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Does managed hosting constitute conveyance?

Hi! I read the FAQ and found a post that is a similar case to ours but just wanted to confirm.

My question is simply does managed hosting constitute conveyance? I imagine a lot of folks will have similar questions as computing moves more toward a virtual and cloud hosting context.

In our case, we host our own Drupal instance, which contains custom modules and theme extensions we developed to meet the specific needs of our audience. We plan to release parts of the work we have developed to the open source community, but on a schedule we can support.

We host out of our own data center, but have a need to host in China so we are investigating managed hosting services. Given that the managed hosting service will be funded and operated entirely on our behalf, I think according to GPL3 that is not considered a distribution. Is that a correct interpretation?

In the post http://groups.drupal.org/node/94274 there is a similar question proposed where the client rents a server from the SASS but physically locates the server in their own premises behind their own firewall etc... It seems like a similar case, and the feedback was to engage with Free Software-savvy attorney and work into the contract the specifics of whether it constitutes conveyance.

Just checking does that advice apply here as well.

Many thanks.


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