FWIW the AGPL (which is a nonfree EULA trying to masquerade as a copyright license) has never been tested in court, so the fact that it is nonsensical has yet to actually be adjudicated. Software and services aren’t the same, and the anticapitalist zealots at the FSF can’t square this circle no matter how hard they try.
The person I am replying to is an obvious troll, but it is worth mentioning that there is very little to "test in court". Basic copyright law says that you cannot copy someone else's code and distribute software based thereon. *GPL* provides a workaround, provided that you follow the terms of the license. If a court were to invalidate all of AGPL, the default fallback would simply be that nobody is able to distribute…
My comment is and was completely sincere; I am not trolling. It legitimately boggles my mind how people read the text of the AGPL and don’t see that it’s plainly and obviously a EULA (which makes it nonfree).
I’ve even written about it before: https://sneak.berlin/20250720/the-agpl-is-nonfree/
I am not a lawyer but I’m not sure if that fail-closed situation is how it would work; presumably some parts of it could be found to be invalid without invalidating the entire license? It’s not my field, I am just guessing.