FSL is a much simpler court case. “You weren’t allowed to compete with us. You did. Here are the actual damages incurred. Pay us.”
An AGPL enforcement would require the court to interpret its virality which is an open question before even deciding whether a violation occurred.
The potentially overreaching nature of AGPL is one reason it maybe unenforceable. On the other hand if courts lean towards the less viral interpretation Google could get around these issues by modding an AGPL project to run on their proprietary hardware that no one has access to and then simply releasing the modified source code.
An AGPL enforcement would require the court to interpret its virality which is an open question before even deciding whether a violation occurred.
The potentially overreaching nature of AGPL is one reason it maybe unenforceable. On the other hand if courts lean towards the less viral interpretation Google could get around these issues by modding an AGPL project to run on their proprietary hardware that no one has access to and then simply releasing the modified source code.