially having significant

commercial consequences.

On the other hand, many developers, otherwise sympathetic to the policy

goals of the Affero GPL, have objected to the form of the additional

requirement in that license.  These developers were generally

disappointed with our decision to allow Affero-like terms through

section 7, rather than adopt a condition for GPLv3.  Echoing their

concerns about the Affero GPL itself, they found fault with the wording

of the section 7 clause in both of the earlier drafts.  We drafted 7b4

at a higher level than its Draft 1 counterpart based in part on comments

from these developers. They considered the Draft 1 clause too closely

tied to the Affero mechanism of preserving functioning facilities for

downloading source, which they found too restrictive of the right of

modification.  The 7b4 rewording did not satisfy them, however. They

objected to its limitation to terms requiring compliance by network

transmission of source, and to the technically imprecise or inaccurate

use of the phrase ``same network session.''

We have concluded that any redrafting of the 7b4 clause would fail to

satisfy the concerns of both sets of its critics.  The first group

maintains that GPLv3 should do nothing about the problem of public

use. The second group would prefer for GPLv3 itself to have an

Affero-like condition, but that seems to us too drastic. By permitting

GPLv3-covered code to be linked with code covered by version 2 of the

Affero GPL, the new section 13 honors our original commitment to

achieving GPL compatibility for the Affero license.

Version 2 of the Affero GPL is not yet published.  We will work with

Affero, Inc., and with all other interested members of our community, to

complete the drafting of this license following the release of Draft 3,

with a goal of having a final version available by the time of our

adoption of the final version of GPLv3.  We hope the new Affero license

will satisfy those developers who are concerned about the issue of

public use of unconveyed versions but who have concerns about the

narrowness of the condition in the existing Affero license.

As the second sentence in section 13 indicates, when a combined work is

made by linking GPLv3-covered code with Affero-covered code, the

copyleft on one part will not extend to the other part.\footnote{The

plan is that the additional requirement of the new Affero license will

state a reciprocal limitation.} That is to say, in such combinations,

the Affero requirement will apply only to the part that was brought into

the combination under the Affero license.  Those who receive such a

combination and do not wish to use code under the Affero requirement may

remove the Affero-covered portion of the combination.

Those who criticize the permission to link with code under the Affero