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Glad you raise this topic.
Can anybody elaborate on the practical difference between EUPL and AGPL ?
Iirc, although these both cover software as a service, EUPL is more relaxed about conversion or combination with other 'compatible' licenses which don't include SaaS. So I'd be worried this keeps open a pathway for a bigger power to 'enshittify' my code.
Another question - has anybody experience defending rights under EUPL ?
I can only answer the first question:
The great thing about the EUPL is: Its terms prevail if the other license does not have conflicting provisions. Any code licensed under EUPL will keep the SaaS restrictions:
https://interoperable-europe.ec.europa.eu/collection/eupl/matrix-eupl-compatible-open-source-licences
I'm still confused by this. Doesn't that imply that if a derivative SaaS is created in combination with a weaker ( less-copyleft ) license such as GPL, Apache or MIT, then the weaker licence wins, so the derivative source code no longer has to be published ? I'm not looking for a 'do whatever you like' licence, I'd prefer a copyleft approach like AGPL, but one that's easier to defend in europe.
The weaker licenses don't even mention SaaS so they aren't in conflict with the EUPL there. As such, the EUPL's copyleft protections should still remain for code published under it, even when used in an MPL project.
I'm imagining it as a pseudo-dual license permission and the EUPL as some sort of Affero-LGPL.
Though SaaS vendors would probably comply maliciously and only send EUPL code snippets back when requesting source code, if they are used in a differently licensed project.
I hope you are right but fear that in practice (has this ever been tested?) you might not be.
See for example this discussion ( note especially comments by 'MadHatter' )
A lot of the discussion seems to be US centric though, such as this quote:
Since this links to a US court decision, I believe the first part also refers to the US. As little as I know about EU law, what I do know is that it is often intentionally vague to ensure the spirit of the law cannot be violated. That seems to be the same for the EUPL where vagueness is preferred over concrete definitions which may hold up even worse in (EU) court due to the limitations on copyright law.