Slashdot Mirror


FSF Asks Apple To Comply With the GPL For Clone of GNU Go

I Don't Believe in Imaginary Property writes "The Free Software Foundation has discovered that an application currently distributed in Apple's App Store is a port of GNU Go. This makes it a GPL violation, because Apple controls distribution of all such programs through the iTunes Store Terms of Service, which is incompatible with section 6 of the GPLv2. It's an unusual enforcement action, though, because they don't want Apple to just make the app disappear, they want Apple to grant its users the full freedoms offered by the GPL. Accordingly, they haven't sued or sent any legal threats and are instead in talks with Apple about how they can offer their users the GPLed software legally, which is difficult because it's not possible to grant users all the freedoms they're entitled to and still comply with Apple's restrictive licensing terms."

482 comments

  1. Fat Chance by dward90 · · Score: 5, Insightful

    Apple will pull the app from the store LONG before they allow actual open software to slip through their stranglehold on content.

    --
    My other sig is clever.
    1. Re:Fat Chance by masmullin · · Score: 4, Funny

      The more they tighten their grip, the more open source software will slip through their fingers.

    2. Re:Fat Chance by WrongSizeGlass · · Score: 4, Insightful

      Very true. FSF should know better to say "Hey, you can't do that ... so why don't you start opening up your distribution practices rather than pull the app in question". They just fingered that app and it will be out in the cold before you can say "Oops!".

    3. Re:Fat Chance by Anonymous Coward · · Score: 2, Insightful

      That's the problem with FOSS. It seems to slip through most everybody's fingers.....

    4. Re:Fat Chance by Anonymous Coward · · Score: 0

      haha, joke's on them. They've already sold the app and are now bound by the terms of the GPL. They're kind of screwed; their only option now is to buy an exemption to the GPL or follow the GPL.

    5. Re:Fat Chance by WrongSizeGlass · · Score: 0, Flamebait

      haha, joke's on them. They've already sold the app and are now bound by the terms of the GPL. They're kind of screwed; their only option now is to buy an exemption to the GPL or follow the GPL.

      They were the "store" but not the "developer". I imagine the developer will need to provide the GPL compliance as Apple is just the reseller.

    6. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 4, Informative

      Apple will pull the app from the store LONG before they allow actual open software to slip through their stranglehold on content.

      My understanding is that to comply, Apple would just have to remove the clause that says if you create an app with their SDK you can't distribute that same version elsewhere, as that is what conflicts with the GPL. So all they'd have to do is add an exception for GPL apps and it would be of no real detriment to Apple. They probably will not, but they certainly could.

      You wouldn't know it from the summary, but mostly, this is an issue with some people taking a GPL app and violating the license and in the process authorizing Apple to redistribute and violate the license as well in the process. It's really no different from someone submitting a closed source app they don't have license to to Apple's app store.

    7. Re:Fat Chance by dward90 · · Score: 1, Troll

      It would ABSOLUTELY be preferable if Apple actually heeded this request. Slashdot wouldn't know what to do if Apple actually made a decision it agreed with. I simply find that prospect to be pretty unlikely.

      --
      My other sig is clever.
    8. Re:Fat Chance by bill_mcgonigle · · Score: 2, Interesting

      Apple will pull the app from the store LONG before they allow actual open software to slip through their stranglehold on content.

      If you think Apple is doing any of this on principle. Since they're implementing iPhone as the literal textbook example from The Innovator's Solution, they'd also be close to opening the iPhone since Android is about to walk past them (the book shows that staying proprietary until the product is commoditized leads to the maximum profits).

      The timing might not be quite right, but it's close.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    9. Re:Fat Chance by Anonymous Coward · · Score: 0, Flamebait

      This sort of “gotcha” crap is the reason I vastly prefer using BSD licensed software.

    10. Re:Fat Chance by Mike+Buddha · · Score: 4, Informative

      RTFL. The distributor is the one responsible for complying with the GPL. Or rather, the entity that conveys the binary is responsible, ie Apple.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    11. Re:Fat Chance by Anonymous Coward · · Score: 0

      From the article:

      Apple is free to distribute our software through the App Store if they wish, but they cannot take advantage of the license's permissions while turning a blind eye to the conditions. If they want to continue distributing this software, they must not prohibit others from doing so through the iTunes Store Terms of Service.

      Apple wouldn't want to continue distributing it. It's a complete non-story.

    12. Re:Fat Chance by TheRaven64 · · Score: 5, Insightful

      Well, not exactly. The GPL is a distribution license. Without it, you may not copy the work at all, as per copyright law. That means that everyone in an electronic distribution chain must comply with the GPL, because each one is making a copy. Apple is making a copy of a copyrighted work every time that someone downloads something from the store.

      There is almost certainly a clause in the developer agreement saying that you will indemnify Apple against legal costs caused by distributing your app, but this is where it gets interesting. If Apple has distributed something derived from GPL'd code, without complying with the terms of the GPL, then they are liable for copyright infringement (for profit, potential large statutory fine). They could then recoup this cost by suing the developer, but I imagine that the developer probably can't afford the fine and that the amount of bad press it would generate for Apple in the developer community would make it not worth their while.

      --
      I am TheRaven on Soylent News
    13. Re:Fat Chance by kabloom · · Score: 4, Insightful

      This sorta gotcha is why GPL developers prefer the GPL.

    14. Re:Fat Chance by K.+S.+Kyosuke · · Score: 1

      The more they tighten their grip, the more the iPod shrinks!

      --
      Ezekiel 23:20
    15. Re:Fat Chance by hedwards · · Score: 1

      Nope. They'd also have to provide the source through the App store as well. Which I doubt very much that they'd be willing to do, but that is a requirement of the GPL.

      Unless I'm missing something that's probably going to be more of an issue.

    16. Re:Fat Chance by sbeckstead · · Score: 1

      it would be of no real detriment to Apple.
      Except in the cases where the reason for the rule in the first place happen to apply of course.

    17. Re:Fat Chance by interval1066 · · Score: 4, Funny

      Bertrand Serlet: "Steve, we've analyzed their attack, and there is a weakness. Shall I have your shuttle and our crack legal team standing by?" Steve Jobs: "Evacuate? In our moment of triumph? I think you overestimate their chances."

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    18. Re:Fat Chance by Thundersnatch · · Score: 4, Insightful

      They could provide the source code by any means they wished. Why would they have to provide it "through the App store"? Read the license.

    19. Re:Fat Chance by bondsbw · · Score: 2, Interesting

      If Apple has distributed something derived from GPL'd code, without complying with the terms of the GPL, then they are liable for copyright infringement

      Keep in mind that anyone may opt out of the GPL, and in such case standard copyright laws apply. But only the copyright owners (those listed in AUTHORS) have legal standing to sue over copyright infringement. I doubt Apple would want to go down that route, because it opens them up to being sued, and they probably won't sue in return.

      So let's say they opt-in to the GPL. Anyone who purchases the software can then require the source code of the derivative software from Apple, and Apple would then require it from the authors. And it would stop there, to my understanding... the GPL would not apply to anything like the App Store or the iPhone OS software, so it's really just a matter of Apple enforcing its rights in order to comply with ours.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    20. Re:Fat Chance by Anonymous Coward · · Score: 0

      Who is this innocent re-distributor? Apple?? FFS.

    21. Re:Fat Chance by Anonymous Coward · · Score: 0

      The most insightful quote on /. that I have read in a while.

    22. Re:Fat Chance by Lumpy · · Score: 0, Troll

      Several of the iPad frothing at the mouth haters would either have their heads explode, or they would take their own lives...

      Either way it would be a net positive for the world.

      --
      Do not look at laser with remaining good eye.
    23. Re:Fat Chance by Anonymous Coward · · Score: 0

      Well GPL just doesn't work for commercial use. The end user doesn't care about the source.
      If you do care, it's easy to find with google.

      The FSF should recognize this.

    24. Re:Fat Chance by Hatta · · Score: 2, Insightful

      the amount of bad press it would generate for Apple in the developer community would make it not worth their while.

      Why would that generate bad press? Apple was duped by an unscrupulous developer. A lawsuit is exactly what he deserves.

      --
      Give me Classic Slashdot or give me death!
    25. Re:Fat Chance by Anonymous Coward · · Score: 0

      The most insightful quote on /. that I have read in a while.

      Nope, it's the most ridiculous post we've seen on /. in a while (i.e. using "innocent redistributer" and Apple in the same sentence).

    26. Re:Fat Chance by f8l_0e · · Score: 1

      I hope the outcome is the same. Apple has been getting out of hand in the past three years with some of their policies. I wouldn't mind one bit if someone dropped a charge down their thermal exhaust port.

    27. Re:Fat Chance by Anonymous Coward · · Score: 0

      This says it all:

      bukkit:~ bunky$ curl -s  http://www.gnu.org/licenses/gpl-2.0.txt |wc -l
           339

      bukkit:~ bunky$ cat new_bsd_license.txt |wc -l
             8

    28. Re:Fat Chance by AvitarX · · Score: 1

      It didn't "infect" anything.

      There was no clean code "infected" I imagine.

      Apple will need to host the code, and make a note somewhere that it is available. Then they will be compliant.

      They will then probably actually check licenses vs just function i guess? not sure.

      Apple's infringement was for profit, but in their defense it was not willful, they were lied to by the developer, that very well could have committed a fraud by claiming to have rights they didn't have. I would think if Apple pulled the App immediately they would be pretty clear.

      If I fraudulently posted a closed source app as my own to iTunes, I would think it would have a similar infection.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    29. Re:Fat Chance by Anonymous Coward · · Score: 0

      Well, the person(s) who made the port obviously 'distributed' the binary to Apple, first, apparently without heeding the GPL (I doubt whether the sourcecode, or a written offer to provide it, was delivered to Apple). So Apple might not be /knowingly/ violating the GPL (at least, until they were notified by the FSF).

    30. Re:Fat Chance by Anonymous Coward · · Score: 0

      Actually, if you read the developer license (the one you have to agree to to distribute your app in the iTunes store, Apple (as the seller) is just acting as an agent for the developer. That's part of the whole point of the store's business model.

      If there's no offer for the source included in the app, or any accompanying documentation (the description in the store), then the developer is violating the GPL. Apple *could* also be on the hook, but it's far from certain.

    31. Re:Fat Chance by Svartalf · · Score: 4, Insightful

      Ah... The problem is...the store's just as obligated as the developer. They distributed it. The GPL is a derivative works and publication/distribution license on whatever is protected by it.

      By selling the app, they're in a pickle. Much like Verizon was with the Actiontec routers with BusyBox in them that was just as non-compliant.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    32. Re:Fat Chance by node+3 · · Score: 1, Interesting

      Apple will pull the app from the store LONG before they allow actual open software to slip through their stranglehold on content.

      There's plenty of open software and other open content for the iPhone/iPod touch/iPad.

      It's absurd to think they'll pull the app simply to prevent openness. If all they have to do is provide access to the source, that seems like an easy enough thing to do. They can just point to the author's source repository (what? you think everyone who passes on GPL software has to host the source themselves?). If they have to provide the DRM keys, or ship the app without DRM, they likely won't do it because it would significantly alter how the App Store works, which isn't a reasonable thing to expect them to do for a single GNU app.

      An interesting side note, the Android Marketplace is in a similar situation. Purchases from the Marketplace are also protected (poorly, which is an entirely other matter). So if Apple is required to allow redistribution of the binaries, Google will be facing the same issue (as will all other online app stores).

    33. Re:Fat Chance by Tetsujin · · Score: 3, Insightful

      This says it all:

      bukkit:~ bunky$ curl -s http://www.gnu.org/licenses/gpl-2.0.txt |wc -l
          339

      bukkit:~ bunky$ cat new_bsd_license.txt |wc -l
            8

      The consequences, I'm afraid, of writing a legal document, if you want it to accomplish anything at all.

      --
      Bow-ties are cool.
    34. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 1

      Nope. They'd also have to provide the source through the App store as well.

      Umm, no. They just have to respond to requests for the source, but they already do that for numerous other OSS projects they contribute to.

    35. Re:Fat Chance by Dishevel · · Score: 1

      Heads on /. do not explode. They asplode.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    36. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 1

      it would be of no real detriment to Apple.

      Except in the cases where the reason for the rule in the first place happen to apply of course.

      And what do you surmise that is?

    37. Re:Fat Chance by Theaetetus · · Score: 1

      If Apple has distributed something derived from GPL'd code, without complying with the terms of the GPL, then they are liable for copyright infringement (for profit, potential large statutory fine).

      Aside, not disparaging your main point - there is no distinction in 17 USC 504 in statutory damages between "for profit" and "not for profit" uses. Both are open to large statutory damages, which is why "but I wasn't selling the pirated music" wasn't a viable defense for Tenenbaum or Thomas-Rasset.

    38. Re:Fat Chance by Princeofcups · · Score: 1

      RTFL. The distributor is the one responsible for complying with the GPL. Or rather, the entity that conveys the binary is responsible, ie Apple.

      So if Best Buy sold you a disk with GPL breaking code, you can sue Best Buy for distribution? When Best Buy doesn't write the code, or even know what's in the code? I think not. This is why there's no law suit, because there's no grounds for one. Apple will simply pull the App and be done with it.

      --
      The only thing worse than a Democrat is a Republican.
    39. Re:Fat Chance by dfghjk · · Score: 1

      No, they have other options and they will certainly be choosing one contrary to what you've listed. Most likely they will pull the app and nothing will be done further. The FSF won't pick a fight with the moneybags at Apple over an app that's been withdrawn.

    40. Re:Fat Chance by Dragonslicer · · Score: 2, Insightful

      This sort of “gotcha” crap is the reason I vastly prefer using BSD licensed software.

      Regardless of whether you prefer the GPL or the BSD license, this is hardly a "gotcha." Selling GPL software without providing the source code is a pretty blatant violation of the exact purpose of the GPL, not some minor violation of an obscure clause.

    41. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 2, Informative

      If Apple has distributed something derived from GPL'd code, without complying with the terms of the GPL, then they are liable for copyright infringement (for profit, potential large statutory fine).

      Actually, you can't claim damages beyond what you can prove you lost as a result of copyright infringement unless you notify the offending party first and they do not stop the copying. Since Apple did, no large fines unless there are some weird new laws I haven't heard about.

    42. Re:Fat Chance by Anonymous Coward · · Score: 0

      And you're committing intellectual dishonesty by refusing to set aside prejudices for objective perception. Apple in this instance is no different from any other user-submitted content service, from Youtube, to Amazon, to eBay, to Sourceforge.

      Oh wait, I forgot... I am on Slashdot. Apple is a corporation, and capitalism is evil. Let's kill everyone in office and implement communism.

    43. Re:Fat Chance by norminator · · Score: 1

      It's funny how much that sounds like Steve Jobs' e-mail comments about the new iPhone announcements coming up in the face of Android.

    44. Re:Fat Chance by AvitarX · · Score: 1

      (what? you think everyone who passes on GPL software has to host the source themselves?).

      To be in compliance they better be (or at least giving it to those that ask). This of course is limited to those making copies of the software, for if you are simply passing on CDs/DVDs without making a copy, then you don't need to comply with GPL, as you do not need it to be in compliance with copyright law.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    45. Re:Fat Chance by Anonymous Coward · · Score: 1, Informative

      But only the copyright owners (those listed in AUTHORS) have legal standing to sue over copyright infringement.

      Who do you suppose owns the copyright on GNU Go? Hint: It's three letters:
      http://git.savannah.gnu.org/cgit/gnugo.git/tree/patterns/compress_fuseki.c

    46. Re:Fat Chance by norminator · · Score: 1

      It looks like they have...Google gave me this link, but when you try to open it in iTunes it says it's not currently available in the US app store.

    47. Re:Fat Chance by node+3 · · Score: 1

      (what? you think everyone who passes on GPL software has to host the source themselves?).

      To be in compliance they better be (or at least giving it to those that ask). This of course is limited to those making copies of the software, for if you are simply passing on CDs/DVDs without making a copy, then you don't need to comply with GPL, as you do not need it to be in compliance with copyright law.

      Distribution most certainly does fall under copyright law. If I make a copy of a disc and pass it on, the license still applies.

      And no, I don't have to personally provide access to the source. I just have to point that person to the original source if asked. If not, if I actually do have to provide, myself directly, the source, then the GPL is broken. I do not believe that is the FSF's intent.

      From the GPL itself, "For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights."

    48. Re:Fat Chance by transwarp · · Score: 2, Insightful

      Because Youtube and eBay review everything users post before making it available to viewers or buyers....

    49. Re:Fat Chance by Anonymous Coward · · Score: 0

      If I fraudulently posted a closed source app as my own to iTunes, I would think it would have a similar infection.

      The 'infection' is the distributer being forced to comply with the ridiculous terms of the fraudulently uploaded application license, or face infringement charges. A proprietary application with no additional terms would only cause infringement damages.

      Sure, it's optional, but it exists nonetheless, a testament to the absurdity of copyright law. GPL in a sense is worse than closed source, in that it relies on the absurdity of our moronic legal system. BSD's answer? Fuck copyright, do what you want; it doesn't presume to force change, but sets an example.

    50. Re:Fat Chance by DragonWriter · · Score: 1

      Apple will pull the app from the store LONG before they allow actual open software to slip through their stranglehold on content.

      Pulling the app from the store stops further infringement, but doesn't address the illegal distribution that has already occurred; the only way they can deal with that is either an agreed deal with the FSF or a resolution through the courts.

    51. Re:Fat Chance by Grishnakh · · Score: 1

      "Setting an example" doesn't work with the legal system. If you don't force a change somehow, there never will be change, because people with vested interests will make sure that no change happens.

    52. Re:Fat Chance by MoHaG · · Score: 1

      To stop selling pirated movies does not free you from liability for copies you sold previously...

    53. Re:Fat Chance by Anonymous Coward · · Score: 0

      You think Apple critically reviewed 200,000 applications? Are they supposed to trawl through the source code? Apple doesn't have source code, they have binaries.

      Incidentally, Chapter 5 says nothing about review or time to submission, so this is irrelevant. 17 USC 512(a)(1) "Limitations on liability relating to material online"

      A service provider shall not be liable for monetary relief ... if ...
      (1) the transmission of the material was initiated by or at the direction of a person other than the service provider;

      I won't even mention the automated review processes Youtube and eBay employ on submitted content.

    54. Re:Fat Chance by ghbpiper · · Score: 1

      That's the problem with FOSS. It seems to slip through most everybody's fingers.....

      It's not a problem. It's a feature to keep it available to everyone.

    55. Re:Fat Chance by PitaBred · · Score: 3, Informative

      Really? Seems a lot of people that I've switched to Open Office are VERY happy that they don't have to pay $300 for an office suite to type up reports, especially since the interface is more familiar to them than the Office 2003 and later interfaces.

    56. Re:Fat Chance by coolgeek · · Score: 1

      Apple will pull the app from the store LONG before they allow actual open software to slip through their stranglehold on content.

      Oh bullshit. This can be easily solved with a link in the program. I don't know what all the fucking ceremony is about.

      --

      cat /dev/null >sig
    57. Re:Fat Chance by Imagix · · Score: 1

      And then Apple will probably turn around and point the incoming lawyers at the agreement with the developer which probably states something along the lines that the developer will defend, indemnify and hold harmless Apple over patents/copyrights/and any other licensing issue that may arise over the app. All that would happen is that the developer will get hammered, not Apple.

    58. Re:Fat Chance by Imagix · · Score: 1

      And how much bad press would come down on the GPL that due to the enforcement of the GPL, the hapless developer gets hammered?

    59. Re:Fat Chance by Graff · · Score: 2, Insightful

      Apple would just have to remove the clause that says if you create an app with their SDK you can't distribute that same version elsewhere

      I don't see this clause anywhere in the developer agreement. It does say that you can't redistribute the SDK and that you can't distribute the application once you have contracted with Apple to distribute the application but nothing is ever said of the source code itself. It seems to me that you could freely distribute the source code under the developer agreement, you just couldn't distribute the binaries other than on Apple's App store.

      I believe the problem with section 6 of the GPL v2 is that once you get the app you should be able to copy, distribute, or modify it. This is prohibited under the App store, each download is code signed to only work for one account. Thus it is a prohibition on the user, not the developer.

    60. Re:Fat Chance by Requiem18th · · Score: 0, Offtopic

      Insightful? This is -1 Troll, you are insulting all of Slashdot, History and Reality.

      * Slashdot: because you are calling them a bunch of unobjective Apple haters.
      * History: because Slashdot has a history of praising Apple whenever it gets something right, in fact most people on Slashdot liked the iPhone until the Tarkin Grip became so obvious.
      * Reality: because at this point, suggesting that Slashdot is a single unified hive mind should automatically mod you down.

      --
      But... the future refused to change.
    61. Re:Fat Chance by GasparGMSwordsman · · Score: 1

      When you purchase a disc at Best Buy you are not agreeing to limit your use of that disc. When you purchase something at the iTunes store you "sign" an agreement restricting you from doing many things. That is the issue. The GPL requires that you give permissions and NOT restrict the user (well, only restrict them in ways detailed by the GPL).

      If Best Buy made you sign a contract stating that you would not do XYZ to the software on the disc, they would be in violation of the GPL as well.

      Obligatory GPLv2 link:

      http://www.gnu.org/licenses/old-licenses/gpl-2.0.html

      From the license:

      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

      As for what restrictions. RTFA. Half the article is just listing the restrictions. Yes I know, I expect you to actually be informed and read things, I'll apologize latter.

    62. Re:Fat Chance by Anonymous Coward · · Score: 0

      You're wrong.

      Change is made from within the government, that is, within the judiciary. Using the system against itself has historically never worked, and will only serve to reinforce it. GPL is basically a proving ground for future egregious copyright abuses.

      I would rather no open source software exist at all, than to live in a country where the likes of the GPL are considered lawful.

      I see those who employ the GPL (fully aware of its implications) to be similar in spirit to the Christian notion of legitimacy: willfully indoctrinating non-believers. GPL advocates recognize the evils of the license, but believe it to be the lesser of two evils.

      Problem is, the world isn't black and white, and the decisions are not limited to PROPRIETARY|GPL.

    63. Re:Fat Chance by Krelnor · · Score: 1

      Apple already HAS pulled the app, assuming that the product in question was Gnu Go "by" Robota Softwarehouse.

    64. Re:Fat Chance by travisco_nabisco · · Score: 1

      The average user only needs to pay, at most $150, for the Student/Home Edition of Office which can be installed on three computers in the same household.

      I do respect Open Office and have used it at certain times in my life, but for school reports, Open Office did not have the TOC, TOF, page numbering, section break, formatting options that worked well enough for those reports.

    65. Re:Fat Chance by DannyO152 · · Score: 1

      Maybe so, but Apple is likely to pull it from those who downloaded it and take it out of the App store and send a letter to the FSF describing the infringement as inadvertent and fingering the person who submitted it and did not tell the truth when describing the app's licensing.

      If a paid app, all the moneys collected will be turned over to the FSF or the copyright holder (whichever is easier) and Apple's 30% cut will be reimbursed from the submitters' other app incomes, if any. If none, then maybe Apple will sue the submitter, and I expect that they will be banned for life from the App store no matter what. A suit for damages will only occur if the legal costs wouldn't swallow up the claim.

      Now, if it turned out that the submitter did this as a trap, i.e., knew the licensing was GPL, put it in so Apple would distribute it, dropped the dime to the FSF, then that makes it interesting. There's a concept called misuse of copyright. I'm not a lawyer, so I don't know if it would apply.

      There will be a big stink and noise (it will be very similar to what happened with Amazon and "1984," when Amazon learned that it had been misled about its rights to distribute that work), but really, if the FSF wanted to sue for infringement, where's the harm after those remediation steps are taken? Only those people who jailbroke their Apple devices will still be the beneficiary of the infringement and Apple cannot be faulted for infringing uses when the device has had its copyright enforcement mechanisms disabled. Apple will have done all it could in order to put the situation back as it should have been, which is the app should not have been in the App store and should not be on Apple devices via Apple's distribution.

    66. Re:Fat Chance by complacence · · Score: 1

      if Best Buy sold you [X], you can sue Best Buy for distribution? When Best Buy doesn't [make it], or even know what's in [it]?

      As a matter of fact, yes, that's how I think it should be. They're distributing it. There's a somewhat blurry line between this and "Well, you could say we sold you that strychnine food supplement but we didn't make it, and made damn sure never to ask what's in it."

    67. Re:Fat Chance by Anonymous Coward · · Score: 1, Funny

      The GPL (like any license) can not restrict anybody not knowing a work is under the license - thus the GPL is null and void. Thanks for pointing out that little flaw.

    68. Re:Fat Chance by DMalic · · Score: 2, Informative

      I can't distribute a popular (or even an unpopular) major movie and claim I don't know someone held the copyright to it. Ignorance of copyright law is not an excuse.

    69. Re:Fat Chance by DMalic · · Score: 1

      What? Untrue. This would wreck prosecution of filesharing. You can't sue for statutory penalties unless the copyright is registered, that's all.

    70. Re:Fat Chance by zuperduperman · · Score: 1

      I think Apple would definitely be on the hook once they are notified by the FSF. It's essentially the same as the DMCA takedown situation in a different context - if they know of the violation, assist in it taking place and fail to act and especially profit (either directly or indirectly) from it then they are "inducing" the copyright infringement.

    71. Re:Fat Chance by Anonymous Coward · · Score: 0

      What if their are a couple of songs included with the app? Then could we sue apple for more money than in on the planet?

    72. Re:Fat Chance by Mitsoid · · Score: 1

      GPL or not...
            I would think it *very* difficult for the FSF to uphold GPL violation on the grounds of 'binary distributor' at least to the extent that apple pays any fine/penalty.

            Unless the developer submitted to Apple the GPL Agreement, and apple signed off on or ignored the GPL and put it up anyway, I'm sure lawyers will get Apple off the hook...

            If the developer striped GPL license information, or did not provide it to apple -- then how can Apple be held responsible for a GPL violation when they never agreed to it (except by proxy) -- and I'm sure something in their T&C protects them from developers imposing a 3rd parties contract on apple itself.

    73. Re:Fat Chance by GasparGMSwordsman · · Score: 1

      That would be true if this is just a contract. It is NOT true for a license. A license is a grant of rights from one part to another in which the receiver does not have to explicitly agree to it its terms to be bound by them.

      For more information look into copyright law regarding books. There is a wealth of information regarding that industry and licensing.

    74. Re:Fat Chance by ProfessorKaos64 · · Score: 0

      You do realize you replied to a joke, make sure you hit the right reply button next time there skip :)

    75. Re:Fat Chance by AvitarX · · Score: 1

      Distribution most certainly does fall under copyright law. If I make a copy of a disc and pass it on, the license still applies.

      But if I make make a copy of software and give it to you, you can distribute it however you want, as long as I give it to you legally. Retailers of boxed copies are not beholden to any license that hinges on copyright, which would include the GPL. I know the GPL claims that retail sales count as conveying when reading their license (based on the words used), but if you are not copying it then you do not need to worry about it. Just as I can resell a used game or book, without any interference from the rights holder.

      Also, section 6 of the GPL appears to be pretty clear. There are 3 instances I read where one does not need to be prepared to distribute the source themself:

      1)section 6 e deals with P2P distribution, and if source is readily available, then you don't need to worry yourself about it, just include .nfo with a link

      2) 6 c deals with receiving a physical copy with no source, but a written offer (note only for a physical copy), and then distributing your copy non-commercially, the original offer can be passed along instead.

      3) 6 d deals with allowing a third party to distribute the source, but only if it is in the same place and location (linked from the same webpage appears to count) as the original

      6d perhaps works for that situation, but the fact that the example is all about network servers makes is difficult, I would take it as you would need to offer the corresponding source on a CD that you have, and be turned down. The fact that it recipient makes the copy confuses things IMO.

      in V2, the written offer was more transferable in 3 c (still non-commercial, but not limited to physical media reception only).

      One of the right you must show them is regarding receiving the copy from you.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    76. Re:Fat Chance by AvitarX · · Score: 1

      So your saying that the infringer being given a zero cost option aside from infringement charges is worse than having no zero cost recourse?

      It sounds to me like the GPL is offering a cure to the infection of illegally copying something, and is really more like antibiotics.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    77. Re:Fat Chance by hedwards · · Score: 1

      Don't you mean or are the RIAA? I don't recall them doing so to claim statutory damages for copyright infringement.

    78. Re:Fat Chance by HermMunster · · Score: 3, Informative

      Though you can buy that for $150 (for the home and student edition) you can't use it for commercial or business purposes. That means it is intended to be used for writing letters and doing school papers. Any use of it for commercial purposes violates the license. Since the license is so restrictive why not just use the free program that supports international standards?

      Your inability or unwillingness to learn to use Open Office aside, no pragmatic reasons exist for not using it for everything, even that which you state can't be achieved.

      --
      You can lead a man with reason but you can't make him think.
    79. Re:Fat Chance by HermMunster · · Score: 1

      Writing something in the license doesn't bind FOSS. Any interested party could easily still sue Apple, even if the license attempted to immunize Apple.

      --
      You can lead a man with reason but you can't make him think.
    80. Re:Fat Chance by HermMunster · · Score: 1

      You can still sue Apple even if they remove it from the store as distribution has already taken place. Removal just minimizes liability it doesn't immunize against it. Even though Apple's developer agreement states something that doesn't make it legal, and thus if the developer chooses they can still sue Apple.

      --
      You can lead a man with reason but you can't make him think.
    81. Re:Fat Chance by victorhooi · · Score: 1

      heya,

      The quote is "there is a danger".

      (Sorry, I couldn't let that slide...haha...cue http://xkcd.com/386/...still, damn good reference *grins*).

      Cheers,
      Victor

    82. Re:Fat Chance by ckaminski · · Score: 1

      Another AC pissed off that he can't take GPLed code and put it into his proprietary application. Boo hoo.

      GPL evil. Bah! GPL is arguably the best thing to happen to software development since the invention of the compiler.

    83. Re:Fat Chance by sbeckstead · · Score: 1

      Irrelevant.

    84. Re:Fat Chance by icebraining · · Score: 1

      Change is made from within the government, that is, within the judiciary. Using the system against itself has historically never worked, and will only serve to reinforce it. GPL is basically a proving ground for future egregious copyright abuses.

      One of the greatest abusers of control is Apple. Where did they get the base for their OS, including the iPhone's? Oh, that's right, BSD.

      Besides, how is GPL more abusive than proprietary, which existed before? I can't distribute copies of proprietary software *at all*. In fact, some proprietary software even has *usage licenses*.

      I would rather no proprietary software exist at all, than to live in a country where a license that prohibits me from copying and studying it is considered lawful.

      I see those who employ the GPL (fully aware of its implications) to be similar in spirit to the Christian notion of legitimacy: willfully indoctrinating non-believers. GPL advocates recognize the evils of the license, but believe it to be the lesser of two evils.

      Not everyone who uses the GPL is out to force it on others - many simply don't want to contribute their code to proprietary software.

    85. Re:Fat Chance by F'Nok · · Score: 1

      If this were the case, people could grab a new movie, slap a CC license on the front of it, then give it to someone else to host on the web, or a torrent.

      But the movie said it was CC and okay to share!

      Sorry, doesn't work that way. :(

    86. Re:Fat Chance by cynyr · · Score: 1

      unscrupulous developer? looks like software wasn't reviewed throughly. Even in that case, apple is still on the hook for the sources.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    87. Re:Fat Chance by Anonymous Coward · · Score: 0

      They must either distribute it by a widely accepted software distribution medium, or they must distribute a letter with the software, with an offer of source code for no more than the cost of distribution for a period of no less than three years.

    88. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 1

      What? Untrue

      No, it i quite true.

      This would wreck prosecution of filesharing.

      For some reason not understandable to normal people the law was changed with regard to only phonorecording in 1988 (17-4-402 of the legal code) to make a copyright notice on a physical CD mean that people who download a file off the internet and who may have never even seen the CD let alone notice, have been notified and do not qualify as "innocent infringers". For all other types of copyrights, normal innocent infringer status still exists.

      You can't sue for statutory penalties unless the copyright is registered, that's all.

      While having a copyright registered does effect statutory damages it does not preclude other punitive damages.

    89. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 1

      Don't you mean or are the RIAA?

      Pretty much, the law was amended in 1988 to not apply to phonorecordings.

    90. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 1

      It seems to me that you could freely distribute the source code under the developer agreement, you just couldn't distribute the binaries other than on Apple's App store.

      That is what makes this incompatible with the GPL. You cannot legally restrict distribution of the binary and still be covered.

      This is prohibited under the App store, each download is code signed to only work for one account. Thus it is a prohibition on the user, not the developer.

      Actually that is fine. They are not required to give you the keys to make it useful or even help you get it off of your iPhone and onto something else. What they can't do is tell the developer or anyone else they can't distribute the binary elsewhere.

    91. Re:Fat Chance by Anonymous Coward · · Score: 0

      I don't believe I have ever, as in once, read a GPLed codebase that was not of utter crap quality. (Some do undoubtedly exist of course.) So no, this doesn't apply. And everything I create is in public domain or licensed BSD.

      Boost is probably the most influential library ever written. And it has no terms. If it had been released into GPL, its status today as a semi-standardized C++ library would not be in effect.

    92. Re:Fat Chance by fast+turtle · · Score: 1

      Though you can buy that for $150 (for the home and student edition) you can't use it for commercial or business purposes.

      Wrong. Doctorine of First Sale Applies in all cases where Home and Teacher Edition is sold. Simply put, because it's sold at retail without restriction, means I can use it anyway I want. I just don't have any business support options and yes I'm a small business owner who uses the Home & Teacher edition on 3 office machines

      --
      Mod me up/Mod me down: I wont frown as I've no crown
    93. Re:Fat Chance by complacence · · Score: 1

      Why don't you, before replying, double-check your understanding of the thread next time. To recap:

      1 [anti-Apple, pro-GPL]: Apple will pull the app from the store LONG before they allow actual open software to slip through their stranglehold on content.

      2 [redundantly anti-Apple, pro-GPL]: Very true. FSF should know better to say "Hey, you can't do that ... so why don't you start opening up your distribution practices rather than pull the app in question". They just fingered that app and it will be out in the cold before you can say "Oops!".

      3 [anti-Apple, pro-GPL]: haha, joke's on them. They've already sold the app and are now bound by the terms of the GPL. They're kind of screwed; their only option now is to buy an exemption to the GPL or follow the GPL.

      4 [anti-GPL]: This sort of “gotcha” crap is the reason I vastly prefer using BSD licensed software.

      5 [neutral tone, presumably pro-GPL]: This sorta gotcha is why GPL developers prefer the GPL.

      6 [provocatively anti-GPL, pro-Apple]: Because they are selfish pricks who don't care if an innocent redistributer is caught in the legal cross-fire? Because all that's important is teh c0des!!, amiright? I hope it goes to court and a judge finds the GPL non-enforceable.

      People who say the GPL infects nothing has only to look at this example. Turns out corporate paranoia was completely justified.

      7 [redundantly anti-GPL]: The most insightful quote on /. that I have read in a while.

      8 [pro-GPL, anti-Apple]: Nope, it's the most ridiculous post we've seen on /. in a while (i.e. using "innocent redistributer" and Apple in the same sentence).

      9 [defending Apple, comparing it to Youtube, Amazon, eBay, and Sourceforge]: And you're committing intellectual dishonesty by refusing to set aside prejudices for objective perception. Apple in this instance is no different from any other user-submitted content service, from Youtube, to Amazon, to eBay, to Sourceforge.

      Oh wait, I forgot... I am on Slashdot. Apple is a corporation, and capitalism is evil. Let's kill everyone in office and implement communism.

      You [ironic, lost]: Because Youtube and eBay review everything users post before making it available to viewers or buyers....

    94. Re:Fat Chance by qubezz · · Score: 4, Insightful

      This sorta gotcha is why GPL developers prefer the GPL.

      It is also why Apple developers prefer the BSD license - they can charge for a cut-and-paste of something that is free/free.

      It is ironic how Berkeley students and faculty are now paying Apple to use code their institution gave to the world for free - and only because they made it too free.

    95. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 1

      Irrelevant.

      You brought it up, or were you just planning on making an insinuation with nothing behind it?

    96. Re:Fat Chance by Anonymous Coward · · Score: 0

      You're wrong. Change is made from within the government

      Quoted for hilarity.

    97. Re:Fat Chance by BKX · · Score: 2, Informative

      I don't think you're right about that in this case. I love the doctrine of first sale, but this isn't covered. To buy the academic edition (student, teacher, whatever it's called nowadays) you have to certify that you're a student and agree to a non-transferable license for non-commercial use only. Or at least you did when I bought it.

    98. Re:Fat Chance by DMalic · · Score: 1

      Are you sure? The wording of 401(d) visual works and 402(d) audio works regarding the notice is the same; the defendant must merely have "had access to" the work (as shown in Maverick v Harper, where the district court decided that this was fulfilled by publishing a notice with the work). Obviously, Maverick v Harper related to an audio work but I cannot see a functional difference between 401 and 402 regarding innocent infringement. The case: http://jgehrke.typepad.com/files/maverick-recording-co.-v.-harper.pdf See (d), innocent infringement defense 401 and 402: http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000401----000-.html

    99. Re:Fat Chance by Kalriath · · Score: 1

      Your inability or unwillingness to learn to use Open Office aside, no pragmatic reasons exist for not using it for everything, even that which you state can't be achieved.

      That is not for you to decide. The person choosing whether to use it or not chooses whether there is a pragmatic reason not to use it. And don't go assuming that everyone's requirements are the same - they aren't.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    100. Re:Fat Chance by Kalriath · · Score: 1

      You are wrong again good sir. The license allows Apple to pass on the entire costs of defending the case, including damages, to whoever submitted the application to the app store. It's a nasty clause that exists in 99.9999999999 recurring percent of developer agreements.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    101. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 1

      Are you sure? The wording of 401(d) visual works and 402(d) audio works regarding the notice is the same; the defendant must merely have "had access to" the work...

      The problem is with the harper case, on appeal it was ruled that if a CD existed somewhere which the defendant could have "sought out and looked at" she should be aware it was copyrighted. Court rulings with regard to visual copies have ruled just the opposite, in cases where the copyright notice was covered or cropped.

    102. Re:Fat Chance by donny77 · · Score: 1

      "Apple will need to host the code, and make a note somewhere that it is available. Then they will be compliant."

      Actually no. The FSF is not complaining about the source. They are complaining about right to re-distribute. Apple can distribute the app, but must allow those that download the app to distribute it further. Since you can not transfer an app between phones/iTunes accounts, and by the iTunes EULA, Apple is preventing the re-distribution rights which violates the GPL and negates their right to distribute. Source code would not help, and I doubt Apple would mind releasing the source at all.

    103. Re:Fat Chance by travisco_nabisco · · Score: 0, Offtopic

      I will admit that the last time I tried Open Office was 4 years ago. Since then it may have improved on what I found lacking. However since then I have purchased my own copy of Office 2007 and now have no motivation to move back, now that I have a paid for license.

    104. Re:Fat Chance by Thinboy00 · · Score: 1

      Wouldn't it be cheaper to either learn LaTeX, or use this thing called LyX?

      --
      $ make available
    105. Re:Fat Chance by FrangoAssado · · Score: 2, Informative

      Hey, great idea, I wonder how nobody thought of that before!

      Except they have. Section 5 of the GPL v2 explicitly notes that, besides the license, "nothing else grants you permission to modify or distribute the Program".

      If the GPL is null and void, Apple can't legally distribute the program.

    106. Re:Fat Chance by cupantae · · Score: 2, Insightful

      Open Office did not have the TOC, TOF, page numbering, section break, formatting options that worked well enough for those reports.

      I have no idea what TOF is, but Open Office has perfectly good options for all of the other things. I refuse to believe that it wasn't up to scratch. Rather, I think that you have developed habits with MSO which you refuse to break or recognise.

      --
      --
    107. Re:Fat Chance by Brownian+Motion · · Score: 1

      YouTube does this every day.

    108. Re:Fat Chance by Anonymous Coward · · Score: 0

      One of the greatest abusers of control is Apple. Where did they get the base for their OS, including the iPhone's? Oh, that's right, BSD.

      I don't understand this. Apple itself may not be likable. But measured purely on penetration value, this means that BSD has succeeded.

      If you detest the notion of copyright, then you abandon all notion of control over how the code you write is used.

      Besides, how is GPL more abusive than proprietary, which existed before? I can't distribute copies of proprietary software *at all*. In fact, some proprietary software even has *usage licenses*.

      Proprietary is default state of copyright law. You cannot distribute without permission from author. GPL is essentially merely adding additional terms.

      Measured by permissiveness, GPL of course wins - it's free. Measured by copyright law abuse, GPL has no equal... except for some few closed products with their own complex abusive licenses, as you point out.

      I would rather no proprietary software exist at all, than to live in a country where a license that prohibits me from copying and studying it is considered lawful.

      I also concur with this. Does that mean I wish no software existed then? :)

      Not everyone who uses the GPL is out to force it on others - many simply don't want to contribute their code to proprietary software.

      But this is the end result, whether it is intentioned by the author or not.

      GPL is like a force of positive feedback: The more adopt it the greater its influence, the greater its influence the more adopt it. It coerces those with no notion of or even a dislike of the GPL to adopt it, because the choice is (A) invent own, or (B) adopt GPL. The GPL becomes increasingly unavoidable due to its very nature.

      GPL isn't an opponent only to closed source, it also opposes the more permissive licenses. BSD/MIT is an unfortunate victim, bloodied and crying somewhere off in the middle.

    109. Re:Fat Chance by oiron · · Score: 1

      Where'd you find a BSD license with just 8 lines? Without the warranty, it comes to 12 lines, and with the warranty, it comes to about 30...

      wc -w would provide a slightly better estimate: 222 for BSD and 2968 for GPL-2.

      Which is quite beside the point: The GPL has more conditions than BSD, and that's by design. You don't claim that say, the Linux kernel is worse than a Hello World program because it has a bazillion more lines, or that "Happy Birthday" is better than Bach's Tocatta and Fugue in D Minor because it has fewer notes...

    110. Re:Fat Chance by DMalic · · Score: 1

      Youtube is relying on the safe harbor protection. Intuition says that's not going to be applicable in this situation :-)

    111. Re:Fat Chance by node+3 · · Score: 1

      But if I make make a copy of software and give it to you, you can distribute it however you want, as long as I give it to you legally.

      In making the original copy, you agreed to the license, which places obligations upon you when you later distribute it, even if distribution does not involve copying.

      Retailers of boxed copies are not beholden to any license that hinges on copyright, which would include the GPL.

      That's not what's happening here, though. If you sell boxed Linux discs, for example, you never copied anything, and you never agreed to any license. If you instead download and make copies of Linux to resell (or give away), you have agreed to the GPL, and the copies you've sold (or given away) bind you to the GPL.

      However, you are not required to include the source code, to host the source code, or offer the source code on physical media. All you have to do is point to the source repository from where you got the distro initially (or to where they got it from, etc., up to the original source). If, however, you modify the distro, you may have to, at the very least, provide (physically, online, or on the discs themselves) the diffs from your changes.

      6d perhaps works for that situation, but the fact that the example is all about network servers makes is difficult, I would take it as you would need to offer the corresponding source on a CD that you have, and be turned down.

      Care to point out why you think 6 d might not apply? Apps are hosted on Apple's servers, and it says they can point to a third-party's server as long as you clearly point to it. This pointer can be on the app's App Store page with the other links.

      The real concern with the GPL on the App Store (and this applies to the Android Marketplace as well) is whether the DRM itself violates the GPL by not allowing the downloaded binaries to be transferred or modified. I suspect it does.

      I also don't see that Apple must provide a physical copy of the source. Only 6 a appears to require physical media, and that is just an optional variation on 6 b. 6 a is you can offer the source on the disc (or hard drive, or whatever) and you have no further obligation. 6 d is you can offer the binaries without source, but have to offer either physical media (at a reasonable price) or offer free downloading of the source.

    112. Re:Fat Chance by totally+bogus+dude · · Score: 1

      Yes... I think that's reasonable. The wronged party sues Best Buy (who committed the infringement), who then sues their supplier -- presumably they have a contract in place which makes their supplier liable if the goods they're providing Best Buy can't be legally sold by Best Buy. That might go back a few levels as well, if the supplier is themselves a middleman.

      Presumably in an actual situation, lawyers for the wronged party would talk to the lawyers for Best Buy, who would show them the relevant parts of the contract which absolve Best Buy from any liability, and the wronged party's lawyers would move on to sue the original supplier directly (possibly with Best Buy's assistance). But IANAL and it may be the case that BB would settle the claims directly with the wronged party, and then go after their suppliers separately.

      The reason there's no lawsuit is because it's not the most productive thing for the FSF to do. You aren't obliged to immediately file suit against everyone who violates your copyright, it's just an option you have. They see their best strategy here is to try to come to some kind of agreement that can see Free Software being distributed through one of the world's most popular distribution services. Definitely seems a smarter play than to immediately get out the stick. After all, the best the FSF could hope for from a lawsuit would be having the software pulled, maybe receiving money in damages (questionable), and Apple being extra-special-careful to never allow anything that was derived from GPL to enter their store again.

      That's likely to be the end game here; the FSF probably has more to gain by having the GPL legitimatised by Apple than Apple has to gain from having GPL'd software on iTunes. But it certainly makes sense for the FSF to try first.

    113. Re:Fat Chance by sumdumass · · Score: 0

      Why not? Even though apple relies on heavy handed protections and control with their app store, they are basically hosting at the direction of third parties. And these are third parties who claimed to have a right to distribute the software under Apple's restrictions to boot.

    114. Re:Fat Chance by hairyfeet · · Score: 1

      You're thinking of the academic edition, he is talking about the student/teacher version, which is sold in Walmart right next to the crossword programs and the latest Norton crapware. since he is buying it at retail, where the only thing anyone asks him for is money, I don't see how they could stick him with the EULA after the sale has been completed. Not unless part of the EULA states you get a full 100% refund if you refuse the terms, and I don't see Walmart going for that.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    115. Re:Fat Chance by Anonymous Coward · · Score: 0

      Apple will pull the app from the store LONG before they allow actual open software to slip through their stranglehold on content

      Nonsense. There's plenty of fully open source software on the App store. Apple's only restriction on open source software is a clause in the developer agreement that says if you put open source software on the store, you must comply with the requirements of the open source license.

      All this means is that if you want to develop open source software and distribute it through the App store, you need to use software that is under one of the fully free open source licenses, such as BSD or Apache.

    116. Re:Fat Chance by DMalic · · Score: 1

      The safe harbor provision seems to be extremely shaky (or the youtube-viacom case wouldn't be in doubt). I'm not a lawyer, but with the amount of control Apple exercises on their store..

    117. Re:Fat Chance by arose · · Score: 1

      GPL in a sense is worse than closed source, in that it relies on the absurdity of our moronic legal system.

      Non-sense. The GPL can't do anything to you that copyright can't. You can opt to refuse the license and deal with a plain old copyright violation. Proprietary software (including second generation BSD licensed software) is likely to add additional EULA terms.

      BSD's answer? Fuck copyright, do what you want; it doesn't presume to force change, but sets an example.

      Thats a lie, BSD is several steps above 'do what you want'.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    118. Re:Fat Chance by harlows_monkeys · · Score: 1

      When you purchase a disc at Best Buy you are not agreeing to limit your use of that disc. When you purchase something at the iTunes store you "sign" an agreement restricting you from doing many things. That is the issue. The GPL requires that you give permissions and NOT restrict the user (well, only restrict them in ways detailed by the GPL).

      If Best Buy made you sign a contract stating that you would not do XYZ to the software on the disc, they would be in violation of the GPL as well.

      Your Best Buy analysis is flawed, because you failed to consider the effects of the first sale doctrine.

      Assuming Best Buy is not copying the discs, but rather is just receiving discs from a distributor and selling them as-is, this distribution falls under the first sale doctrine, and so Best Buy does not need permission of the copyright holder.

      Since they don't need permission for this distribution, the terms under which GPL allows redistribution are completely irrelevant to Best Buy, and they can impose any contractual limits on the sale that they wish.

      First sale does not apply to online distribution, because the online distributor is not just passing through copies received from an upstream, but is itself making copies for distribution, and hence needs permission from the copyright owner.

    119. Re:Fat Chance by harlows_monkeys · · Score: 1

      Oh bullshit. This can be easily solved with a link in the program. I don't know what all the fucking ceremony is about

      How can a link solve the problem? Maybe you should actually RTFA, and then you'd know what all the "fucking ceremony" is about. (Hint: it has nothing whatsoever to do with the availability of source code).

    120. Re:Fat Chance by Chandon+Seldon · · Score: 1

      It allows Apple to *attempt* to get the developer to re-reimburse the cost, but any judgment against Apple is still a judgment against Apple.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    121. Re:Fat Chance by Richard_at_work · · Score: 2, Insightful

      It is ironic how Berkeley students and faculty are now paying Apple to use code their institution gave to the world for free - and only because they made it too free.

      Its not 'ironic' at all, and its certainly not 'too free' - Berkley students can get 'their' code from thousands of other sources, but what they cannot get is the value-add package that the Apple distribution provides. They havent lost anything, 'their' code is still available to them (and even Apple will supply it - you can download the Darwin sources).

    122. Re:Fat Chance by Anonymous Coward · · Score: 0

      and that the amount of bad press it would generate for Apple in the developer community would make it not worth their while.

      Haha, that's a good one!

    123. Re:Fat Chance by Richard_at_work · · Score: 0, Troll

      It certainly is a gotcha when a third parties mis-use can leave you, the shop or independent distributor, in the shit. I wonder how long it would take to find Sourceforge in violation of the GPL under this interpretation.

    124. Re:Fat Chance by dpastern · · Score: 1

      Yes, but that still leaves them open for legal action for the period that they violated the licence. Worse, once informed, Apple should have complied and has failed. That won't bare well in a court of law.

      Dave

      --
      Our lives begin to end the day we become silent about things that matter. --Martin Luther King Jr.
    125. Re:Fat Chance by Anonymous Coward · · Score: 0

      They lost whatever changes was made to the code. including those that make it possible to run it on a non-jailbroken iPhone (GnuGo being a Gnu program, it is highly likely to be under the GPLv3, in case you're one of those that think there really is a loop-hole in the GPLv2 (which, afaik, has not been tested in court)).

      The monetary value of the changes? The price of hiring a developer to write the same changes would be a pretty good way of converting the lost code to a monetary value.

      And those that makes the program able to run on a non-jailbroken iPhone? Well, I guess Apple giving everyone who ever bought/downloaded or got a copy of the program a developer license / environment for iPhone development would work.

    126. Re:Fat Chance by Anonymous Coward · · Score: 0

      I am a gpl developer, have lead two major projects under gpl license.

      This is the reason I *hate* gpl and avoid it wherever possibe. Sometimes i've been forced to rewrite huge chunks of code because I need it under MIT.

    127. Re:Fat Chance by Anonymous Coward · · Score: 0

      Purchasing from Walmart will cover ownership of the physical media.
      If you want to actually install and use the software (a process which doesn't involve Walmart), you will have to agree to the EULA. Even if you don't agree to it, you can still be the proud owner of the physical media, and a license to use that software (subject to the EULA).
      AFAICT, the only part of EULAs which may conflict with the first-sale doctrine would be "non-transferrable" clauses. And even they wouldn't void the entire agreement.

      Or did I miss the court case which decided that software licenses (EULAs) were unenforcable in their entirety?

    128. Re:Fat Chance by PeterBrett · · Score: 1

      This is prohibited under the App store, each download is code signed to only work for one account. Thus it is a prohibition on the user, not the developer.

      Actually that is fine. They are not required to give you the keys to make it useful or even help you get it off of your iPhone and onto something else. What they can't do is tell the developer or anyone else they can't distribute the binary elsewhere.

      Incorrect if the code in question is GPLv3. From the GPLv3:

      A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.

      “Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

      If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

      IANAL, but I believe that the iPhone and iPad meet the above definition of "User Product", and Apple would therefore be obligated to supply the Installation Information (i.e. signing keys to install the software to the phone).

    129. Re:Fat Chance by geminidomino · · Score: 1

      Intelligence and logic might suggest that, but the case law on the subject says that EULAs are valid because of stupid shit like "loading software into memory"(primary storage) is making a "copy".

    130. Re:Fat Chance by goose-incarnated · · Score: 1

      Open Office did not have the TOC, TOF, page numbering, section break, formatting options that worked well enough for those reports.

      I have no idea what TOF is, but Open Office has perfectly good options for all of the other things. I refuse to believe that it wasn't up to scratch. Rather, I think that you have developed habits with MSO which you refuse to break or recognise.

      Table of figures

      --
      I'm a minority race. Save your vitriol for white people.
    131. Re:Fat Chance by PeterBrett · · Score: 1

      You're thinking of the academic edition, he is talking about the student/teacher version, which is sold in Walmart right next to the crossword programs and the latest Norton crapware. since he is buying it at retail, where the only thing anyone asks him for is money, I don't see how they could stick him with the EULA after the sale has been completed. Not unless part of the EULA states you get a full 100% refund if you refuse the terms, and I don't see Walmart going for that.

      The reverse of the Microsoft Office Student/Teacher Edition box says:

      You must accept the enclosed License Agreement before you can use this product. ... If you do not accept the terms of the License Agreement, you should promptly return the product for a refund.

      Seems pretty clear to me. I don't see how Walmart could weasel out of giving a refund.

    132. Re:Fat Chance by icebraining · · Score: 1

      I don't understand this. Apple itself may not be likable. But measured purely on penetration value, this means that BSD has succeeded.

      Market penetration is not what I care for, or else I'd be using Windows. I care for Free software as opposed to closed source, and BSD has helped immensely the closed source producers.

      If you detest the notion of copyright, then you abandon all notion of control over how the code you write is used.

      I don't care about copyright, I care about having software freedom. Having copyright abolished and living in a world with software as only binaries isn't any better.

      Proprietary is default state of copyright law. You cannot distribute without permission from author. GPL is essentially merely adding additional terms.

      "Proprietary" is a wrong word, I apologize. I mean software that doesn't give me the "four freedoms".

      But this is the end result, whether it is intentioned by the author or not.
      GPL is like a force of positive feedback: The more adopt it the greater its influence, the greater its influence the more adopt it. It coerces those with no notion of or even a dislike of the GPL to adopt it, because the choice is (A) invent own, or (B) adopt GPL. The GPL becomes increasingly unavoidable due to its very nature.

      Only because people use GPL licensed code even when they don't agree with the license. Everyone says "if you don't like DRM, vote with your wallet". Yet if it's GPL, somehow people are forced to use it. No, they're not, just leave GPL licensed code alone.

      GPL isn't an opponent only to closed source, it also opposes the more permissive licenses. BSD/MIT is an unfortunate victim, bloodied and crying somewhere off in the middle.

      Why? The only right GPL takes from you if you link your BSD code to it is the "right to give the right to distribute it as closed source". If you dislike closed source software, what's the problem? And if you don't, you shouldn't use GPL licensed code with your software.

    133. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 1

      They lost whatever changes was made to the code.

      But that's not damage from the infringement. Generally the method used for copyright infringement is to try to calculate lost sales. In the case of free software in the past, this has been zero in more than one case, with punitive damages being awarded only.

    134. Re:Fat Chance by 99BottlesOfBeerInMyF · · Score: 2, Informative

      That's a good point. I was assuming it was a GPLv2 program but a little research shows it is GPLv3, at least right now.

    135. Re:Fat Chance by jabbathewocket · · Score: 1

      Your deluded there buddy.. you should go read the gpl, you cannot "bundle" or "merge" gpl'd code into code that you do not own and taint that code .. the liability such as it is in this case, is entirely with the developer who tried to pull a fast one.
      The distributor in this case is the developer, not the retailer.. Bestbuy and walmart are not responsible for Linksys, sony, and every other electronic gizmo vendor who ships infringing devices.. nor is apple
      If anything Apple is the only party harmed by this developers actions (he attempted to taint the iphone libraries by bundling them with gpl'd code)
      The "entity responsible for conveying the binary" in this case as in all cases is always the first party, not the site that hosts the code/binary, but then again, free beer brand open source zealots never seem to understand the licenses

    136. Re:Fat Chance by Sir_Lewk · · Score: 1

      Tell that to the BSA. I'm sure they will hear things your way.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    137. Re:Fat Chance by jabbathewocket · · Score: 1

      Your misssing the fact that "apple" is not the author of the code, and is in NO WAY responsible even if they where to allow GPL licensed apps in the store, the responsibility for source would rest entirely with the author/owner of the code (the app developers not apple.

    138. Re:Fat Chance by Sir_Lewk · · Score: 1

      This. I'm a diehard FOSS type, won't touch windows on my personal machines and as such don't have MS Office. I am however a student, so word processing is something I have to do somewhat regularly. I started out trying to use OOo but it is seriously just a miserable piece of shit, I don't understand how anyone can bare to use it. Abiword was far superior for basic tasks, but these days I do everything with latex. After the initial curve it's actually far easier, looks much nicer, and is significantly faster.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    139. Re:Fat Chance by Sir_Lewk · · Score: 1

      You should do one of these for every slashdot article. Just brilliant.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    140. Re:Fat Chance by Sir_Lewk · · Score: 1

      New in 3.8 (since 3.6)

      - many small improvements and tuning since 3.6
      - experimental Monte Carlo mode (9x9 only)
      - support for tiny boards
      - GPL v3

      You are correct.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    141. Re:Fat Chance by dhasenan · · Score: 1

      That would actually work, if a judge or jury thinks that the people hosting the video would reasonably believe the video is actually CC licensed.

    142. Re:Fat Chance by drinkypoo · · Score: 1

      The reason wasn't altruism, either. Microsoft did it to settle a court-case (along with granting Apple access to a broad base of MS patents) because they were about to be taken to the cleaners by Apple. MS also had to promise to keep developing MS Office for 5 years. Back when Office was important to Apple, that was a big deal.

      They're not in a pickle. The GPL offers discontinuance of distribution as a remedy. In GPLv2 it was the sole remedy, I don't recall if this is true in v3.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    143. Re:Fat Chance by travisco_nabisco · · Score: 1

      LaTeX was something I wasn't introduced to until too late in my educational career for me to take the time to switch. I do wish that I had learned of it earlier because it does look like a very nice piece of software. Though even if I were to switch now, my wife, yes I have one, would still insist on Office. Some battles aren't worth the fight.

    144. Re:Fat Chance by russotto · · Score: 1

      Apple will need to host the code, and make a note somewhere that it is available. Then they will be compliant.

      Apple can't do that. The developer still has the copyright on the parts of the code he didn't copy from Gnu Go. So they'd be violating the developer's copyright if they did that.

    145. Re:Fat Chance by corser · · Score: 1

      Wouldn't they deny your return if you open the packaging because, *gasp* you might have copied it.

    146. Re:Fat Chance by Graff · · Score: 1

      The linked article (from the Free Software Foundation itself) specifically says the violation is a GPL v2 section 6 violation. Maybe they made a mistake but I'm just going on their information. Yeah, if it is GPL v3 you are required to open up a lot more stuff like the signing keys.

      Anyways, it's all kinda moot. The Apple Developer Agreement specifically says that an author isn't supposed to submit anything that violates the GPL or any other license. The simple solution is to remove the app and be done with it.

    147. Re:Fat Chance by quinto2000 · · Score: 1

      Congress passed a law, the Communications Decency Act, which protected "service providers" from liability for distribution of information published on their forums by others. This covers Youtube, but not someone like Apple who is essentially a software reseller.

      --
      Ceci n'est pas un post
    148. Re:Fat Chance by MikeBabcock · · Score: 1

      It also handles paragraph and other formatting options much more cleanly once you grasp its styles system, and seems to handle very large documents better than any version of Word I've used.

      Unfortunately it doesn't seem to have excellent mail merge options yet, but I may not have fully grasped what they're doing there.

      --
      - Michael T. Babcock (Yes, I blog)
    149. Re:Fat Chance by MikeBabcock · · Score: 1

      The first part of your statement is very true. Copyright limits what people can do with the software. The distribution is illegal because Copyright prohibits it. The GPL permits the distribution with limits, if you don't want to abide the GPL, you're a Copyright violator and the DMCA applies.

      --
      - Michael T. Babcock (Yes, I blog)
    150. Re:Fat Chance by MikeBabcock · · Score: 1

      Their code is, but without breaking Apple's rules or ponying up for a dev phone, they can't run their own code on their own phones can they?

      That's pretty funny really.

      --
      - Michael T. Babcock (Yes, I blog)
    151. Re:Fat Chance by MikeBabcock · · Score: 1

      As Copyright holder, nobody has a right to your code.

      If you want to borrow other peoples' code without restrictions on usage, pay them a licensing fee.

      That's why Copyright transfer agreements exist for large projects like say Zope.

      --
      - Michael T. Babcock (Yes, I blog)
    152. Re:Fat Chance by MikeBabcock · · Score: 1

      What previous Apple products have been opened after commoditization? None that I know of.

      I doubt Apple will start now.

      --
      - Michael T. Babcock (Yes, I blog)
    153. Re:Fat Chance by PeterBrett · · Score: 1

      From my reading of the iPhone developer license agreement, the Apple Store EULA and the GPL, it's literally impossible to legally publish Free software applications for the iPhone or iPad. The requirements are impossible to reconcile.

      And for a change, the problems aren't to do with distributing source code.

      The situation is extremely unfortunate, and I hope that Apple relent and open up their platform sometime soon. As it is, I'm still very glad that I bought an n900 instead of an iPhone.

    154. Re:Fat Chance by HermMunster · · Score: 1

      The home/student edition is what it says on the package and IT CANNOT BE USED FOR COMMERCIAL PURPOSES.

      The doctrine of first sale doesn't apply to the restrictions on the license. You can't buy it, abide by the restrictions, then resell it to someone so they can violate the license. Even if that were true it doesn't change the fact for 99.99% of the people buying the product. They aren't going to resell it. Hence they are limited in use. Not only that all versions of Microsoft Office have to be activated.

      You can't use the home/student edition of Office for any commercial or business use according to the license. It even says on the title bar of every window that it is for non commercial use only.

      --
      You can lead a man with reason but you can't make him think.
    155. Re:Fat Chance by HermMunster · · Score: 1

      A license or agreement with the developer doesn't immunize Apple from any and all lawsuits, period.

      --
      You can lead a man with reason but you can't make him think.
    156. Re:Fat Chance by HermMunster · · Score: 1

      You misunderstand, they can sue, even if you wish, and hope and pray it isn't true.

      --
      You can lead a man with reason but you can't make him think.
    157. Re:Fat Chance by quickbrownfox · · Score: 1

      ProCD v Zeidenberg, 86 F3d 1447 (7th Cir 1996), look it up.

      --
      Repo man's always intense.
    158. Re:Fat Chance by sbeckstead · · Score: 1

      The actual real reason is irrelevant. The statement was that it would be of no real detriment to Apple, but unless you stipulate (and I don't) that it was a useless codification in the first place that can't be true. Hence the real reason is irrelevant in refuting the statement in question.

    159. Re:Fat Chance by Anonymous Coward · · Score: 1

      To be fair, Office doesn't have those features working well enough either. Page numbering and TOC generation seem to be semi-random operations that often work but in the long run will always let you down.

    160. Re:Fat Chance by sbeckstead · · Score: 1

      Incidentally I did not insinuate anything, I made a statement of fact.

    161. Re:Fat Chance by bingoUV · · Score: 1

      If you feel LaTeX is superior, let her use Office and you use LaTeX. Or would she insist that you use Office for your work?

      Though, I have nothing against Office and if it works for your work and your marital life, great.

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
    162. Re:Fat Chance by bingoUV · · Score: 1

      So all they'd have to do is add an exception for GPL apps and it would be of no real detriment to Apple.

      This wouldn't be enough. Suppose someone creates another license, say GPL1 with the exact same text as GPL. Such a license would have to be excluded too.

      Then, someone creates another license, say GPL2, which is as different from GPL as possible except that this requirement is common between GPL and GPL2. Such a license would also have to be excluded. So it boils down to exclude all licenses which clash with App store policy "you can't distribute that same version elsewhere". But that would make this clause in the App store policy tooth-less because anyone who wants to violate it will easily release it under a license which clashes with App store policy "you can't distribute that same version elsewhere".

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
    163. Re:Fat Chance by tepples · · Score: 1

      The consequences, I'm afraid, of writing a legal document, if you want it to accomplish anything at all.

      Not necessarily. The Sleepycat License is a lot like the new BSD license, except with a copyleft provision like the GPL's.

    164. Re:Fat Chance by hairyfeet · · Score: 1

      Already know that case, not the same. In that case the guy was selling the data on a "free for non commercial use" CD on a commercial website, in this case we are talking about someone getting a retail product where they can NOT see the EULA beforehand, popping it in the PC and if they decide the EULA is too nasty, they will be refused a refund by Walmart thanks to the "no open boxes" rule.

      So in this the consumer can either A- Use the product for which he had originally desired it, or B- consider it a $100+ donation to MSFT. As far as I know nobody has taken one of these B&M software retailers to court over the no open box rule, so it would be interesting to see how a court would rule.

      It is all academic anyway, since he can get MS Office 2K3 Pro for a whole $90, which is cheaper than the crappy student and teacher version anyway. I personally paid a whole $50 for my Office 2K Pro at a bankruptcy and it works beautifully on W7 X64, so it isn't like he'd have any reason to upgrade to the latest and greatest, especially since MSFT offers a free compatibility pack which lets older versions open and save in the newer formats.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    165. Re:Fat Chance by quickbrownfox · · Score: 1

      Already know that case, not the same. In that case the guy was selling the data on a "free for non commercial use" CD on a commercial website, in this case we are talking about someone getting a retail product where they can NOT see the EULA beforehand, popping it in the PC and if they decide the EULA is too nasty, they will be refused a refund by Walmart thanks to the "no open boxes" rule.

      I think you might be misremembering the facts of the case. From the opinion:

      Zeidenberg’s position therefore must be that the printed terms on the outside of a box are the parties’ contract—except for printed terms that refer to or incorporate other terms. But why would Wisconsin fetter the parties’ choice in this way? Vendors can put the entire terms of a contract on the outside of a box only by using microscopic type, removing other information that buyers might find more useful (such as what the software does, and on which computers it works), or both. The "Read Me" file included with most software, describing system requirements and potential incompatibilities, may be equivalent to ten pages of type; warranties and license restrictions take still more space. Notice on the outside, terms on the inside, and a right to return the software for a refund if the terms are unacceptable (a right that the license expressly extends), may be a means of doing business valuable to buyers and sellers alike.

      . . .

      ProCD proposed a contract that a buyer would accept by using the software after having an opportunity to read the license at leisure. This Zeidenberg did. He had no choice, because the software splashed the license on the screen and would not let him proceed without indicating acceptance.

      . . .

      A buyer accepts goods under sec. 2-606(1)(b) [of the Uniform Commercial Code] when, after an opportunity to inspect, he fails to make an effective rejection under sec. 2-602(1). ProCD extended an opportunity to reject if a buyer should find the license terms unsatisfactory; Zeidenberg inspected the package, tried out the software, learned of the license, and did not reject the goods.

      --
      Repo man's always intense.
    166. Re:Fat Chance by Anonymous Coward · · Score: 1, Insightful

      Your inability or unwillingness to learn to use Open Office aside, no pragmatic reasons exist for not using it for everything, even that which you state can't be achieved.

      You apparently have never done any consulting.

      I routinely see RFPs which basically say that the format of any delivered documents is required to be in a specified Office format. Any exception will be summarily rejected and won't go any further in the process.

      For many of us, either because it's a corporate standard, or mandated by people who pay the bills, Open Office simply isn't a viable alternative. That's about as pragmatic as you can get.

      You're overstating your case because you can't imagine a scenario where you'd be wrong. The reality is, in the corporate world, going on about Open Office isn't going to get you anywhere other than blank stares and not winning business.

      Open Office is nice and all, but sometimes people like you who are loudly advocating it, live and work in a bubble that the rest of us don't have the same luxury.

    167. Re:Fat Chance by quickbrownfox · · Score: 1

      Of course, when ProCD was decided it wasn't easy to return the CDs while retaining a copy of the database—a condition which the opinion seems to require. But, as far as I know, this is still good law.

      And I don't think it matters that you can't return the software to Wal-Mart, by the way. You can look at the retail purchase as an option contract: to acquire the option, the buyer assumes the cost of returning the software to the manufacturer if he isn't satisfied with the license terms.

      --
      Repo man's always intense.
    168. Re:Fat Chance by bill_mcgonigle · · Score: 1

      What previous Apple products have been opened after commoditization? None that I know of.

      iPhone is the first product developed since the book came out, and also the first completely-closed Apple product.

      But you could point to iTunes dropping DRM and Darwin if you wanted prior examples.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    169. Re:Fat Chance by anyGould · · Score: 1

      Ah... The problem is...the store's just as obligated as the developer. They distributed it. The GPL is a derivative works and publication/distribution license on whatever is protected by it.

      By selling the app, they're in a pickle. Much like Verizon was with the Actiontec routers with BusyBox in them that was just as non-compliant.

      The whole situation seems a bit.. contrived, somehow. It's interesting that the FSF makes no mention of the developer that submitted the software (knowing full well that GPL and AppStore don't mix). It makes me wonder if perhaps someone did this on purpose to make a stink.

      For comparison - if I take GPL'ed writing, stick it in a book with my copyright notice on it, and convince Barnes & Noble to sell it, do the headlines say "Barnes & Noble in violation of GPL"?

    170. Re:Fat Chance by acheron12 · · Score: 1

      This 1 line post is better than your 5 line post.

      --
      there is no god but truth, and reality is its prophet
    171. Re:Fat Chance by acheron12 · · Score: 1

      To be fair, they did add tons of their own code on top of it. Just like you can add code to a BSD project and relicense your fork under GPL. (It's hilariously ironic when BSD fanbois complain about the latter though.)

      Both licenses have their place.

      --
      there is no god but truth, and reality is its prophet
    172. Re:Fat Chance by Anonymous Coward · · Score: 0

      It is ironic how Berkeley students and faculty are now paying Apple to use code their institution gave to the world for free - and only because they made it too free.

      It is ironic because the Berkeley students are competing with Apple? No? Then explain the irony. Now explain "too free".

      If I give you something, you add value to it and sell it.. that is not irony, and "too free" is your opinion.

    173. Re:Fat Chance by Tetsujin · · Score: 1

      The consequences, I'm afraid, of writing a legal document, if you want it to accomplish anything at all.

      Not necessarily. The Sleepycat License is a lot like the new BSD license, except with a copyleft provision like the GPL's.

      Right. The Sleepycat license does a fine job of conveying its intent. But the effect of a legal document isn't a function of its intent but rather by precisely what its text contains. Sleepycat doesn't define things like "The DB software" or what it means to "use" "The DB Software", what means of distributing the source code are acceptable, what constitutes "reasonable conditions" which may be imposed upon the software's distribution, etc.

      A lot of time and effort has gone into making sure that the GPL not only conveys its intent, but does so in a way that can make the conditions of the license carry legal weight.

      --
      Bow-ties are cool.
    174. Re:Fat Chance by hairyfeet · · Score: 1

      But will they accept it? See this is the problem I have with these kinds of bullshit catch 22 rules. Let us say I buy a game, I am WELL under the system requirements, yet when I launch the game it promptly crashes. In this case I have a defective product, no different than a CD player that is in pieces or a TV with a busted screen, but suddenly because it is made of ones and zeroes I'm just fucked?

      This is why I think the entire system needs to be shitcanned and a new way found, because the current way is nothing but a screwjob on consumers. Software gets ALL the protection of a physical object, yet none of the liabilities. They can just put in the EULA "this software isn't fit for any purpose" and if the garbage doesn't work AT ALL you basically have NO recourse short of going through the courts.

      I can return a busted washer, or get a functional replacement for a bad TV, but anything to do with computer software is just like paying $50 for a plate at a cafeteria and not having any recourse if they decide to give you garbage instead of steak. Tell me, where is the justice in that? Where is the protection for the consumer from bullshit EULAs and defective software? It shouldn't cost me MORE money just to try to recover my losses, and in any other case it doesn't. Why should software get special privileges other products don't get?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    175. Re:Fat Chance by JThundley · · Score: 1

      Don't cat the file and pipe it to wc, you can just run wc directly on the text file.

    176. Re:Fat Chance by akaLefty · · Score: 1

      Oh, yeah. LaTeX is _just_ the tool your average college student needs for running off a three-page essay. Come on, really?

    177. Re:Fat Chance by akaLefty · · Score: 1

      No, only the copyright holder can sue Apple, because only the copyright holder (the FSF) has the standing to do so.

      Since Apple has really done nothing, in the eyes of the law, except take a developer's word that the program was salable, the appropriate remedy would have been for the FSF to provide a DMCA infringement notice to Apple advising them that it infringed the FSF's copyright. Apple, after all, never agreed to observe the GPL with respect to this program, and the FSF can't hold them to doing so based on a third party's actions. All of this "enforcement action" stuff is simply a publicity stunt on the FSF's part.

      In fact, if the FSF did sue Apple, I think it's pretty likely that the first question the judge would ask, once he had the facts of the matter would be, "Well, did you provide Apple with a DMCA infringement notification?"

      When the FSF stated that they had not, I expect the judge's next question might be, "Why are you wasting the court's time with this frivolous lawsuit, when you could have settled this matter with a simple email and in less time than it's taken me to read your briefs?" followed closely by "Can you give me a good reason why I shouldn't hold you in contempt of court?"

      The FSF certainly couldn't recover any money here, only spend it: the program was provided at no cost, and Apple never made a dime off it, nor did the FSF lose any income because of sales through the App Store.

    178. Re:Fat Chance by akaLefty · · Score: 1

      I doubt it. Apple, I would think, enjoys "safe harbor" privileges under the DMCA regarding the apps in the iTunes App Store, so they can't be held responsible for infringements there as long as they observe the rest of the obligations of the act, e.g. to appropriately handle infringement notifications, remove allegedly infringing material promptly in the absence of a counter-notification, etc.

      And even if they did sue, and win, the best result they could come away with (assuming for a moment that the FSF wasn't held in contempt for wasting the court's time with a frivolous lawsuit) would be a court order to have the app removed from the store. Apple made no income from GNUgo, and the FSF lost no income as a result of this infringement, so there's no damage done to them.

      All the FSF accomplished was to guarantee that GPL-licensed software will be banned from the App Store.

    179. Re:Fat Chance by akaLefty · · Score: 1

      That the FSF claims that Apple is a "distributor" means nothing. Apple never signed a contract with the FSF to observe the GPL, and no court would hold them to doing so in this case. Apple isn't responsible for the production of this product: Robota Softwarehouse is. Apple relied on Robota's statement—and Robota did make a contract, with Apple—that the product was marketable, and that Robota had the right to sell it through the App Store.

      So Robota misled Apple, and through their misinformation, got Apple to place an infringing work in the store. Apple did no wrong here. If anyone's responsible for the infringement, it's got to be Robota. After all, Apple's never even seen the source code for the app, since they don't ask developers to submit sources.

    180. Re:Fat Chance by akaLefty · · Score: 1
      Or, they could just remove the application and make the GPL an unacceptable license for future submissions. That's easier and cheaper for them.

      And what's Apple's motivation to "opt in" to the GPL? Richard Stallman having called Steve Jobs a "snake oil salesman"?

      Richard Stallman's having claimed for years that there was a "secret back door" in OS X whereby Apple messed with your system without your knowledge or consent? Stallman repeated this fairy tale right up to the point where he suddenly did a complete about face, offering a full retraction, and apologizing (pretty half-heartedly) to Apple for having spread a defamatory rumor with no actual basis in fact. Funny thing, that.

      "Dr. Stallman? There's someone on the phone who says they're from Apple's Legal Department, and they insist on speaking to you immediately. They said that if you're not on the phone in ninety seconds, the next time they chat with you, you'll be in front of a judge as the defendant in a multimillion dollar civil suit for defamation and interference with their trade. They also said something about turning our building into the Boston Apple Store, and giving every FSF employee a free iPod before they threw us all out into the street. I think you'd better talk to them."

    181. Re:Fat Chance by akaLefty · · Score: 1

      What's the GPL have to do with Apple? Did they sign a contract with the FSF agreeing to abide by the GPL?

    182. Re:Fat Chance by akaLefty · · Score: 1

      This is correct: all of the online stores are screwed, as I've shown in the article here Apple didn't pull the app to prevent openness: they pulled it to avoid the liability of having a copyright-infringing program (and Apple is not the infringer) in their store.

    183. Re:Fat Chance by akaLefty · · Score: 1

      If "copyright infringement is not theft", then what cause does the FSF have for complaint with Apple? Apple never agreed to observe the GPL (and no, distributing copies of a program they were told by the developer was salable is not a contract to observe the GPL).

    184. Re:Fat Chance by akaLefty · · Score: 1

      Pulling the app from the store stops further infringement, but doesn't address the illegal distribution that has already occurred; the only way they can deal with that is either an agreed deal with the FSF or a resolution through the courts.

      It's not "illegal", it's "infringing", first of all. Second, they'll simply pull the app remotely off any phone on which it's been installed. Problem solved.

    185. Re:Fat Chance by akaLefty · · Score: 1

      Bruce Sewell: "Well, the FSF is the copyright holder and it's under the GPL license, so they're 'asking' us to put the entire App Store in 'compliance' with their license."
      Steve Jobs: "You're kidding me. Are they nuts? Look, there can't be more than five applications on there using GPL code on there, can there?"
      Bertrand Serlet: "You wouldn't need my hands and yours to count them all, that looks like a good estimate..."
      Steve Jobs: "Are any of them any good?"
      Bertrand Serlet: "Hahahahahahahahahahahahahaha! No."
      Steve Jobs: "Well, what's the problem? They say their copyright is infringed, did they file a proper cease-and-desist?"
      Bruce Sewell: "No, they put up a web site claiming they were conducting an 'enforcement action' against us."
      Steve Jobs: "'Enforcement'? What the hell do they think they can 'enforce' against us?"
      Bruce Sewell: "Well, whatever they think, the only thing they can enforce is their copyright."
      Steve Jobs: "On some crappy free Go program? There are good Go programs for the iPhone. Okay, screw those bozos. Take the app down, and tell the developer that they misled us on its salability. If they don't like that, they can sue the FSF."
      Bruce Sewell: "Yeah, makes sense."
      Steve Jobs: "And look into changing the FOSS language in the Developer Agreement to specifically exclude the GPL as an acceptable 'FOSS license'. If you can get some kind of language in there making it clear that this is the FSF's choice, and not ours, that'd be great."
      Bruce Sewell: "Right."
      Steve Jobs: "And send Stallman an iPad, the big 3G one. Have 'Hey, Stallman! Where's your contract, hippie? Love, Steve Jobs' engraved on the back in letters, like, two inches high. And use the corporate font."
      ::general laughter::

    186. Re:Fat Chance by DragonWriter · · Score: 1

      It's not "illegal", it's "infringing", first of all.

      Infringing copyrights is illegal.

      You are probably confusing "illegal" with "criminal".

      Second, they'll simply pull the app remotely off any phone on which it's been installed. Problem solved.

      That, again, might limit the impact of the past infringement; it wouldn't make it so it didn't happen. Copyright law doesn't make it okay to infringe and distribute unauthorized copies so long as you go out and collect them all up once you get caught.

  2. what?! no way. by Dyinobal · · Score: 4, Funny

    What a software license breach and someone doesn't threaten with lawsuits and horse whippings?! what's this world coming to, it almost sounds like people are being reasonable.

    1. Re:what?! no way. by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      What a software license breach and someone doesn't threaten with lawsuits and horse whippings?!

      The FSF almost invariably tries to contact companies and take a non-litigious approach first. Their goal is to promote OSS and they can do that a lot better by contacting companies and convincing them to comply and contribute, rather than costing those companies cash out of pocket and making them scared of OSS in future.

    2. Re:what?! no way. by Anonymous Coward · · Score: 1, Funny

      that's the difference between Apple and FSF.

  3. Dumb Summary by Anonymous Coward · · Score: 2, Insightful

    It's an unusual enforcement action, though, because they don't want Apple to just make the app disappear, they want Apple to grant its users the full freedoms offered by the GPL.

    Wow, they want Apple to actually follow the license? Bizarre ... what an unusual request! I don't know who wrote the app but if Apple wants to license crap through its stores, it better do the footwork to make sure that it can license what it is licensing. If Apple can't get the source code to the users and Apple was the one who distributed and re-licensed that software then I'd encourage any user with the app to sue for their right to also have access to the source code. Seems like a pretty straight forward license violation to me.

    1. Re:Dumb Summary by sbeckstead · · Score: 1

      Wow, Apple expects their developers to actually follow the license terms they set forth for inclusion in their store? Bizarre... what an unusual request I don't know who wrote the app but it seems that they should have done more homework to make sure they could satisfy all the restrictions of the licenses governing the software they were trying to release. Id encourage any developer with an app to sue for their right to distribute code any way they desire without having to abide by silly licenses. Seems like a pretty straight forward misreading of all the rules to me.

    2. Re:Dumb Summary by node+3 · · Score: 0, Troll

      If Apple can't get the source code to the users and Apple was the one who distributed and re-licensed that software then I'd encourage any user with the app to sue for their right to also have access to the source code.

      Hey, I gave someone a Linux ISO once, does that mean I have to host (or otherwise make directly available from me) the source code for them if they ask me?

      As long as the author has the source code available somewhere (which he actually is required to make sure it is), Apple can just point to that.

    3. Re:Dumb Summary by jedidiah · · Score: 2, Insightful

      This is like the old MacOS version of multitasking: hope that developers play nice with each other.

      Ultimately, you can't trust it. If you are going to make up some bogus rules and an
      enforcement apparatus you should at least follow through with all of that and at
      least bother to do a decent job. This isn't the first problematic app to slip through
      Apple's fingers like this.

      By choosing to be platform tyrant, they get to take responsibility for all of this
      nonsense.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Dumb Summary by AvitarX · · Score: 1

      Did you make the copy? then technically yes, you do.

      This clause protects the code if a company goes out of business. If you purchased the copy or had it sent to you, and did not install it, then you are clear. The GPL gave you the right to do such, and therefore you are bound. I know they are trying real hard to not use up too much space, but I think Linux ISO's should have the source in a giant tar.gz on them, just to make distribution easier. Or at least have that option available as a DVD.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  4. Wrong People by gmhowell · · Score: 1, Interesting

    Isn't this like going after Wal-Mart if they sell a router from a company that uses GPL code in the firmware for that router company violating the GPL?

    Just an attempt for the FSF to get some PR. Ho-hum.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
    1. Re:Wrong People by Anonymous Coward · · Score: 1, Informative

      No, it's because of Apple's licensing restrictions.

    2. Re:Wrong People by Darkness404 · · Score: 3, Informative

      No, because Apple is the problem. If Wal-Mart didn't let the router company include a source CD with the router, you'd go after Wal-Mart along with the router company. The developers of this app I have little doubt want to comply with the GPL but Apple won't let them, a bit like Wal-Mart prohibiting the inclusion of source code.

      --
      Taxation is legalized theft, no more, no less.
    3. Re:Wrong People by Bill_the_Engineer · · Score: 2, Insightful

      No. It's because of the App writer's disregard of the GPL in light of said Apple's licensing restrictions.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    4. Re:Wrong People by PipsqueakOnAP133 · · Score: 5, Interesting

      O RLY?
      What's preventing the developers from posting source on their web site like the other GPL apps on the app store?

    5. Re:Wrong People by fuzzyfuzzyfungus · · Score: 1

      Only if the company that makes the router is releasing their source; but Wal-Mart is installing their own cryptographically tamper-resistant bootloader that prevents you from loading modified firmware on the router.

      That's the thing. Apple is the retailer; but they aren't just the retailer. They are also the ones imposing the restrictions that make the App GPL-violating.

    6. Re:Wrong People by Bill_the_Engineer · · Score: 0, Flamebait

      Wow. Your logic and reasoning is impressive. You must be new here.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    7. Re:Wrong People by jo_ham · · Score: 1

      So the app maker provides a link to their website (as many thousands of apps on the app store do to have forums/feedback/further info for the app in question) and on that website they have a big link that says "download source code".

      They can include all the GPL code they have used, and leave out any Apple code that is not allowed to be released. If it is impossible to separate it out like this, then it wasn't Apple's fault in the first place, it was the developers for using GPL code in a way that would not be allowed by the licence of the GPL itself - they'll just have to pull the app if this is so.

    8. Re:Wrong People by Darkness404 · · Score: 1, Insightful

      Such as?

      --
      Taxation is legalized theft, no more, no less.
    9. Re:Wrong People by DavidR1991 · · Score: 1

      What? Sorry but that is total bollocks.

      'Apple won't let them' is sod all to do with anything. It is the developer's responsibility to check for conflicting licences / areas where the licence cannot possible be used, not Apple's responsibility

      The only way this is 'Apple won't let them' is because the port is attached to proprietary Apple stuff (in terms of the full source) and the fact Apple's terms disallow modification (what do you want them to say? 'Huh, yeah, sure, durr... buy apps and modify them even if they're not GPL'ed... herp derp derr'. That is not Apple's problem. They didn't develop the application, they didn't breach the licence. The developer did by being completely brain-dead

    10. Re:Wrong People by squiggleslash · · Score: 3, Insightful

      Wouldn't actually matter. The author's not the one distributing the app, Apple is the distributor. Therefore Apple requires a distribution license. The GPs debates of angels on pinheads notwithstanding, Wal-mart's situation with the router is not something I can comment upon, beyond pointing out it's not an acceptable analogy. Apple is copying the product and distributing those copies. Morally, legally, and in every other way possible, Apple must abide by the license.

      --
      You are not alone. This is not normal. None of this is normal.
    11. Re:Wrong People by Rockoon · · Score: 1

      not Apple's responsibility

      If its not apples responsibility for what they host on their servers, then isnt it also not the pirate bays (or napster, or imesh, etc..) responsibility for what is hosted on theirs?

      --
      "His name was James Damore."
    12. Re:Wrong People by ushering05401 · · Score: 1

      Well at least we know their app review process does not include license review.

    13. Re:Wrong People by DavidR1991 · · Score: 1

      It is now their responsibility in general, yes (hence why the game has now gone) - but it's not their responsibility to go through every term of their licence and ensure it matches up with the licence of the code you've nabbed.

      Obviously should be (and is) the FSF's first port of call - but actually blaming Apple for the inability to enforce the entire licence... that just doesn't make sense. The developer used the licence and happily agreed to Apple's subsequent licensing (which includes "Confirming you hold copyright/ownership" clauses): It's their fault

    14. Re:Wrong People by SETIGuy · · Score: 1

      Who said this had anything to do with source availability? From TFA "Apple imposes numerous legal restrictions on use and distribution of GNU Go through the iTunes Store Terms of Service, which is forbidden by section 6 of GPLv2."

      I believe one problem is that iTunes prohibits redistribution of a downloaded app. I'm sure there are other restrictions that violate the GPL as well.

    15. Re:Wrong People by FrangoAssado · · Score: 1

      That is not Apple's problem. They didn't develop the application, they didn't breach the licence.

      The GPL is a distribution license, so it applies to the distributor too. Here is a relevant quote from section 0 of the GPL v2:

      Activities other than copying, distribution and modification are not covered by this License; they are outside its scope.

      Most of the following sections specify the terms under which you can modify and distribute the software.

      If Apple is distributing the software, they must comply with the license. (The developers may be in breach of the license also, but that does not mean Apple is not.)

    16. Re:Wrong People by SETIGuy · · Score: 1

      If someone provides you with bootleg DVDs that say "This is a pirated DVD" on the cover and you sell them from your store, you're going to get in trouble. You might even get into trouble if you can't even tell they are pirated.

      I would have assumed "checking the license" was one of the usual steps in approving an app.

    17. Re:Wrong People by HiThere · · Score: 1

      It's not either, it's BOTH.

      Yes, the developer had no right to license the code as he did. Neither did Apple.

      Don't know how this will work out, or even how it should. Did Apple know, or have reason to know, that the code was GPL licensed? And that the developer didn't own the right to re-license it? If so, then Apple should just stop distributing it and refund the money to anyone who asks, and then be off the hook. If not, then Apple should be required to release the source to anyone who asks.

      OTOH, "should" doesn't have much to do with how legal cases work out. And IANAL.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    18. Re:Wrong People by FuckingNickName · · Score: 2, Insightful

      If you take $99/year to distribute a product which is routinely governed by rules on re-distribution, force a convoluted review process, sell from your storefront, and take a 30% cut of what you're selling, it most certainly is your responsibility to check the origin. Otherwise you've just provided a get-out clause to all fences in history: "How was I supposed to know it was stolen!? He told me he found it washed up on the beach! Would jewelry ever be stolen?"

    19. Re:Wrong People by Anonymous Coward · · Score: 0

      You don't need an example. It's a method for providing the source and complying with the GPL that would work in theory.

      Do you contest that it is not actually practical to do so?

    20. Re:Wrong People by Anonymous Coward · · Score: 0

      If its not apples responsibility for what they host on their servers, then isnt it also not the pirate bays (or napster, or imesh, etc..) responsibility for what is hosted on theirs?

      TPB & co. are guilty because they take no steps to stop the occurring infringement. Youtube has thousands of illegally uploaded movies, and an unfathomable amount of illegally uploaded songs. But because Google attempts to comply with the requests of copyright holders, it is somewhat indemnified.

      See 17 USC 512(c).

      (c) Information Residing on Systems or Networks at Direction of Users.--

              (1) In general. -- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider -

              (A)
                      (i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

                      (ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

                      (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

              (B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

              (C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

      I doubt this section applies to Apple however.

    21. Re:Wrong People by Knuckles · · Score: 1

      O RLY?
      What's preventing the developers from posting source on their web site like the other GPL apps on the app store?

      Apple's restrictive licensing terms. Link stolen from TF blurb.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    22. Re:Wrong People by AvitarX · · Score: 1

      No, because Apple needs the GPL to be allowed to make the copies of someone elses copyrighted material.

      Though Walmart does distribute the software, they are not making copies, so they do not need the GPL to prevent them from being in violation of copyright law.

      Since they are not doing anything that triggers the privileges of the license (making copies) they are not required to have a give.

      Apple on the other-hand is copying copyrighted code, this makes them in violation of the law. The only way to not be in violation of the law is to comply with the license, or get a new license from the people whose work they are profiting from copying.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    23. Re:Wrong People by phantomcircuit · · Score: 1

      When you submit an app to Apple you agree not to sell it through any other channel.

    24. Re:Wrong People by PipsqueakOnAP133 · · Score: 2, Interesting

      What?

      Let's look at the situation in a little more detail instead of handwaving it away.

      Apple distributes something (a zip file) which includes an App licensed under the GPL written by an Author who provides said zip file to Apple to distribute.

      Walmart distributes something (a router) which includes an App (Linux kernel) licensed under the GPL produced by an company (Linksys) who provides said router to Apple to distribute.

      To me: A store sells an object licensed under the GPL produced by another party.

      So.... how's Walmart not an acceptable analogy?
      If you're going to tell me that Apple's going to need to provide me the GPL code from a third party, how do I request Newegg, Buy.com, Walmart, and Fry's Electronics to provide me the kernel source from a WRT54g?

    25. Re:Wrong People by PipsqueakOnAP133 · · Score: 1

      Okay, so I looked at the article and then the first PDF link (20100302_iphone_dev_agr.pdf). First off, 7.2 isn't even talking about restrictions. It's about ad-hoc.

      Oh, but check it out, they even have "FOSS" in the definitions list.

      And what happens if I search for it? The first thing I see says "3.3.16 If Your Application includes any FOSS, You agree to comply with all applicable FOSS licensing terms. You also agree not to use any FOSS in the development of Your Application in such a way that would cause the non-FOSS portions of the Apple Software to be subject to any FOSS licensing terms or obligations."

      Since I'm not lawyer, I'm just taking a guess here, but it sounds like: "If you're using FOSS in your code, don't forget to abide by that license too. And you're not allowed to relicense Apple's software to GPL."

    26. Re:Wrong People by voidptr · · Score: 0

      There are several apps in the app store where the user is redistributing the source outside the App store. JWZ has the iPhone and iPad ports included in xdaliclock for example: http://www.jwz.org/xdaliclock/

      --
      This .sig for unofficial government use only. Official use subject to $500 fine.
    27. Re:Wrong People by jedidiah · · Score: 1

      That's a great approach.

      Apple is just Walmart.

      It really puts their whole quality controlled walled garden into perspective.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    28. Re:Wrong People by Knuckles · · Score: 1

      Wow, do I really have to take you by the hand? So in the most recent version (http://www.eff.org/files/20100127_iphone_dev_agr.pdf, linked after "UPDATE") it's 7.3, not 7.2, and it reads:

      7.3 No Other Distribution Authorized Under this Agreement
      Except for the distribution of freely available Licensed Applications and the distribution of
      Applications for use on Registered Devices as set forth in Sections 7.1 and 7.2 above, no other
      distribution of programs or applications developed using the Apple Software is authorized or
      permitted hereunder. In the absence of a separate agreement with Apple, You agree not to
      distribute Your Application to third parties via other distribution methods or to enable or permit
      others to do so.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    29. Re:Wrong People by vux984 · · Score: 2, Interesting

      So.... how's Walmart not an acceptable analogy?

      Wal-Mart just re-sells copies that were sold to it. A copyright license simply doesn't apply and isn't even required. Wal-Mart didn't conduct any activity that is protected by copyright, and thus doesn't need to obtain with or comply with a license to conduct that activity.

      Meanwhile Apple actually makes and distributes copies of the zip file. This is an activity that is covered by copyright. They are prohibited from doing this without a licnese. So they need a license... which they have...the GPL. But they must abide by its terms.

    30. Re:Wrong People by joh · · Score: 1

      No, because Apple is the problem. If Wal-Mart didn't let the router company include a source CD with the router, you'd go after Wal-Mart along with the router company. The developers of this app I have little doubt want to comply with the GPL but Apple won't let them, a bit like Wal-Mart prohibiting the inclusion of source code.

      I don't get this. According to the GPL you can give away or sell a binary as you like as long as you give the buyer also access to the source code. So if the developer just points to the source at some website all would be fine, I think. Or what is wrong with this?

    31. Re:Wrong People by static0verdrive · · Score: 1

      Apple is the problem? Read this again.

      --
      ========
      77 77 77 2e 6d 65 6c 76 69 6e 73 2e 63 6f 6d
    32. Re:Wrong People by SETIGuy · · Score: 1

      Source isn't the problem. The GPL does not permit Apple to prevent users from redistributing a GPL binary that they downloaded from the iTunes store. Anyone who downloads GNU Go from the iTunes store needs to be able to give functioning copies to anyone they want through any distribution mechanism permitted by the GPL.

    33. Re:Wrong People by h4rr4r · · Score: 1

      Walmart is not making copies, Apple is. Copyright is about making copies.

    34. Re:Wrong People by fabs64 · · Score: 1

      It wouldn't work in theory, the developer is not apple, apple is the distributor, the distributor must provide access to the source they can't just say "yeah it's somewhere"

    35. Re:Wrong People by h4rr4r · · Score: 1

      Apple is the one making the copies not the developer. So apple would need to give out the source.

    36. Re:Wrong People by Rockoon · · Score: 1

      Whats this crap about fault?

      We are talking about responsibility, not fault.

      --
      "His name was James Damore."
    37. Re:Wrong People by Tacvek · · Score: 1

      Sure, one can distribute source, but the binaries may not be distributed outside the app store.

      The license term is:

      Except for the distribution of freely available Licensed Applications and the distribution of
      Applications for use on Registered Devices as set forth in Sections 7.1 and 7.2 above, no other
      distribution of programs or applications developed using the Apple Software is authorized or
      permitted hereunder. In the absence of a separate agreement with Apple, You agree not to
      distribute Your Application to third parties via other distribution methods or to enable or permit
      others to do so.

      That sounds scary, but posting source code is not distributing the application to third parties, nor does it enable anybody else to do so, as they cannot build the application without the iPhone SDK, which means they agreed to the same restriction, so they could only distribute via the App Store.

      The problem is that the resulting binaries are also covered by the GPL if the source is covered by the GPL. Unless the developer is the sole copyright holder of any GPL parts of the code base, when they try to distribute the binary to Apple, they are not able to give Apple the full set of rights, because of the agreement in place with Apple. Thus as a consequence of section 7 of the GPL, it is not permitted for the developer to distribute the application at all. (It is of course different if the developer is the sole copyright holder on the GPL'd portions, as they could give the binary's to Apple under any other license of their chosing).

      However, let us pretend for a moment that they worked out a deal with Apple such that they could grant Apple all the needed rights under the GPL. Apple would still be violating the GPL if they distributed it through the app store in the same fashion as all other app store apps because they don't distribute the source, and they place additional restrictions on the binary when they redistribute it, which is not permitted by Section 6 of the GPL.

      ---

      On the other hand, if you have an app under say the revised BSD license, there is no problem with distributing it in the app store, or making the code available on your site.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    38. Re:Wrong People by joh · · Score: 1

      Apple is the one making the copies not the developer. So apple would need to give out the source.

      Hmm. If someone sells binaries of GPL code via ebay, ebay has to supply the source and if the developer does it instead, ebay does not comply with the GPL?

    39. Re:Wrong People by Tacvek · · Score: 1

      Let us say I wanted to provide an iPad port of a version of GNU Emacs that was released under the GPL V2.

      The GPL v2 allows me to distribute a derivative of Emacs only if I can give the users all of the rights the GPL grants. That is Section 7 of the GPLv2 Now when you make an iPad application you basically agree that you will only distribute the application to Apple (who will redistribute it to end users), and that you will not distribute the app in other ways or enable or permit others to do so. Thus my agreement with Apple would not permit me to even permit Apple to distribute the app in other ways. But the GPL says that if I cannot permit the recipient (Apple) the right to distribute in all circumstanced otherwise permiteed by the GPL, then I cannot distribute my Emacs derivative at all. If I cannot distribute the app to Apple, then nobody besides me can ever run the App, kind of defeating the whole point.

      That whole thing has nothing to do source code. It is permissible for an iPhone developer to post the source code on their site, since that does not enable others to distribute the app outside the app store, since the only way to build the app is though the SDK, and if they use that they agree to distribute it only though the app store.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    40. Re:Wrong People by Chaos+Incarnate · · Score: 1

      "Check the license" of a developer-supplied binary? Unless the developer says somewhere that it's using an incompatible license Apple has no way of knowing...

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    41. Re:Wrong People by mjwx · · Score: 1

      Wouldn't actually matter. The author's not the one distributing the app, Apple is the distributor. Therefore Apple requires a distribution license. The GPs debates of angels on pinheads notwithstanding, Wal-mart's situation with the router is not something I can comment upon, beyond pointing out it's not an acceptable analogy. Apple is copying the product and distributing those copies. Morally, legally, and in every other way possible, Apple must abide by the license.

      Indeed, going back to the GP's walmart analogy, WalMart is not the distributor, they are the reseller (who bought off the distributor). So it would be the responsibility of the company initially selling the router which contains GPL code.

      GPL is a distribution license, the developers responsibility to inform the distributor about GPL code and obligations. For example, if a dev at my company uses GPL code and I distribute that product without the source code, I as a company director am responsible, not the developer as I distributed it. I could fire the dev if he didn't inform me but that's about it, I can't shift blame. As Apple have taken complete control of Iphone application distribution they are the ones responsible for license compliance.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    42. Re:Wrong People by Anonymous Coward · · Score: 0

      Simple.

      Apple sells copies of said zip-file, they do not sell the the one they have, and then wait for the author to upload it again.

      When Wallmart has sold the routers they have, they won't be selling any more until they get a new shipment. They are simply reselling, not copying.

      For some reason, COPYing falls under COPYright law.

    43. Re:Wrong People by jabbathewocket · · Score: 1

      yah cause the distributor (bestbuy/walmart) are responsible for distributing the GPL code in the electronics it sells for 500 companies right? Seriously folks, at least read the damn license, and if you are still unclear talk to a lawyer friend before showing your ignorance with statements like this.

    44. Re:Wrong People by Anonymous Coward · · Score: 0

      that is not how it works.. lets go back to the source again.. foxconn/cd and dvd pressing plants are NOT responsible for the "creator" of the work in question not being in compliance with GPL/Copyright laws in general..

      Example.. if a hollywood studio makes a movie and includes say music that they didnt get proper clearance on.. and shipped it as a "direct to dvd" release .. the company that pressed the 3 million dvds that got shipped to walmart.. is not the violator of the copyright.. the author of the movie (in this case the hollywood studio) is the one who is liable.. it is EXACTLY the same with online "distribution" where the author of the work is not the the person who has the actual relationship with the customer during purchase.

      In this respect online merchants of digital media are in exactly the same situation as brick and mortar vendors of products.. the liability is with the owner/author of the work, not their agents.

    45. Re:Wrong People by badkarmadayaccount · · Score: 1

      The developer supplies source code to Apple.

      --
      I know tobacco is bad for you, so I smoke weed with crack.
    46. Re:Wrong People by badkarmadayaccount · · Score: 1

      ebay must explicitly point to the developer.

      --
      I know tobacco is bad for you, so I smoke weed with crack.
    47. Re:Wrong People by gmhowell · · Score: 1

      That's a great approach.

      Apple is just Walmart.

      It really puts their whole quality controlled walled garden into perspective.

      As opposed to the Compton swap meet level of quality from OSS?

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  5. I know what I would do. by DaveV1.0 · · Score: 4, Insightful

    If I were Apple, I would just pull the app and call it done. Why bother mucking around with the GPL and the like? Why run the risk of having to deal with demands for access, etc?

    Just get rid of the app and make the problem go away.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    1. Re:I know what I would do. by WrongSizeGlass · · Score: 2, Informative

      If I were Apple, I would just pull the app and call it done.

      They already did

    2. Re:I know what I would do. by Arker · · Score: 4, Interesting

      If I were Apple, I would just pull the app and call it done.

      Although the FSF tends to be far too kind, the fact is copyright law doesnt work that way. They are still on the hook for infringement already committed - or at least could be, if the copyright holders want to pursue it.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    3. Re:I know what I would do. by UnknowingFool · · Score: 2, Interesting
      Considering whoever created it violated the same Apple Developer's Agreement that FSF has issues with, Apple can just pull the App without much legal entanglement.

      3.1(e) For the purposes of Schedule 1(if applicable), You represent and warrant that You own or control the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide agent for the delivery of Your Licensed Applications, and that the fulfillment of such appointment by Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party;

      3.3.16 If Your Application includes any FOSS, You agree to comply with all applicable FOSS licensing terms. You also agree not to use any FOSS in the development of Your Application in such a way that would cause the non-FOSS portions of the Apple Software to be subject to any FOSS licensing terms or obligations.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    4. Re:I know what I would do. by 99BottlesOfBeerInMyF · · Score: 1

      If I were Apple, I would just pull the app and call it done. Why bother mucking around with the GPL and the like? Why run the risk of having to deal with demands for access, etc?

      That's probably what they will do, but you never know. More apps in the app store means more happy customers and may lead to more iPhone sales. Apple is a pretty OSS savvy company and knows the value of cooperation with the open source community. They also happen to have a lot of OSS geeks working there. It is possible Apple will take the harder, but more conciliatory approach of adding a license clause to exempt GPL software from the no-redistribution clause and in so doing open the way for GPL code to make it's way through the app store. Apple already has mechanisms in place to deal with requests for source for their own applications and they have the source for submitted apps, so it is doable.

    5. Re:I know what I would do. by greed · · Score: 5, Informative

      Apple's Developer Agreement for the iPhone SDK explicitly specified that your application must comply with open-source license terms.

      So if someone puts up a GPL application on the App Store without the source, they're not just in violation of the GPL, they're also in violation of Apple's terms.

      From http://adcdownload.apple.com/iphone/iphone_sdk_3.2__final/iphone_sdk_agreement.pdf, "3.3.16 If Your Application includes any FOSS, You agree to comply with all applicable FOSS licensing terms. You also agree not to use any FOSS in the development of Your Application in such a way that would cause the non-FOSS portions of the SDK to be subject to any FOSS licensing terms or obligations."

      In part, obviously, this is to keep someone from trying to lever open Apple's code with an FOSS license. But they've written it so that it also protects FOSS users and developers. It reads, to me, a lot like the GPL clause that says, "if you can't follow all these rules, you can't distribute the software."

    6. Re:I know what I would do. by Rockoon · · Score: 2, Insightful

      Do you really think that they should be able to get away with copyright infringement via a contract that does not involving the rights holder?

      Well then I have a contract with John Cantbefound who has been installing software and media on my computer for years. In the contract he specifies that he will not put material that I do not have rights to use onto my computer.

      --
      "His name was James Damore."
    7. Re:I know what I would do. by samkass · · Score: 1

      Apple is not even the people who violated the GPL-- it's the authors of the App who are distributing it (through Apple's store). Said authors are responsible, although I'm sure the FSF would love to go after Apple's deeper pockets instead.

      Apple doesn't give App developers 1099's for the same reason-- Apple isn't selling; they are providing the marketplace infrastructure for the app developers to sell.

      --
      E pluribus unum
    8. Re:I know what I would do. by sabre86 · · Score: 1

      It's GNU Go, I believe FSF holds to the copyright to it.

      --sabre86

    9. Re:I know what I would do. by hedwards · · Score: 4, Interesting

      Regardless of what the agreement might say, Apple is still on the hook for infringement. Considering the level of vetting that they give to applications going in and the number that have been blocked due to non-obvious problems, they're not going to be able to plead ignorance.

    10. Re:I know what I would do. by whisper_jeff · · Score: 1

      If I publish a book with copyrighted material in it without permission to do so and Barnes and Nobles sells that book, who is accountable for the copyright violation?

      Why do you think Apple should be treated any differently?

    11. Re:I know what I would do. by Arker · · Score: 1

      What if you do have permission to do so, under certain conditions, but then Barnes and Nobles who are beyond your control violate those conditions? Hmmm?

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    12. Re:I know what I would do. by UnknowingFool · · Score: 3, Insightful

      Do you really think that they should be able to get away with copyright infringement via a contract that does not involving the rights holder?

      Huh? The first part quoted says in legalese the the developer affirms that the submitted code is owned or controlled by the developer and that the distribution of the code does not violate the rights of any third party. The second part covers FOSS software namely that the developer will not do what he/she did in this particular case. That does get Apple off the hook. It's basic contract law.

      As an analogy, suppose you sell me a car but I don't have all the money. Under the sales agreement I provide you with a monthly payment until the full amount is settled. Then later I found out you stole the car. The agreement is void as you didn't have rights to sell the car. I don't have to pay you any monthly payment and if I am not obligated to return the car to you if I return the car to the local authorities. Can I be charged by the police with stolen property? No, because I believe you were the rightful owner and I complied with the law on stolen property.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    13. Re:I know what I would do. by Bloke+down+the+pub · · Score: 1

      An agreement between two parties doesn't exempt either of them from obligations to a third party. Just think about it for a minute. Anybody could renege on a contract by forming another contract with that weird guy who goes through the bins at the bus station.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    14. Re:I know what I would do. by Ixokai · · Score: 1

      But, the person signing the contract *said* they *were* the rights holder.

      Whoever submitted this app committed fraud: they agreed that they had the rights to grant Apple license to distribute their software, and that doing so would in no way infringe upon anyone else's rights.

      That's a complete lie. They stole code from the FSF, submitted it as their own, and told Apple they were free to distribute it as per the normal App Store rules.

      Whoever submitted this app are the ones who violated the GPL, and their contract with Apple to boot. There's no way Apple'd get more then a slap on the wrist in liability if this went to court.

    15. Re:I know what I would do. by UnknowingFool · · Score: 1

      I think Apple might be covered by Good Faith in they have removed app in question and that they honestly didn't know. Should this go to trial, the plaintiff must prove that Apple did know before hand and they didn't do enough when contacted.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    16. Re:I know what I would do. by UnknowingFool · · Score: 1

      An agreement between two parties doesn't exempt either of them from obligations to a third party. Anybody could renege on a contract by forming another contract with that weird guy who goes through the bins at the bus station.

      Any penalties applies to violator of the original contract and not the third party if the third party had no knowledge of the first contract. That's basic law. If I sell you my car then sell it to the guy going through the bins then I'm violating our contract. If the other guy didn't know about our sale, he's under no obligation to honor the sale and can't really be charged with penalties.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    17. Re:I know what I would do. by Anonymous Coward · · Score: 0
      It's GNU Go, I believe FSF holds to the copyright to it.

      True - FSF requires a copyright assignment before accepting patches to GNU Go - I even had to get my employer to say it is OK I contribute. Working for a company that does a lot of Open Source, it was no big deal.

    18. Re:I know what I would do. by dfghjk · · Score: 1

      "...if the copyright holders want to pursue it."

      Which they won't, and in which case Apple will likely prefer to deal with anyway.

    19. Re:I know what I would do. by Andorin · · Score: 2, Informative

      That link requires iTunes and I'm on Linux, you insensitive clod!

      --
      That Anonymous Coward guy is pretty annoying. Can we have the government censor him or something?
    20. Re:I know what I would do. by cbackas · · Score: 1

      That's where the Barnes and Noble analogy fails.

      Apple isn't buying up apps from suppliers to 'stock' their store. The developer has to actively sign up and pay for an account, AND agree to the terms of the App store before they even get to submit an application for sale there. I haven't checked specifically, but they might have even run into trouble with the usage terms in the SDK that they had to agree to before even building the app in the first place. None of that is beyond the developer's control, but they willfully ignored all of that and submitted the application anyway - asserting they had the right to do so.

    21. Re:I know what I would do. by dfghjk · · Score: 1

      Other people's frauds and violations don't absolve Apple of any they commit.

    22. Re:I know what I would do. by dissy · · Score: 1

      If I publish a book with copyrighted material in it without permission to do so and Barnes and Nobles sells that book, who is accountable for the copyright violation?

      Both are. 'You' in this case would be accountable for willful infringement (3x damages, but there are some other dependencies needing met for that as well), while Apple would only be accountable for infringement.

      Also, assuming you are hit with willful infringement instead of just infringement, that would be the grounds for Apple to then press charges against you for acting in bad faith, which ideally would recoup their losses from the prior lawsuit (Which of course never works out that way)

      For some reason I'm thinking if you were not charged with willful infringement, then Apple wouldn't have a default winning case against you. I'm not sure exactly how that works.

      One would hope all those in the chain of distribution who were tricked or believed the previous link was authorized, would all be able to go after the person whom started the whole thing, but that doesn't sound like it would bode well for those further down the chain from that person after the wealthier ones are done feeding.

      If you are in the hosting business, you just try to insure against such things as best as possible, and factor it into your legal budget. Sucks eh? :/

    23. Re:I know what I would do. by Pharmboy · · Score: 1

      They are still on the hook for infringement already committed - or at least could be, if the copyright holders want to pursue it.

      I would think that the FSF wants to encourage people to use the GPL and distribute software with the license, which increases mind share. That in mind, I can't ever see them suing a company if they will quickly rectify the problem with (preferably) keeping the software available but also the source and other rights to be granted, or (less preferable) to quit distributing the software. I don't see Apple trying to argue or drag this out for some protracted period anyway. There is no advantage for the FSF to get nitpicky about previous distribution if the mistake was innocent enough and quickly taken care of, and it would actually work against them in the long run to be jerks about it, as Apple and others may just avoid all GPL software, thus making developers less likely to use a free license.

      --
      Tequila: It's not just for breakfast anymore!
    24. Re:I know what I would do. by WNight · · Score: 1

      Right. But you'd be liable for speeding tickets that you'd gotten while driving the car, right?

      They distributed the app, and even if not knowingly and thus have certain obligations to the customers. Not guilt for the stolen car, but a few hoops to jump through to let the legitimate owner get what they need.

    25. Re:I know what I would do. by Rockoon · · Score: 1

      Can I be charged by the police with stolen property?

      Yes, you can. Welcome to American where you can't plead ignorance. The local authorities might let you off the hook, but they don't have to.

      --
      "His name was James Damore."
    26. Re:I know what I would do. by Rockoon · · Score: 1

      But, the person signing the contract *said* they *were* the rights holder.

      So?

      I hire a demolition company to demolish my neighbors house while they are away on vacation. I explain to them that its my house and that I wish to knock it down so that I can build a bigger house. I sign contract after contract stipulating that its my home and that I will pay a certain amount for the service, etc.. etc..

      Do you really think that the demolition company walks away from this matter without penalty?

      --
      "His name was James Damore."
    27. Re:I know what I would do. by Lehk228 · · Score: 1

      copyright does not work that way, a developer cannot put a lein on apples SDK code by realeasing an OSS app using it, the developer is simply violating licenses and copyrights all over the place

      --
      Snowden and Manning are heroes.
    28. Re:I know what I would do. by Anonymous Coward · · Score: 0

      A better analogy would be John Cantbefound putting copies of copyrighted software into your mlDonkey "Uploads" folder(That you obviously use to distribute BSD software and other free forms of art).
      Otherwise, spot on.

    29. Re:I know what I would do. by BitZtream · · Score: 1

      Yes, and watch how long you last in court ...

      Plantiff: They committed copyright infringement! As soon as we confronted them about it they stopped!

      Defendant: Yea, pretty much, thats it

      Judge: Why are we here again? Mr Defendant, don't do that again mmmkay. Mr Plantiff, stop fucking wasting my time with these BS suits. Next.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    30. Re:I know what I would do. by firewood · · Score: 1

      What they can plead is being the victim of fraud. They were given "stolen" goods (a binary that didn't comply with either the GPL license or the SDK agreement). If they pull the app and eject the developer who committed this fraud, what would a court realistically require in addition? Decompile the app to discover the actual source to the exact build they were given? Not likely.

    31. Re:I know what I would do. by cynyr · · Score: 1

      so if he wrote it, licensed it with the GPLv3, and then put it on the app store, and apple approves it... where did he steal it? thats right he didn't. nor does porting a GPL program to a different platform/language cause it to bound to the original authors.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    32. Re:I know what I would do. by RandomFactor · · Score: 1

      This link just tells me I don't have iTunes :-)

      --
      --- Mercutio was right.
    33. Re:I know what I would do. by GryMor · · Score: 1

      The developer is in compliance with the apple license, and is possibly in compliance with the GPL, AFAICT, it is APPLE that is in breach due to clause 6:

      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

      The developer does have the rights to allow apple to distribute the program, it's apple that doesn't have the right to restrict distribution of the program. 3.1(e) is satisfied, but apple screwed up and did something they are not authorized to do above and beyond the authorization they required.

      3.3.16 is not relevant to this violation in anyway.

      --
      Realities just a bunch of bits.
    34. Re:I know what I would do. by GryMor · · Score: 1

      No, they did not say they were the rights holder, they said they were authorized to authorize apple to distribute the program, and they are (as am I) due to the GPL. Apple, through maliciousness or ignorance, then went about distributing the program in a manner inconsistent with the GPL, something they were not authorized, nor could ever be authorized, to do. I may be mistaken about all the facts in this particular case, but a situation could trivially be arranged where the same issue would result even if the original author was fully compliant with the GPL and with the Apple license.

      --
      Realities just a bunch of bits.
    35. Re:I know what I would do. by GryMor · · Score: 1

      AFAICT, the violation is in Clause 6 of the GPLv2 rather than clauses 3 or 4. This is not about source code, nor is it about apples SDK.

      --
      Realities just a bunch of bits.
    36. Re:I know what I would do. by UnknowingFool · · Score: 1

      3.3.16 specifically says that the developer may not use FOSS code in conflict with the FOSS license. The developer allowed Apple to distribute the code knowing that Apple's distribution restricts further distribution. And Apple did not know that the code was GPL, but the developer did. Had Apple known, it wouldn't have accepted the code.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    37. Re:I know what I would do. by UnknowingFool · · Score: 1

      Apple is on the hook if they knew. Otherwise that would lead to absurd results where anyone is guilty of a contract violation even if they were not aware of the contract to which they were not a party. For example there are serial polygamists who marry multiple people without informing their spouses of their other spouses. By your stance all of them should are guilty of polygamy not the one person who is perpetrating the crime.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    38. Re:I know what I would do. by UnknowingFool · · Score: 1

      The Apple Developer License specifically disallows this case. It would be no different if someone distributed stolen proprietary code via the App store. If Apple did not know the code was stolen and removed it when they found out, the copyright owner can sue Apple but are unlikely to find any favorable court system. The court system would most likely tell the owner to sue the violator, not Apple.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    39. Re:I know what I would do. by nuggz · · Score: 1

      I'm sure that is why RIAA doesn't sue anyone for copyright infringement.

    40. Re:I know what I would do. by Kalriath · · Score: 1

      You put too much faith in the court system. From what I've seen, it's the same the world over - and we had an organisation (local government actually) successfully sue itself - and got itself awarded $30,000 in damages.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    41. Re:I know what I would do. by harlows_monkeys · · Score: 1

      They are still on the hook for infringement already committed - or at least could be, if the copyright holders want to pursue it.

      What is there to pursue? Plaintiff can ask for an injunction to stop continuing infringement, but that's pointless since Apple has already stopped the infringement.

      Plaintiff can ask for impoundment of the alleged infringing items. That is meaningless in this case.

      Plaintiff can ask for actual damages and for the infringer's profits from the infringement. Actual damages are zero. Apple's profits from Gnu Go are very likely also zero. In fact, if it was a free app, they probably lost money on it.

      That leaves statutory damages. Since it is likely that Apple was not aware of the infringement, the judge is likely to award the minimum possible statutory damages, which is $200.

      The court could also award attorney fees, but I think that would be unlikely for a frivolous copyright suit like this would be.

      Net result: the FSF can sue and win $200.

    42. Re:I know what I would do. by Anonymous Coward · · Score: 0

      The submitter claims copyright on the application.
      So Apple goes free. They might need to pull the plug on the App, when FSF proves they are the rightfull owners.

    43. Re:I know what I would do. by GryMor · · Score: 1

      Read it again, the dev is complying with the FOSS licensing terms (distributing to apple, following the terms of the GPL), and none of the "non-FOSS portions of the Apple Software" are subject to FOSS licensing terms.

      FOSS portions of software distributed by Apple, on the other hand, those aren't covered by 3.3.16

      --
      Realities just a bunch of bits.
    44. Re:I know what I would do. by Anonymous Coward · · Score: 0

      actually, in the UK at least you could still be charged with posession of stolen goods should the police/CPS decide to press charges

    45. Re:I know what I would do. by Anonymous Coward · · Score: 0

      Your analogy is incorrect because you are comparing criminal and civil matters. In order to violate criminal law, you generally need criminal intent. In the case of civil court, it simply a matter of actions. (It is true that there are often willful and non-willful penalties, but intent is generally irrelevant.)

      Apple's clause doesn't protect them from being sued. They violate copyright, and thus are liable. What it does do, however, is allow them to sue the developer for all the costs they incurred from the suit and win easily.

      P.S. If this wasn't the case, all a "pirate" site would have to do to be legal would be to have a TOS that stated something like "By downloading media from this site you guarantee that you have a license to legally do so" or similar BS.

    46. Re:I know what I would do. by DaveV1.0 · · Score: 1

      All that is kind of irrelevant. The simplest course of action and the path of least resistance for Apple is to exercise it's option to remove the app. If Apple removes the app, then it also removes any problems Apple may have.

      The FLOSSies are saying "We don't want you to remove the app, we want you to comply with this section of the GPL." But, for Apple, the quickest, simplest, and most prudent thing to do is to remove the app, regardless of whether that is what the FLOSSies actually want.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    47. Re:I know what I would do. by DaveV1.0 · · Score: 1

      The RIAA sues people for willful and continuing infringement after having a settlement offer rejected.

      If Apple pulls the app, then there is no continuing infringement. The section of the GPL Apple would be violating concerns distribution and Apple has an affirmative defense in claiming they did not intend nor did they know they were infringing as the infringing app was provided by a third party.

      You are comparing Apples to tuna.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    48. Re:I know what I would do. by nuggz · · Score: 1

      I didn't realize that the RIAA would drop the suit if you discontinued your infringement.
      I've never heard of that, it seems a much cheaper way.

      I agree Apple does have a defence, and they can likely claim that they didn't know however.

      They may not have intended to infringe.
      However they DID distribute, therefore they DID infringe.

      Therefore Apple has a problem. They can go after the developers who submitted it to them, however they probably don't have very deep pockets, and they are only liable for their actions. Depending what they told Apple, they may or may not have an issue there, but "he told me to" isn't much of a legal defense.

      As far as settlement, the FSF would simply ask for them to comply by unlocking iPhones, something they won't do.
      I'm pretty sure Apple would much rather pay a small fine for copyright infringement than open up their phone.

    49. Re:I know what I would do. by DaveV1.0 · · Score: 1

      Actually, the RIAA generally doesn't file suit unless one refuses to stop infringing and/or refuses their settlement offer.

      The RIAA says "You knowingly infringed on our copyright. Stop it and pay us a few thousand dollars for violating our rights or we will sue you" After all the hoopla over it, no one can say they didn't know they were violating copyright when they are "sharing" a song on the internet without the copyright holder's permission. The money the RIAA asks for is quite a bit less than the minimum they will get at trial, and I think I read somewhere that they will even set up a payment plan if you don't have the cash on hand.

      Most people who fight the suits end up losing because they make claims that can not be supported, such as "I didn't know I was doing something wrong" or "I have a fair use right to put this song on the internet for the purposes of giving other people copies." And, when the people lose in court, the RIAA is awarded massive damages as is allowed under the copy right law and everyone has a hissy fit and completely forgets that the RIAA originally only asked for about US$3,000.00.

      They may not have intended to infringe.
      However they DID distribute, therefore they DID infringe.

      For which, the FSF would get a maximum pay out of $200.00. That wouldn't even pay for the lawyer to write the letter.

      I'm pretty sure Apple would much rather pay a small fine for copyright infringement than open up their phone.

      Which is why Apple would be best off simply pulling the offending app, and possibly all GPLed apps. Then, Apple can pay the $200.00 and never have to worry about it again, ever.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    50. Re:I know what I would do. by intheshelter · · Score: 1

      I don't think so. As someone else pointed out the Developer Agreement specifically spells out the Developer's responsibility to make sure any FOSS licensing is adhered to. Apple will end up removing it and that will be the end of it. If they want to sue then have at it, but they won't get a dime.

    51. Re:I know what I would do. by nuggz · · Score: 1

      I can't see it being $200.
      $200 per infringing copy maybe, but not $200 for an unlimited number of infringements.

      However to argue that they didn't intend to breach the agreement they would have to argue that they distributed the sofware without reviewing, or without understanding the license agreement.

      The arguement "I didn't know it was wrong because I didn't read the license they gave me" is a pretty weak defense.

    52. Re:I know what I would do. by Arker · · Score: 1

      That would be $200 for each copy that was downloaded actually. The upper bounds on statutory damages are many orders of magnitude greater, as well. And since Apple has demonstrably aware of the licensing issues for years, and since the App store is so closely controlled by Apple with nothing being posted there before they perform an extensive review, they cannot plausibly rebutt the allegation that they either knew or should have known their obligations. Also while they may not show a profit from that particular program, they run the app store and upload many free apps to iPhone users as part of a clearly commercial, profit-making enterprise. These are loss-leaders to sell their phones, after all.

      I'm not saying FSF would or should do it. Just pointing out that copyright law doesnt give anyone the option to simply cease infringing and avoid liability. That is an option that the FSF offers out of generosity, not legal requirement. The RIAA is currently pursuing many thousands of private individuals for non-commercial infringement and they dont get this out.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    53. Re:I know what I would do. by harlows_monkeys · · Score: 1

      That would be $200 for each copy that was downloaded actually.

      Statutory damages are per work infringed, not per copy of the infringed work. One of the points of statutory damages is that it is available as an alternative to having to figure out how many infringing copies are involved.

      And since Apple has demonstrably aware of the licensing issues for years, and since the App store is so closely controlled by Apple with nothing being posted there before they perform an extensive review, they cannot plausibly rebutt the allegation that they either knew or should have known their obligations.

      What evidence is there that Apple was aware of the licensing issue? The copyright owner of a GPL work can place it on the Apple store with no problem, so there is no reason for Apple to believe that a GPL work on the Apple store per se violates someone's copyright. A particular developer put up GPL code that he did not own and did not have permission to distribute via the App store, and Apple removed it as soon as they were notified.

    54. Re:I know what I would do. by Arker · · Score: 1

      Statutory damages are per work infringed, not per copy of the infringed work.

      You appear to be correct. However there would still be a lot of room to argue that a court should impose the upper, not the lower, end of the damages.

      What evidence is there that Apple was aware of the licensing issue? The copyright owner of a GPL work can place it on the Apple store with no problem, so there is no reason for Apple to believe that a GPL work on the Apple store per se violates someone's copyright.

      Apple has extensive experience with Free Software and the requirements of all the major license, and it would be almost trivial to demonstrate that just from statements they have published themselves. They are also quite aware that most existing works under those licenses have multiple authors making it impossible to release them under any terms other than the agreed upon free software license. They either knew or should have known that GNU GO is owned by the FSF (a quick google search would have established this, even if there was doubt.) Under neither assumption is it possible for them to distribute a work like this under the terms of the Apple store, which Apple certainly knew to be completely incompatible with the requirements of the GPL.

      Like I said, I am not saying that the FSF would or should pursue such a case. Just pointing out what the law is, and how it is applied to others.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    55. Re:I know what I would do. by akaLefty · · Score: 1

      That's silly. What exactly is the FSF going to tell the court?

      "Apple violated our license!"
      "Do you have a contract with Apple wherein they agreed to observe your license?"
      "Er......no......"
      "Hm. Well, you can't hold them to a license they never contracted to observe."
      "Apple infringed our copyright!"
      "It looks more to me that Robota infringed your copyright, if anyone did. Apple never even saw the source code for this program."
      "But Apple had an infringing copy on their store!"
      "And they apparently relied on Robota's statement in their contract with Apple that the program could be legitimately sold. Did you send them a DMCA notification?"
      "Er.......no......."
      "Did you send them a cease and desist letter?"
      "Um...not exactly..."
      "What did you do?"
      "We put up a page on our web site announcing an enforcement action and..."
      "A what?"
      "An enforcement action. If someone violates our license..."
      "You've already said you had no contract with Apple regarding this license, so that's irrelevant. Look: did Apple make any money by providing this application?"
      "Er.......no......"
      "Did you lose any?"
      "Um......well......it's not about the money..."
      "That's good, because there doesn't seem to be any. Are you deliberately wasting the court's time here?"
      "We're working for software freedom!"
      "You'll be doing it from a jail cell on a contempt charge in a minute, at this rate. You haven't lost any money, Apple hasn't made any money, Apple has removed the infringing application in spite of never having been properly notified by you... What damages are you claiming? What remedy are you seeking in this case?"
      "The cause of freedom has been damaged! We want you to order Apple to observe our license!"
      "I'm ordering you to the slammer for fourteen days for wasting my time with this frivolous suit."
      ::BANG!::

    56. Re:I know what I would do. by akaLefty · · Score: 1

      Net result: the FSF can sue and win $200.

      This is only on the pretty optimistic assumption that the judge doesn't hold the FSF in contempt and fine them for having wasted the court's time.

    57. Re:I know what I would do. by akaLefty · · Score: 1

      The driver gets the ticket, regardless of whether the car is stolen or not because the car doesn't commit the act of speeding, the driver does. Apple relied on Robota's statement that they had the right to sell the program and that they had handled FOSS code appropriately. If Robota misled Apple, that's not Apple's fault.

    58. Re:I know what I would do. by akaLefty · · Score: 1

      You hire the demolition company. The demolition company asks for your ID and a copy of the deed to the property. You show them a forged driver's license in your neighbor's name, and a forged deed. The demolition company knocks down the house. You pay them with a forged check.

      Yes, the demolition company walks away completely without penalty. They did their "due diligence" in making what any reasonable person would agree is a reasonable effort to ascertain that you were, in fact, the owner of the property.

      You lied to them, using forged documents to do so. You are completely liable for all actual damages suffered by your neighbor, and almost certainly punitive damages as well. You are also guilty of destruction of property, fraud, impersonation, use of forged documents and a variety of other criminal charges.

    59. Re:I know what I would do. by WNight · · Score: 1

      The driver is Apple, and speeding here is distributing a copyrighted work without license. How do they get the developer into the driver's seat without the police seeing? He might have sold them the car, misled them regarding speed limits, etc, but they were driving...

      If Apple distributed something they didn't have rights to they can't just point a finger at someone else and say "sue him". They'd take the hit and depending on their contract with the developer rake him over the coals for misleading them.

  6. They'll work around it. by allaunjsilverfox2 · · Score: 1

    They'll make the app disappear and to appease the FSF they'll provide a notice about the app. And possibly a link to the source for awhile.

    --
    Restore the madness of youth's lechery
  7. 'B Ark' For Earth's GNUFreaks? by Anonymous Coward · · Score: 0, Funny

    Can't we all pitch in and create some sort of 'B Ark' ala Douglas Adams to ship Earth's GNUFreaks to some other planet?

  8. Apple isn't stopping you from sharing the source by maccodemonkey · · Score: 3, Interesting

    Nothing about the app store means that you can't freely share the code and load it on your own devices. Nothing legally stops you from jailbreaking the device, and loading on the source yourself.

    However, it seems that the argument is that anything that falls under the GPL in binary form must be redistributed without restriction, regardless of the availability of the source code. I'm not so sure on this. It seems to me that if the source code is available freely, than the license terms are fulfilled, but what do I know, I'm not a lawyer...

  9. GPL Question by gyrogeerloose · · Score: 1

    Would it satisfy the GPL requirements if the source code was made available for free download on another site or does it have to be included with the binary?

    --
    This ain't rocket surgery.
    1. Re:GPL Question by Stumbles · · Score: 1

      The GPL does not require the source code originate from the same site as the binary. So yes, the source can be made available elsewhere.

      --
      My karma is not a Chameleon.
    2. Re:GPL Question by radish · · Score: 3, Insightful

      While the source is a problem, the bigger problem is that the GPL states that you're not allowed to prevent people from redistributing the binary. Can you transfer an app from your phone to another one without Apple trying to stop you? No.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    3. Re:GPL Question by Enderandrew · · Score: 2, Informative

      Apple store apps transfer from device to device. I can also delete the app and download it again as often as I like.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    4. Re:GPL Question by Anonymous Coward · · Score: 0

      But you can't do this without the Apple Store's involvement, which is the point. Stop being deliberately obtuse, TJ.

    5. Re:GPL Question by aristotle-dude · · Score: 1

      While the source is a problem, the bigger problem is that the GPL states that you're not allowed to prevent people from redistributing the binary. Can you transfer an app from your phone to another one without Apple trying to stop you? No.

      You can install apps on an unlimited number of iPhones/iPod Touches as long as you either authorize the device by signing in and redownloading the app directly or authorize the other person's iTunes to download and sync the app from your account.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    6. Re:GPL Question by david_thornley · · Score: 3, Insightful

      The GPL says you have the right to redistribute. It doesn't say that other people have to help you do it. It was a case of having the right to do something (modify the software) but not the ability to benefit from it (by installing a modified version in a Tivo) that pushed the FSF into writing GPLv3.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    7. Re:GPL Question by Draek · · Score: 1

      IANAL, but while it doesn't have to come with the binary per se I believe it *does* have to come from the same person that's redistributing the work, ie Apple themselves.

      --
      No problem is insoluble in all conceivable circumstances.
    8. Re:GPL Question by Trepidity · · Score: 1

      Yes, but even the GPL v2 says that other people can't attempt to add licensing terms that prevent you from redistributing GPL'd software, and Apple's app store does exactly that through its EULA. The Tivo case is okay under GPLv2 because, although it tries to stop reuse through technical means, it doesn't add any objectionable license terms.

    9. Re:GPL Question by 99BottlesOfBeerInMyF · · Score: 1

      But you can't do this without the Apple Store's involvement, which is the point. Stop being deliberately obtuse, TJ.

      Actually, distributors are not bound to help you transfer files, just not prevent you. Apple doesn't have to show you how to move app files off your iPhone, they just can't legally prevent you from so doing if you figure it out. It's just like Tivo not being responsible for showing you how to copy binaries off their devices and onto a PC.

    10. Re:GPL Question by agbinfo · · Score: 1

      My router runs Linux. Can I transfer the firmware from one router to another without Linksys (or whatever) trying to stop me? No.

      What makes you think you can't?

    11. Re:GPL Question by BitZtream · · Score: 2, Insightful

      Yes. Apple doesn't really try to stop anyone, they do strongly advise against it and won't support you if you do it. They certainly don't have to provide you with the tools to do so.

      I assure you however, I've copied apps between phones with a simple scp command line.

      Apple doesn't have to help you do it or do it for you, they don't even have to make it easy.

      From a technical perspective, if someone can solder up a connection to the flash chips and dump it, they've met that particular clause, regardless of how absurd of an idea that may seem.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    12. Re:GPL Question by PeterBrett · · Score: 1

      Yes. Apple doesn't really try to stop anyone, they do strongly advise against it and won't support you if you do it. They certainly don't have to provide you with the tools to do so.

      They make you enter into a legal contract that you will not redistribute the software or allow it to be redistributed.

      The fact that there are technical ways around the technical measures they impose are neither here nor there.

    13. Re:GPL Question by Anonymous Coward · · Score: 0


      Apple store apps transfer from device to device.

      Who modded this up to 'Informative'?

      The Apple Store license restricts the number of device-to-device copies to 5 at most:

      Usage Rules
      (i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
      (ii) You shall be authorized to use the Products only for personal, noncommercial use.
      (iii) You shall be authorized to use the Products on five Apple-authorized devices at any time, except in the case of Movie Rentals, as described below. ...

      Apple reviewed the app, asked and got a yearly fee from the developer, copied the app to their store and offered it up for third parties for downloads, then profited 30% from the revenue and slapped various additional usage restrictions on the binary - against the license of the original authors of that software.

      Apple now cannot claim "oops, never mind, removed the app" just like you cannot claim "oops, never mind" if you broke a federal law and profited from it.

    14. Re:GPL Question by Enderandrew · · Score: 1

      I didn't see this initially because I hide AC posts most of the time. But since some AC is trying to argue with me, and using my real name, they must really want a response.

      You can only authorize 5 devices at once. That is true. Are you suggesting one person is going to own more than 5 of these devices at once they need their apps on?

      There is the iPod Touch, the iPhone and iPad. If you own more than one of these, or any combination that adds up to more than 5 for YOUR PERSONAL use, there is something wrong.

      If you deactivate any of these devices, you get one back for future devices.

      The reason there needs to be a limit at all is to stop me from pooling together a large group of people with one account, where we each purchase one app, and then everyone in the group then has access to everything we have all purchased. If you could link that account to 50,000 devices, then you'd have a problem.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
  10. mod up by mveloso · · Score: 2, Funny

    They should be going after the author, not Apple. More FSF grandstanding.

    1. Re:mod up by batkiwi · · Score: 1

      Seperate the slashdot FUD from what the FSF is actually saying.

      The FSF is not in any way threatening legal action, nor making demands. They've simply said, "This app isn't redistributable by your store due to licensing problems. What can we work on to make it so that isn't the case?" to apple.

      Any lawsuit about copyright would be filed against the author for obvious reasons (the app store terms of service imdemnify apple against these sort of things and put the "check your license conditions" issues onto the shoulders of the author).

  11. They are talking to both by pavon · · Score: 2, Informative

    From the press release:

    The upstream developers for this port are also violating the GPL, and we are discussing this with them too. We are raising the issue with Apple as well since Apple is the one that distributes this software to the public; legally, both parties have the responsibility to comply with the GPL.

    They are both responsible, but Apple is the only one that can change their licensing terms to make it legal to release GPL software for the iPhone. Since the FSF would prefer that option over having the application removed from the store, contacting Apple and letting them choose the path forward is the pragmatic and diplomatic thing to do.

    1. Re:They are talking to both by akaLefty · · Score: 1

      "Contacting Apple" via a web page announcing an "enforcement action" against them? Publicity stunt.

  12. Predicted Apple reaction by ElusiveJoe · · Score: 1

    It's Gnu Gone in 3,2,1...

  13. Summary is misleading by Arker · · Score: 1

    It's an unusual enforcement action, though, because they don't want Apple to just make the app disappear, they want Apple to grant its users the full freedoms offered by the GPL.

    For the FSF, at least, that is not unusual at all. Quite the opposite, that is always their goal when approaching violators.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  14. Is it Apple's? by shutdown+-p+now · · Score: 1

    Neither TFS nor TFA make it clear whether the offending application is published by Apple, but it seems that the answer is "no". If so, I fail to see why Apple should be responsible for non-compliance here. Yes, their licensing terms are restrictive, but if some developer didn't realize that they are incompatible with GPL, it's his problem - not Apple's (and not FSF's).

    From Apple's perspective, they simply have an application in App Store which is infringing on FSF copyright. I'd imagine that they have some policy against this, so they'll take it down. And, so long as they do it on request, DMCA shields them from liability for distribution. I believe FSF might (oh, the irony!) need to write a proper DMCA take-down request for this, though - until then, Apple can pretty much ignore it if they want (but they probably won't).

    1. Re:Is it Apple's? by pavera · · Score: 1

      apple is the distributor of the software. It is distribution that gets you in trouble with the GPL. If you download a GPL app, and modify it, and then never distribute it to anyone else, then you are not required to share your source code modifications. It is in distribution that you violate the GPL, if you do distribute your modified app, then you are required to include all the source code.

      This is where apple is in violation because they are the distributor of the app, not the developers.

    2. Re:Is it Apple's? by Dynedain · · Score: 1

      Ah, but by maintaining tight application and review processes, Apple IS the publisher. They're not the developer, but they are the publisher, and definitely the distributor.

      YouTube and ISPs fall into the safe-harbor clause of the DMCA because they do their filtering retroactively. In this case, Apple reviews every product before making it available. They've taken on the burden of being active content police, which removes any protection they might have.

      --
      I'm out of my mind right now, but feel free to leave a message.....
    3. Re:Is it Apple's? by shutdown+-p+now · · Score: 1

      That's precisely the case to which DMCA applies. YouTube, for example, is also a distributor of videos uploaded to it by the users. However, since they are an intermediary (a "service provide"), they are not liable for any copyright infringements in posted content, so long as they react to DMCA take-down notices by copyright holders accordingly - the liability is shifted entirely to users who upload. It would seem that this applies here as well.

    4. Re:Is it Apple's? by akaLefty · · Score: 1

      At which point did Apple sign a contract with the FSF to observe the GPL? The prior poster is correct: this is nothing more than a situation of Robota Softwarehouse of the Netherlands infringing a copyright held by the GNU Project.

  15. The answer is simple. by Stumbles · · Score: 4, Insightful

    If Apple cannot comply with the terms of the GPL then they are first in violation of the GPL terms and second, they are in the copyright violation arena. It is totally immaterial WHY they cannot comply. I am sure if Apple found a program in violation of their terms they would not afford the violator the same kindness they are currently being allowed.

    --
    My karma is not a Chameleon.
    1. Re:The answer is simple. by jo_ham · · Score: 3, Informative

      Indeed, they have already taken the app down because it is a GPL violation. There are other GPL apps on the store though that are in compliance, with the source available via developer website linked within the app - it's not a fundamental incompatibility with the app store, it seems to be a developer issue.

    2. Re:The answer is simple. by sbeckstead · · Score: 1

      Actually they have many times, sometimes buying out the offending software to the great delight of the authors. Do a little research please.

    3. Re:The answer is simple. by Tom · · Score: 1

      But that is exactly why the FSF has a great track record in bringing companies into compliance - they give them advance notice, talk with them, their main goal is to bring them into compliance, not to sue.

      What really is lost if they are in violation of the GPL for a week? The outcome matters. A victory for Free Software is still a victory if it doesn't materialize immediately right now.

      --
      Assorted stuff I do sometimes: Lemuria.org
    4. Re:The answer is simple. by whisper_jeff · · Score: 1

      If Apple cannot comply with the terms of the GPL then they are first in violation of the GPL terms and second, they are in the copyright violation arena. It is totally immaterial WHY they cannot comply.

      No. Apple is not in violation of copyright. The developers are.

      If I publish a book with copyrighted material, without permission, and Barnes and Nobles sells that book, who is breaching copyright? Me or B&N?

      Assuming you recognize the obvious answer that it is I who would have breached copyright in that example, then the next obvious question is "why is Apple any different from B&N?" Apple did not create the work - they sell it. They are no different than a book store selling a book which in breach of copyright law.

      It is the developer's responsibility to respect copyright laws. If the GPL has requirements that must be followed, it is the developer's responsibility to respect those requirements.

      Hate Apple if you want but at least try to base it on something founded in logic please. In this case, the developers are at fault. Sorry.

    5. Re:The answer is simple. by Jim+Hall · · Score: 1

      Emphasis mine:

      Indeed, they have already taken the app down because it is a GPL violation. There are other GPL apps on the store though that are in compliance, with the source available via developer website linked within the app - it's not a fundamental incompatibility with the app store, it seems to be a developer issue.

      Actually, linking to a separate web site from within an App is not exactly meeting the terms of the GNU GPL. IMO, this might work under certain circumstances, but should be avoided where possible. Section 3 of the GPL says:

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

      a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

      And 3c doesn't apply to the Apple App Store at all.

      So a developer would need to comply with 3a (include the source code at the time of distributing the binary - i.e. as part of the App, etc.) or 3b (include a written offer to provide the source code upon request.)

      But providing a link to a separate web site for users to get the source code doesn't exactly meet either of these.

      This example is similar to a question in the GNU GPL FAQ: Can I put the binaries on my Internet server and put the source on a different Internet site? Only if you make special arrangements with that other site for them to keep the source code available, then that would be ok. If that linked web site is owned & managed by the developer/maintainer of the App, then that's a default positive arrangement. But the developer should not link to some other site, and say "Get the source code from these guys" without making arrangements ahead of time. That's why the preference is to do either 3a or 3b.

    6. Re:The answer is simple. by jo_ham · · Score: 1

      Interesting, so it's not enough merely to offer to provide the source, it has to be available right alongside the compiled program from the same supplying site.

      This would seem to indicate that the way to be fully compliant would be for Apple to host the source with the app so you could get both at the same time.

    7. Re:The answer is simple. by Anonymous Coward · · Score: 0

      Hate Apple if you want but at least try to base it on something founded in logic please.

      LOL! You must be new here...

    8. Re:The answer is simple. by Jim+Hall · · Score: 1

      Interesting, so it's not enough merely to offer to provide the source, it has to be available right alongside the compiled program from the same supplying site.

      That would certainly meet 3a, yes.

      This would seem to indicate that the way to be fully compliant would be for Apple to host the source with the app so you could get both at the same time.

      It doesn't necessarily need to be in the same container as the "binary" App. I suppose one possible solution using the App Store would be to have a separate App that provides the source code ... buy/download the "binary" App, and you get access to the "source" App too. Or even just a link/mention in the "binary" App that source code is available in the "source" App. (Same concept as Red Hat's RPMs, SRPMs.)

    9. Re:The answer is simple. by hondo77 · · Score: 1

      But providing a link to a separate web site for users to get the source code doesn't exactly meet either of these.

      Huh? How does a link to the source code in the app not satisfy 3b? It's an offer, it's free, it's machine-readable, and it's customarily used for s/w distribution.

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    10. Re:The answer is simple. by SETIGuy · · Score: 1

      How do you ensure it will be available for three years?

    11. Re:The answer is simple. by WNight · · Score: 1

      Why did Amazon feel they had to delete copies of 1984 they'd already sold if they distributors have no liability?

      Hate Apple if [...]

      Oh yeah, here we go. Any and all criticism or not strictly-positive comments about Apple-anything is hating.

    12. Re:The answer is simple. by Stumbles · · Score: 1

      No. Your wrong. It isn't about the developers. Its about the restrictions Apple has on their App Store. The FSF points out these restrictions are in violations of Section 6 of the GPL. It isn't about hating Apple. Perhaps if you had read TFA you would realize it is all about the restrictions Apple imposes.

      --
      My karma is not a Chameleon.
    13. Re:The answer is simple. by Rich0 · · Score: 2, Insightful

      Simply making the source available isn't sufficient to make a program GPL-compliant. You also need to redistribute it with terms compatible with the GPL, which means that you need to include with your program a license that allows free redistribution.

      Programs distributed via the app store do not include such licenses, since they are built with the iphone SDK, and Apple doesn't permit redistribution of programs built with the SDK.

      It doesn't matter that you can build the same program with your own copy of the SDK from their source, or even that you could built it without the SDK. If you distribute a derivative work of the GPL using the Apple SDK, then you need to license THAT BINARY COPY of the program for redistribution.

      The bottom line is that if you mix GPL code with the iphone SDK then you can't redistribute the resulting binaries without violating either the SDK terms or the GPL.

    14. Re:The answer is simple. by canajin56 · · Score: 1

      So...I write a program. I decide to GPL it. I put up the program on my website, and also on the same website, I put up "source.tgz". I have just violated the GPL? Because I can't ensure that my website will be up for 3 years? You're disagreeing with the GNU FAQ, which says that's OK. I wonder why.

      --
      ASCII stupid question, get a stupid ANSI
    15. Re:The answer is simple. by E+IS+mC(Square) · · Score: 1

      Here come the fanbois.

    16. Re:The answer is simple. by whisper_jeff · · Score: 1

      Sorry. We got here after the haters.

    17. Re:The answer is simple. by GryMor · · Score: 4, Insightful

      No Apple app store app can, currently, be in compliance with the GPL. This is about Clause 6, which requires you to allow redistribution of any GPL app, as is (something that apple prevents via license and technical measures) and has nothing to do with source code.

      --
      Realities just a bunch of bits.
    18. Re:The answer is simple. by harlows_monkeys · · Score: 1

      Indeed, they have already taken the app down because it is a GPL violation. There are other GPL apps on the store though that are in compliance, with the source available via developer website linked within the app - it's not a fundamental incompatibility with the app store, it seems to be a developer issue.

      No, according the FSF, it is a fundamental incompatibility, and has nothing to do with source availability. In the FSF's view, no GPL code can be distributed via the Apple store. Read the page at fsf.org that was cited in the submission.

      To use the App store as an end user, you have to agree to terms and conditions that state you will not redistribute anything you download from the App store. That is what is in conflict with the GPL. When an entity distributes GPL software in a way that requires them to have permission of the copyright holder, and they are using GPL to obtain that permission, they are not allowed to place any additional restrictions on what the user can do with that software.

      Since getting an app via the App store involves Apple making a copy, Apple has to have permission of the copyright owner. (This is what distinguishes this from, say, a retail store selling boxed copies of GPL software and putting additional conditions on the sale--they would not need the copyright owner's permission since they would be covered by the first sale doctrine, so GPL would be irrelevant to them).

    19. Re:The answer is simple. by PeterBrett · · Score: 1

      Yes, it is a fundamental incompatibility. This highly informative post shows it quite clearly.

    20. Re:The answer is simple. by jabbathewocket · · Score: 1

      NO THEY ARE NOT
      APPLE DIDNT FUCKING GO OUT AND GRAB THE GPL'D CODE, WRAP IT IN AN IPHONE SDK CREATED GOODNESS AND THEN RELEASE IT TO THE WORLD ON THE STORE
      The idiot developer who submitted it, after reading not 1, not 2, not even 3, but 4 diffrerent licenses (gpl, itunes, sdk, and itunes connect (the apple store for developers license)) and then chose to try to do it anyhow is the only one at fault here
      The chain goes like this.. you have to download the Iphone SDK (many strings attached) you have to signup to be an app store vendor (more strings attached) both of these agreements explicity state that you cannot release apps that conflict with the terms of these agreements.. which preclude use of GPL code since it is VERY incompatible with all of apple's licenses related to idevices
      of course slashdot fanatical open source guys who have no clue what the hell they are talking about are par for the course on slashdot huh?

    21. Re:The answer is simple. by jabbathewocket · · Score: 1

      Nope, that is wishful thinking/poor reading of the license.. I challenge you to find a device that uses GPL code in it.. that includes at time of delivery a copy of the source code in machine readable form.. You cannot because its not a requirement.. nor is it a requirement for software..

    22. Re:The answer is simple. by Jim+Hall · · Score: 1

      So...I write a program. I decide to GPL it. I put up the program on my website, and also on the same website, I put up "source.tgz". I have just violated the GPL? Because I can't ensure that my website will be up for 3 years? You're disagreeing with the GNU FAQ, which says that's OK. I wonder why.

      In the example you gave, distributing the source code alongside (i.e. on the same web site) meets 3a of the GNU GPL: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange.

      That's a different scenario than what you're replying to. The person above wrote:

      Huh? How does a link to the source code in the app not satisfy 3b? It's an offer, it's free, it's machine-readable, and it's customarily used for s/w distribution.

      So this example - linking to the source code on a separate web site from inside an App - is different from your case. The keyword is accompany. If you don't provide or offer the source code at the same time you distribute the binary (3a) then you need to include an offer to provide the source code upon request, valid for at least 3 years (3b).

    23. Re:The answer is simple. by Anonymous Coward · · Score: 0

      Indeed, they have already taken the app down because it is a GPL violation. There are other GPL apps on the store though that are in compliance, with the source available via developer website linked within the app - it's not a fundamental incompatibility with the app store, it seems to be a developer issue.

      No, the problem has nothing to do at all with availability of the source code. It is a fundamental incompability with the App Store, in that Apple's terms impose additional restrictions on top of the GPL, which the GPL expressly forbids.

    24. Re:The answer is simple. by Jim+Hall · · Score: 1

      Nope, that is wishful thinking/poor reading of the license.. I challenge you to find a device that uses GPL code in it.. that includes at time of delivery a copy of the source code in machine readable form.. You cannot because its not a requirement.. nor is it a requirement for software..

      True, embedded devices that use GPL'd code do not (often) provide a source code option when you acquire/purchase/etc the device. Providing source code at that time would meet 3a, and you point out this does not always happen.

      But check the documentation for the embedded device that contains GPL'd source code, and you'll see a mention about the GPL'd code in it. And there's an offer there about the source code. This meets 3b of the GNU GPL:

      b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange;

      Maybe it's not very obvious in the manual, but it's there.

      For example: I bought my television about 2 years ago. We flipped through the manual after we got it, and found a notice that some code used in the device [listed] was under the GNU LGPL, and there was an offer to obtain source code direct from them. (I think they put it on their web site.) Of course, they also listed the project's web site to get the original source code.

    25. Re:The answer is simple. by jabbathewocket · · Score: 1

      Yah i know, but that is my point.. thats not including machine readable source with the device.. which is what people keep implying that the GPL requires.

      Remember this thread got started by people trying to say that apple via itunes was not a retailer but rather "the author who was making copies of a gpl product by distributing it" etc etc etc

  16. Re:Apple isn't stopping you from sharing the sourc by eldavojohn · · Score: 2, Insightful

    It seems to me that if the source code is available freely, than the license terms are fulfilled, but what do I know, I'm not a lawyer...

    No, no you are not. But this is really something that software developers who plan on reuse should know. From Section 6 of the GPLv2:

    6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

    Is Apple redistributing the Program or a derivative thereof? What's more they're relicensing it with a noncompliant license. I think we got a legitimate problem here ... If Apple wants to redistribute, they must provide a license to the consumer telling them how to obtain the source and notifying the consumer that they are free to copy, distribute or modify said Program (of course by the GPLv2 rules).

    --
    My work here is dung.
  17. No Kidding by pavon · · Score: 4, Informative

    Reality:

    In most ways, this is a typical enforcement action for the FSF: we want to resolve this situation as amicably as possible. We have not sued Apple, nor have we sent them any legal demand that they remove the programs from the App Store.

    Slashdot:

    It's an unusual enforcement action, though, because they don't want Apple to just make the app disappear, they want Apple to grant its users the full freedoms offered by the GPL.

    1. Re:No Kidding by Anonymous Coward · · Score: 0

      Both statements are actually true. It is an unusual enforcement action if you consider ALL copyright enforcement actions that occur but specifically for the FSF it is usual.

    2. Re:No Kidding by 517714 · · Score: 1
      Reality:

      The upstream developers for this port are also violating the GPL, and we are discussing this with them too. We are raising the issue with Apple as well since Apple is the one that distributes this software to the public; legally, both parties have the responsibility to comply with the GPL.

      Slsahdot:

      ... Apple's ... Apple ... Apple ... Apple ... Apple ... Apple's ...

      The developer induced Apple, through misrepresentation, to violate copyright. While Apple may be found guilty, they would be able to recover the costs from the developer.

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
  18. Amazing... by sbeckstead · · Score: 1

    Just goes to show you the amazing lengths spoiled children will go to to get momma to give them another cookie! If they can't comply with the license it should be pulled and should never have been allowed in in the first place.

    1. Re:Amazing... by Anonymous Coward · · Score: 0

      What? You're rant makes no sense. Who's acting like the spoiled child Apple, The FSF, or the app. author? How does any of this compare to a child wanting another cookie? What was the first cookie?

    2. Re:Amazing... by sbeckstead · · Score: 1

      Yes sorry shot from the hip and missed.

    3. Re:Amazing... by mjwx · · Score: 1

      Just goes to show you the amazing lengths spoiled children will go to to get momma to give them another cookie! If they can't comply with the license it should be pulled and should never have been allowed in in the first place.

      More accurately, this demonstrates what any decent sysadmin already knew. The whole idea of providing security by a gateway is absurd. If Apple knew about the GPL code then likely this app would have been rejected as they seem to like working with that stamp. But it passed the lackadaisical and seemingly random approval process and no-one noticed.

      With Android and most other distribution systems (Steam, Impulse and so forth) developers are required to provide their own license agreements, so when EA distributes through Steam I don't just have the Steam T&C that I've already agreed to which governs how I use Steam, I also have the EA license agreement I need to agree to which governs how I use EA's software. Apple does not do this, by enforcing themselves as the sole distributor they have absolved the developers of developing their own license agreement. This is not the case with Apple's distribution system where Apple applies it's own license agreement before permitting applications to be distributed.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  19. Kill switch? by ThrowAwaySociety · · Score: 1

    The real question is, will they Kill Switch the app for those who have already downloaded it?

    That'd be a woefully ironic way of responding to the FSF's concerns about user's rights. "Oh, sorry, FSF. Just to show you how sorry we are, we'll remotely disable all copies of that app. That way, nobody will be left with a copy of the app that doesn't fully comply with the GPL terms. All better?"

    1. Re:Kill switch? by Duradin · · Score: 1

      What apps have they ever "kill switched"?

      I have apps that due to private api violations can no longer be downloaded from the store but continue to run quite well on my up-to-date touch.

    2. Re:Kill switch? by agbinfo · · Score: 1

      You seem to be under the impression that this would bother the FSF. If the FSF had wanted to release the application under the BSD license then that's what they would have done.

      The rights that the FSF are trying to protect are currently not protected. Remotely removing the application would have no impact on these rights.

      All better?

      No. All better would be if Apple changed their licensing terms. But not worst than the current situation either.

  20. If I read this right... by mattdt0 · · Score: 1

    I think it's less a question of the source code for the app needing to be available than it is that Apple wraps the app up in a container. Think of it like a filet mignon, a nice piece of steak wrapped up with a nasty greasy piece of bacon. The cow didn't put the pork into the steak, the restaurant did. I think the issue is that because Apple wrapped the app up in a sealed non-GPL compliant container, and then distributed it through the app store, without source code for the wrapper, they are the ones in violation of the GPL. Since the complete app is GPL code + Apple Wrapper, and since Apple is the one that adds the wrapper and sells the application...

  21. Re:Apple isn't stopping you from sharing the sourc by maccodemonkey · · Score: 2, Interesting

    Is Apple redistributing the Program or a derivative thereof? What's more they're relicensing it with a noncompliant license. I think we got a legitimate problem here ... If Apple wants to redistribute, they must provide a license to the consumer telling them how to obtain the source and notifying the consumer that they are free to copy, distribute or modify said Program (of course by the GPLv2 rules).

    As an app store developer, I can tell you Apple lets the developer supply the license, and it's embedded in the app store for your product.

    Because the developer supplies the license for the app store, this is really the developers issue again.

  22. From the Fine Article by watanabe · · Score: 3, Insightful

    The EFF details some ways that suggest to me that Apple will never be able to be in compliance with the GPL under their current terms and conditions. For example: GPLv2, Section 6:

    Each time you redistribute the Program (or any work based on the
    Program), the recipient automatically receives a license from the
    original licensor to copy, distribute or modify the Program subject to
    these terms and conditions.

    From EFF's dissection of Apple's Agreement:

    Section 7.2 makes it clear that any applications developed using Apple's SDK may only be publicly distributed through the App Store, and that Apple can reject an app for any reason, even if it meets all the formal requirements disclosed by Apple. So if you use the SDK and your app is rejected by Apple, you're prohibited from distributing it through competing app stores like Cydia or Rock Your Phone.

    I am not a lawyer, but I would say that together these mean that Apple is in violation of the GPL if it distributes GPL code through its app store; it either needs to waive those terms in 7.2 (hah!) or outright ban GPL'ed code in the app store.

    1. Re:From the Fine Article by BitZtream · · Score: 2, Insightful

      Section 7.2 may be restrictive, but the EFFs response is an attempt to confuse the issue. They are mixing Apples right to control the use of their SDK and store front and exclusivity with the distribution of the application outside the store.

      Violation or not, thats a clear attempt to mix in other parts of the EFFs agenda in an attempt to equate them to being one and the same, which they most certainly are not.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    2. Re:From the Fine Article by Jer · · Score: 1

      Not really. The GPL says you may place no restrictions on redistribution of source or binaries that have been licensed under the GPL. Apple places a restriction on redistribution of binaries - as in "you're not allowed to redistribute the binaries at all". Doesn't get more restricted than that. Therefore it's a violation of the GPL. It's pretty cut and dried, actually, and if the guy who ported the game had understood the GPL he would have realized it was a problem. A lot of people don't "get" the GPL and think it's just a source code license - it isn't. It covers far more than source.

      The solution is either Apple opens up their walled garden for GPL programs and allows redistribution OR Apple doesn't distribute GPL programs in the first place. I can almost guarantee with 100% certainty that Apple will choose the latter, because the GPL subverts their business model. What's more, the GPL was designed to subvert business models like Apple's - anyone who's read the essays that RMS wrote when the GPL was first being floated around knows that he built it with the specific intent that software developed under the GPL can't be contained by a single company/entity and must always be freely distributable so that no single entity has control over the source OR the binaries. If you don't like it, the alternative is to not sell GPL software. Everyone's always free not to use GPL software after all.

  23. The terms of service conflict by pavon · · Score: 5, Informative

    The GPLv2 section 6 states

    6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

    The iTunes Store Terms of Service section 10b states:

    b. Use of Products. You acknowledge that Products (other than the iTunes Plus Products) contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

    Usage Rules
    (i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
    (ii) You shall be authorized to use the Products only for personal, noncommercial use.
    (iii) You shall be authorized to use the Products on five Apple-authorized devices at any time, except in the case of Movie Rentals, as described below. ...

    Therefore distributing through the iTunes Store adds restrictions on use that are prohibited by the GPL.

    1. Re:The terms of service conflict by maccodemonkey · · Score: 1

      And those Terms of Service only apply to the binary version. Hence my question, because if the source code is freely available, you can load it on as many devices as you want.

      I honestly don't know if having just the source code available fulfills the license, hence my question.

    2. Re:The terms of service conflict by pavon · · Score: 1

      Yes, everyone who distributes the software must comply with the license every time they distribute it, binary or source.

    3. Re:The terms of service conflict by betterunixthanunix · · Score: 1

      It is in violation because the license for the software changes when it is obtained through the apps store. The GPL applies to the distribution of the software in both binary and source form -- you cannot distribute the binary under a proprietary license, even if you are making the source available under a libre license.

      --
      Palm trees and 8
    4. Re:The terms of service conflict by dissy · · Score: 1

      Therefore distributing through the iTunes Store adds restrictions on use that are prohibited by the GPL.

      Ok, I understand how Apple was distributing without authorization (Invalid GPL), and I understand how the iTunes store adds more restrictions.. But I don't see how you conclude the iTunes store is prohibited by anything in the GPL itself.

      In this case, yes, due to the source code problem. I mean in general.

      If I make an app and GPL license it, I can put the unsigned binary with source on my website (Maybe even submit it to one of the community app stores for jailbroken users too)
      Then I can submit that app to the iTunes store and distribute it that way. Lets say in my app is a '?' in the corner with an about page, with the URL to the app webpage I mentioned above.

      I would be fully compliant with the GPL, with nothing about the iTunes store there to stop me.

      There are other GPL applications in the iTunes store that are in compliance of both the GPL and Apples terms.
      (I can see how my above example might violate Apples terms, assuming I went with the community app store option)

      Or am I just not getting something?

    5. Re:The terms of service conflict by mmclure · · Score: 2, Insightful

      Or am I just not getting something?

      Yes - the Apple iPhone SDK rules also specify that if you build anything using it, you cannot distribute it through any means other than the App Store, therefore violating the clause of the GPL that says there can be no other restrictions on distribution (section 6 of the GPL version 2, section 10 of the GPL version 3.)

    6. Re:The terms of service conflict by zuperduperman · · Score: 1

      > Or am I just not getting something?

      The way I see it, Apple sends you a binary version of the product and you must have the right to redistribute and use *exactly that* binary version with no additional limitations. Not some other hypothetical binary version that may exist somewhere else - exactly that one that you received from Apple. So it is not "good enough" just to post some binary that you claim is equivalent and free of restriction. If you can't use Apple's one that way then they fail the GPL test.

    7. Re:The terms of service conflict by BitZtream · · Score: 1

      You just quoted the part of the store relating to music, not apps. Good job. There are a metric fuckton of apple endorsed for commercial use apps for instance.

      At least quote the right part of the agreement rather than random out of context quotes from unrelated portions of the agreement.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    8. Re:The terms of service conflict by Anonymous Coward · · Score: 0

      Someone better tell John Carmack

    9. Re:The terms of service conflict by pavon · · Score: 1

      He owns the copyright on Doom. He is allowed to release it under as many licenses as he wants. The fact that he released it under the GPL doesn't prevent him from releasing it under a proprietary license later (although he can't use modifications made by others without their permission).

    10. Re:The terms of service conflict by pavon · · Score: 2, Informative

      The definition of "Products" for the section I quoted does include software:

      1. Definition of the iTunes Store Service. Apple is the provider of the iTunes Store (the "Service") that permits you to purchase or rent (as applicable) digital content, such as sound recordings and videos (including movies and television shows), games, software, and ring tones, under certain terms and conditions as set forth in this Agreement. ...
      b. Security. You understand that the Service, and products transacted through the Service, such as sound recordings, videos (including movies and television shows), games, software, ring tones, and related artwork ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Apple and its licensors ("Usage Rules").

      You are correct that there is an additional license specific to the app store, so it is possible that this one only covers the old iPod games/software and not iPhone apps. I don't have a iPhone or App Store account so I'm not certain if the user has to accept both agreements, or just the one.

      Anyway, for completeness, the App Store terms of agreement has simular restrictions:

      b. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

      Usage Rules

      (i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement and the applicable end-user license agreement.

      (ii) You shall be able to store Products from up to five different Accounts on certain iPhone OS-based devices (including, but not limited to, iPad, iPod touch or iPhone), at a time.

      (iii) You shall be able to store Products on five iTunes-authorized devices at any time.

    11. Re:The terms of service conflict by Anonymous Coward · · Score: 0

      You are compliant
      Apple is not compliant.

      You are distributing to Apple in compliance with the GPL.
      Apple is distributing to their customers in violation of the GPL.

      You are not distributing anything through iTunes, not matter what you think. Apple is.

    12. Re:The terms of service conflict by Anonymous Coward · · Score: 0

      No. the "Products" in this section describes materials with iTMS' DRM, i.e., "security technology" on video and a subset of music.

  24. Who is on the hook? by nurb432 · · Score: 1

    Apple or the people that published it in the store?

    I vote the people.

    --
    ---- Booth was a patriot ----
    1. Re:Who is on the hook? by maxume · · Score: 1

      In theory both could be found to be infringing, but I doubt that any legal decision would be particularly harsh with Apple, unless it became clear they were doing it purposefully.

      --
      Nerd rage is the funniest rage.
    2. Re:Who is on the hook? by Anonymous Coward · · Score: 0

      There's also failure to do due diligence. Apple's most certainly guilty of that one. In all of their vetting process they do before allowing the app to be published, did they not do a step to verify that there was compliance with all the proper terms of licensing for the components? If not, they're obligated if they didn't at least do more than a token effort there.

    3. Re:Who is on the hook? by DragonWriter · · Score: 1

      In theory both could be found to be infringing, but I doubt that any legal decision would be particularly harsh with Apple, unless it became clear they were doing it purposefully.

      I wouldn't count on it; courts have more than once awarded substantial damages to anyone for merely redistributing copyright-violating material that they received from a third-party when they aren't the first copyright violator.

      And, you know, I'm sure that as such a case worked its way up on appeal, there are many big content owners (and industry groups representing copyright holders) that might be inclined to submit amicus briefs urging appellate courts not to create precedent that would be hostile to such awards.

    4. Re:Who is on the hook? by maxume · · Score: 1

      A key aspect of this situation is that it is hard for the FSF to claim huge damages when they are willing to give the source to anyone for $0.

      --
      Nerd rage is the funniest rage.
    5. Re:Who is on the hook? by Lehk228 · · Score: 1

      the DMCA sets statutory damages for software piracy

      --
      Snowden and Manning are heroes.
    6. Re:Who is on the hook? by gnasher719 · · Score: 1

      the DMCA sets statutory damages for software piracy

      It's sad when people don't know what they are talking about. DMCA is about software piracy _when an effective copy protection scheme was circumvented_. So unless you can point to some copy protection scheme that Apple circumvented, the DMCA says nothing. Statutory damages are between $750 to $30,000 _per title_ unless the FSF can show _willful infringement_ on Apple's part. So $30,000 is the limit. One the other hand, according to Wikipedia "defendants who can show that they were "not aware and had no reason to believe" they were infringing copyright may have the damages reduced to $200 per work".

      And as Psystar found out, Apple has better lawyers than Jammie Thomas had.

  25. I hope the GPL is challenged in court. by aristotle-dude · · Score: 0, Flamebait
    I hope that the viral and binary linking/packaging terms of the GPL are not only challenged but struck down as unenforceable because they attempt to bind third parties to a license which they did not agree to and attempt to usurp the copyrights of other parties.

    I have no problem with the FSF having a goal of keeping source code "free" but I do have a problem with license which attempt to "steal" or encumber the rights of other people.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
    1. Re:I hope the GPL is challenged in court. by Ironchew · · Score: 1, Flamebait

      If the distributors don't agree with the GPL, they don't distribute the program. Simple as that. The distributors are well aware of the license terms.

      I hope that the viral and binary linking/packaging terms of the GPL are not only challenged but struck down as unenforceable...I do have a problem with license which attempt to "steal" or encumber the rights of other people.

      I'm against the proprietary licenses that encumber the rights of the end-users. I hope that those are deemed unenforceable in the future.

    2. Re:I hope the GPL is challenged in court. by AvitarX · · Score: 2, Funny

      So your completely anti-copyright then?

      I don't know how someone making a copy, and collecting money for it is actually a third party, but I guess they could be.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    3. Re:I hope the GPL is challenged in court. by maxume · · Score: 1

      Those terms don't attempt to bind third parties to anything, they limit what third parties can do with the code released under the GPL.

      --
      Nerd rage is the funniest rage.
    4. Re:I hope the GPL is challenged in court. by Anonymous Coward · · Score: 0

      5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

    5. Re:I hope the GPL is challenged in court. by aristotle-dude · · Score: 1

      Those terms don't attempt to bind third parties to anything, they limit what third parties can do with the code released under the GPL.

      Apple is doing nothing with the code. They receive a binary from the developer.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    6. Re:I hope the GPL is challenged in court. by aristotle-dude · · Score: 1

      If the distributors don't agree with the GPL, they don't distribute the program. Simple as that. The distributors are well aware of the license terms.

      I hope that the viral and binary linking/packaging terms of the GPL are not only challenged but struck down as unenforceable...I do have a problem with license which attempt to "steal" or encumber the rights of other people.

      I'm against the proprietary licenses that encumber the rights of the end-users. I hope that those are deemed unenforceable in the future.

      End users don't give a crap about code or access to it. If your product requires modification of code in order to use it in another environment other than your own dev environment, end users will not touch it with a ten foot pole.

      The developer never notified Apple of the license terms of the code (which I believe to be partially unenforceable) so Apple is not bound by those terms when they receive the binary.

      If I download the binary of a GPL'ed program, I am not bound by the GPL one bit because it is not an end user or recipient license agreement for the binary. It only covers code.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    7. Re:I hope the GPL is challenged in court. by maxume · · Score: 1

      And all it requires Apple to do is stop distributing the binary now that they know the developer does not have the rights that they told Apple they had (probably on some form or by implication, I don't mean that some human at Apple ever even checked into it).

      The FSF, as the holder of the copyright, can take Apple to court to recover damages but the idea that the remedy would include Apple releasing any of their code borders on absurd.

      --
      Nerd rage is the funniest rage.
    8. Re:I hope the GPL is challenged in court. by PeterBrett · · Score: 1

      If I download the binary of a GPL'ed program, I am not bound by the GPL one bit because it is not an end user or recipient license agreement for the binary. It only covers code.

      Incorrect. It's been determined that since a binary is directly derived from the source code, the copyright holders of the source code also have copyright on the binary. The GPL covers both the source code and the binary.

      One of the privileges of copyright is exclusive rights to distribution of the copyrighted work. If you are not the copyright holder, you require a license to distribute it. The GPL is such a license, and controls distribution of code and of binaries compiled from that code. If you do not comply with the terms of the license (basically, 1) always make source code available, 2) let anyone use the program for any purpose and 3) give anyone you give the program to the same rights you did), then you have no permission to distribute the program.

      So if you download the binary of a GPL'd program, you are bound by the GPL. In practice, you can ignore the requirements of the GPL right up until the point at which you give a copy of the binary to someone else. (I'm deliberately ignoring the precedent that says that you must have a license to be allowed to make the copies within your computer's RAM required to simply run a program).

      Insert usual IANAL disclaimer here.

    9. Re:I hope the GPL is challenged in court. by PeterBrett · · Score: 1

      Those terms don't attempt to bind third parties to anything, they limit what third parties can do with the code released under the GPL.

      Apple is doing nothing with the code. They receive a binary from the developer.

      They still need to comply with the terms of the GPL. You really need to go read the license, read the FAQ (which clarifies many of the misconceptions under which you appear to be labouring), and possible read the article, then come back and see if you can actually contribute a post to this discussion that isn't factually incorrect.

      If you can't be bothered to do any of that, I think I'm going to have to assume you're a troll.

    10. Re:I hope the GPL is challenged in court. by aristotle-dude · · Score: 1

      I've read the licence but I'm saying that certain causes are potentially unenforceable towards the first party (developer) let alone any third parties. The viral nature of the license for example from even linking to code should be denied. That implies that the license can somehow overwrite the copyright of another author.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    11. Re:I hope the GPL is challenged in court. by PeterBrett · · Score: 2

      I've read the licence but I'm saying that certain causes are potentially unenforceable towards the first party (developer) let alone any third parties. The viral nature of the license for example from even linking to code should be denied. That implies that the license can somehow overwrite the copyright of another author.

      Listen, it's pretty bloody simple: as soon as you make a copy of a piece of software, you need to have a licence to make that copy. If you don't have a licence, you can't make the copy. That's the reason it's illegal to copy computer games and share them using BitTorrent or Gnutella. The only difference here is that the FSF is using copyright law backwards, to make sure that nobody tries to stop you from sharing their software with anyone you like.

      I don't know who you think is a "third party" in this case. The FSF wrote the software (first party); they distributed it to the "developer", who modified the software (second party); he distributed it to Apple (second party); Apple distributed it to end users (second party); the end users were prevented from distributing it.

      Everyone other than the FSF, who hold the original copyright, requires a licence to use and distribute the software. In this case, that licence is the GPL, and the GPL requires that everyone who receives a copy of the software is free to make copies of that copy and distribute them to others. Apple are giving copies of the software to end users, but making them sign contracts saying that they won't redistribute it. Apple are therefore breaking the terms of the licence, and can't distribute the software. This case has nothing to do with linking, and nothing to do with any allegedly "viral" nature of the GPL.

      Finally, no-one's forcing you to use GPL-licensed software. If you don't like the terms of the licence, either don't use the software, or wait until it comes out of copyright protection.

    12. Re:I hope the GPL is challenged in court. by akaLefty · · Score: 1

      So if you download the binary of a GPL'd program, you are bound by the GPL. In practice, you can ignore the requirements of the GPL right up until the point at which you give a copy of the binary to someone else.

      You can ignore them after that, too. You'll be in infringement though. Given that this was a program from which neither Apple nor the FSF got a penny of income, what exactly would the FSF ask a judge to do, other than remove the offending copy from the store (which they've already done)? A judge won't order Apple to "observe the GPL".

  26. This is reminscint of "Sita Sings the Blues" by Jah-Wren+Ryel · · Score: 5, Interesting

    The producer of the full-length, animated movie "Sita Sings the Blues" recently found herself in a similar situation.
    She had an eye-opening experience when she went to license the music in the movie (from the 1920s) and found out that it cost $50K for the rights and another $20K for the lawyers to do the clearance work - for recordings that are in the public domain (but the lyrics are not).

    Because of that she decided to release the movie under the Creative Commons Share-Alike license - which, I believe, is the version most like the GPL(and she also took out a loan for the music rights). The movie has been very popular, Roger Ebert raved about it, even the guys on his old TV show (now called "At the Movies") gave it high marks. So eventually Netflix came a-calling, they offered her something like $7K up front for the right to stream the movie. However, she insisted that they stream it without DRM and their system is just not set up to do that, it's like they never conceived of the idea of Free content when they designed it. Kinda ironic in retrospect because I'd be really surprised if, just like most of the interwebs, a whole lot of netflix's infrastructure didn't run on Free software,

    Anyway, she was willing to compromise - she would grant an exception to the licensing terms and they could DRM it, if they would run a placard at the start of the movie telling viewers that it was Free and where to get it from. No dice said Netflix. So she no dice too.

    So, my bet is that Apple goes the same way as netflix - unwilling to compromise because their world view has no room in it for Free software for regular users.

    BTW:
    Sita Sings the Blues - main site
    Download page - including bittorrent of a very nice 4GB 1080p mkv, also streaming from Youtube, etc
    IMDB Page
    Ebert's review

    --
    When information is power, privacy is freedom.
    1. Re:This is reminscint of "Sita Sings the Blues" by BitZtream · · Score: 1

      So, my bet is that Apple goes the same way as netflix - unwilling to compromise because their world view has no room in it for Free software for regular users.

      And the movies creator also has very little room in the world for DRM.

      Both are pushing their agendas on others and both are losing for it in this particular instance.

      If you want to push your own personal agenda's ... or be part of 'a movement' then you better be ready to accept you're going to get the short end of the stick most of the time.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    2. Re:This is reminscint of "Sita Sings the Blues" by Jah-Wren+Ryel · · Score: 2, Insightful

      And the movies creator also has very little room in the world for DRM.

      Both are pushing their agendas on others and both are losing for it in this particular instance.

      She's no more 'pushing her agenda' than anyone else is "pushing an agenda" who follows traditional copyright.
      According to the law, the rights are granted to the creator, not forced on her.

      --
      When information is power, privacy is freedom.
    3. Re:This is reminscint of "Sita Sings the Blues" by Burpmaster · · Score: 1

      You're pushing an agenda right now with that comment.

    4. Re:This is reminscint of "Sita Sings the Blues" by russotto · · Score: 1

      However, she insisted that they stream it without DRM and their system is just not set up to do that, it's like they never conceived of the idea of Free content when they designed it. Kinda ironic in retrospect because I'd be really surprised if, just like most of the interwebs, a whole lot of netflix's infrastructure didn't run on Free software,

      Anyway, she was willing to compromise - she would grant an exception to the licensing terms and they could DRM it, if they would run a placard at the start of the movie telling viewers that it was Free and where to get it from. No dice said Netflix. So she no dice too.

      I love it when scumbags are caught in a lie. Come up with a technical excuse and when presented with a perfectly reasonable alternative, reject it anyway -- proving the technical excuse was, if not outright untrue, nothing more than a smokescreen. Why should a placard saying the movie is free and available be different than an ordinary copyright notice or the annoying FBI warning? It's not like customers are going to feel cheated; Netflix streaming isn't pay-per-view.

  27. That isn't the violation by pavon · · Score: 1

    The problem is that the terms of service that you agree to when you use the app store places restrictions on how you use the application that are in conflict with the GPL: details. Thus Apple is violating the terms of service when they distribute the application, in a manner that cannot be resolved externally.

  28. They'll just pull the app by Anonymous Coward · · Score: 0

    This will probably lead to apple pulling the app, then banning any subsequent GPL apps from the app-store. As far as this not undoing the past infringement; I'd expect them to take a 'see you in court' attitude.

  29. Normal for the FSF, but not for anyone else. by Anonymous Coward · · Score: 4, Insightful

    It's normal for the FSF, but abnormal in the litigation-happy world of copyright law.

    Do you think that the RIAA is in the habit of asking nicely? Or the MPAA? Or maybe we should compare this to the bad blood of Viacom v. YouTube?

    - I Don't Believe in Imaginary Property

    1. Re:Normal for the FSF, but not for anyone else. by DragonWriter · · Score: 1

      It's normal for the FSF, but abnormal in the litigation-happy world of copyright law.

      Actually, its fairly normal everywhere: a cease and desist and/or a demand to satisfy the requirements of the copyright holder without first being sued usually precedes a lawsuit.

      Often, the copyright holder's only interest, however, is in money, so the initial demand is for money, and in amount approximately equal to the maximum the copyright holder thinks they could win in a civil action. The FSF however is interested primarily in promoting the distribution of software under specific terms, so its demands are often first for that rather than money.

      In either case, the demands are backed by the explicit or implicit threat of legal action.

  30. Re:No, seriously. The wrong people by ZachPruckowski · · Score: 1

    Bingo. If there's an incompatibility between Apple's license and the GPL, then the fault is that of the developer who made the port - he's the one who gave license to Apple to sell the game on his behalf under Apple's terms. If he didn't have the right to make that deal with Apple, he's the one who's at fault here.

  31. You're wrong. by glrotate · · Score: 0

    17 USC 106. Exclusive rights in copyrighted works

    Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
    (1) to reproduce the copyrighted work in copies or phonorecords;
    (2) to prepare derivative works based upon the copyrighted work;
    (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

    17 USC 501. Infringement of copyright

    (a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A (a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be.

    ----

    Your analysis is 100% incorrect. Apple is in violation of the copyright.

    Apple, or B&N as in your example, may may a contractual or common law right to indemnification from the upstream publisher, but distributing copyrighted items without permission is a violation of copyright.

    1. Re:You're wrong. by whisper_jeff · · Score: 1

      So, by your definition, printers would be liable for copyright infringement should a publisher using their services produce a copyright-infringing book, right? After all, they reproduce the work and distribute it - the sections you highlighted. I realize the case you're making is that Apple isn't just selling the product because they actually make it (in the digital sense) so, fine, I'll change my example from B&N and go to the printer instead.

      Now, ask yourself this - in a world where copyright holders are willing to sue everyone possible, including their customers - why hasn't a printer ever been sued for copyright infringement? Surely there are printers who have printed books that were infringing copyright - why haven't they been sued?

      So, again, Apple is not at fault. The developers are.

      If you want to hate Apple, there are plenty of reasons to justifiably dislike them. Making up reasons that aren't even vaguely founded in logic is pointless. Apple is not at fault. The developers are.

  32. A different restriction is the bigger problem. by Anonymous Coward · · Score: 2, Insightful

    > What's preventing the developers from posting source on their web site like the other GPL apps on the app store?

    It's not about the source (though I can't remember if there's another restriction where Apple prevents even that). It's about the downstream users losing their right to redistribute the iPhone application due to restrictions in the iTunes ToS. See section 7.2, for example, which says that the app can only be distributed by Apple.

    Can't do that with OSS. Can't take away people's right to redistribute.

  33. Re:No, seriously. The wrong people by HiThere · · Score: 1

    I think you need to reread the GPL.

    Doesn't mean it's Apple's fault, but the distributor is responsible for ensuring that the source is available. IIRC (I've never tested the boundary, so I don't remember it clearly) *EITHER* you distribute the source with each binary copy, or you must ensure that the source is available to anyone who desires it for seven years. The answer I've always found easiest is to just distribute the source with every binary.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  34. Not insightful by betterunixthanunix · · Score: 1

    Apple's developer agreement is in direction opposition to the GPL, so why shouldn't the FSF, which works to spread libre software, use this as a pretext for discussing the issue with Apple? Sure, Apple will probably ignore them, since Apple has absolutely no interest in the sort of user freedom the FSF is pushing, but at least they have a reason to contact Apple in this case.

    If you RTFA, you will notice the FSF has contacted the person responsible for putting the offending application in the apps store.

    --
    Palm trees and 8
  35. Not true by pavon · · Score: 1

    No license can impose additional restrictions on third parties other than developers taking the code and distributing a binary.

    Not true. From a legal point of view copyright law gives the copyright holder the exclusive right to distribute a work in any form. You must have permission to distribute the work, and if you are distributing the work in violation to the license, then you are infringing.

    The GPL does not apply to Apple anymore than it would apply to Walmart.

    In fact if Walmart sells a book that violates copyright they can be sued. In practice since it wasn't willful infringement the most likely outcome is that the judge will issue an injunction forcing them to stop distribution, but they won't have to pay any damages. The infringing publisher/author will get hit with the willful infringement charges.

    From a practical point of view, the FSF doesn't want the iPhone app to stop being distributed, they want the it to be distributed in a manner that satisfies the GPL. Since Apple is the only one who can chose to modify or make an exemption to their term of service to allow this, it makes since to contact them in addition to the app's author, which is what is happening.

  36. APPLE and GPL'd code by Registered+Coward+v2 · · Score: 1

    Don't they already distributes GPL'd code on apple.com - why can't they just make source code available the same way they do for what they distribute? They've been doing it a while so however it is handled must not have ruffled the FSF's feathers so, to paraphrase an email "GPL. No big deal."

    --
    I'm a consultant - I convert gibberish into cash-flow.
    1. Re:APPLE and GPL'd code by Anonymous Coward · · Score: 1, Insightful

      Maybe because they didn't write the app, and it's not their responsibility to do so.

      It's likely that Apple didn't receive the GPL terms from the developer, and they cannot knowing agree to something unless it's be delivered to them. In short you cannot breach a contract you did not agree to. The actual breach occurred when the developer "distributed" the software to Apple w/o providing a way to fulfill the terms on their own (as required by Apple's contract with the developer. Apple then distributed something that they believed the developer had given them rights to w/o other strings attached. The developer is on the hook for this, not Apple.

      I would bet the FSF doesn't want this to actually go to court because they are very likely to lose, despite the feelings of the "I'm a nerd so I know how the law should work, but am not lawyer" crowd on /.

  37. Re:Apple isn't stopping you from sharing the sourc by betterunixthanunix · · Score: 1

    Except that the users do not have the freedom to exercise their rights under the GPL, which include being able to redistribute modified versions of the software without limits or royalty payments. For a user of this application to modify it and redistribute the modified version to an unlimited number of persons, they would have to pay the developer fee that Apple demands, which at the very least is not in keeping with the spirit of the GPL, and may very well be a violation in and of itself.

    --
    Palm trees and 8
  38. GPL isn't attempting to "steal" anyone's rights by colinnwn · · Score: 1

    The GPL is a license to use someone else's code free of charge, but with requirements on how you are allowed to use it, to maintain the community and ecosystem of freely available software. It doesn't "steal" or encumber anyone else's rights, or attempt to usurp the copyrights of 3rd parties.

    If you violate the GPL and are caught, you will be required to come into compliance with the GPL in the method of your choosing, which can include stopping distributing your code that also contains GPLed code. The SFLC, FSF, or courts will not be able to terminate or alter the rights of third party code based on it at one time being included with GPL code.

    If you don't own all the code that creates your application, or can't obtain a compatible license, plain and simple don't reuse others GPLed code, write it yourself. There is nothing in the GPL that should or can be struck down. It's all about whether the user of the GPL license used it correctly and legally. There exists a version specifically addressing your concern, and it is called the LGPL. Ask the author of that code to move it to LGPL if s/he can.

  39. Re:Apple isn't stopping you from sharing the sourc by maccodemonkey · · Score: 1

    Except that the users do not have the freedom to exercise their rights under the GPL, which include being able to redistribute modified versions of the software without limits or royalty payments. For a user of this application to modify it and redistribute the modified version to an unlimited number of persons, they would have to pay the developer fee that Apple demands, which at the very least is not in keeping with the spirit of the GPL, and may very well be a violation in and of itself.

    Not entirely true. For distribution, they can jailbreak, which is warrantee voiding, but legal, and can be done by anyone who owns an iDevice.

    Modification does not require a fee.

  40. Re:Apple isn't stopping you from sharing the sourc by betterunixthanunix · · Score: 2, Insightful

    Except that by obtaining the software through the apps store, they are agreeing to a license that stipulates that they can only use the software on a limited number of approved devices. That screams "GPL violation," although my understanding of the law might not be complete enough to make that assertion; at the very least, it is completely opposed to the spirit of the GPL.

    --
    Palm trees and 8
  41. Since when does the FSF stoop to MAFIAA tactics? by Suzuran · · Score: 0, Troll

    Claiming that distribution sites are responsible for content posted by third parties is a tactic used by the RIAA and MPAA and their ilk.
    The FSF should be better than to do this.

    This is the fault of whoever submitted the app, not Apple.

    FSF, Shame on you!

  42. Apple Says iPhone Jailbreaking is Illegal by gbrayut · · Score: 3, Informative

    Jailbreaking an iPhone constitutes copyright infringement and a DMCA violation, says Apple in comments filed with the Copyright Office as part of the 2009 DMCA triennial rulemaking. This marks the first formal public statement by Apple about its legal stance on iPhone jailbreaking.

    Link to full article on EFF

  43. Apple is not like Best Buy by DragonWriter · · Score: 2, Informative

    So if Best Buy sold you a disk with GPL breaking code, you can sue Best Buy for distribution?

    Probably not since, given the doctrine of first sale, Best Buy doesn't need a copyright license to distribute a physical copy they have purchased in good faith from a vendor, so they don't need the GPL's permission to sell their copy.

    Apple, OTOH, is transmitting a new digital copy to each purchaser, which does require either a legal privilege that trumps copyright (e.g., fair use, which pretty clearly doesn't apply here) or permission from the copyright holder. Insofar as the FSF is the holder of copyright in material included in an app on the App Store, and licenses it only under the GPL, the GPL is the only basis on which Apple can claim to have the required permission.

    1. Re:Apple is not like Best Buy by Brownian+Motion · · Score: 1
      This is really the analogy that you're going with? I know that it's technically true: Apple does indeed transmit a new digital copy each time someone purchases an app. But it not really the essence of what Apple does.

      A developer submits an app, and verifies that they have the right to do so. Apple then sells the app for them, and collects the money, takes their cut for running the store, and then sends the money along to the developer.

      In this case, Apple is selling the bits it got "in good faith" on consignment.

      It's no more possible for Apple to confirm that the copyright is correct on all these items, than it is for YouTube to police all it's videos. And, unlike YouTube, Apple has a contract with the developer, and knows exactly who should be held responsible.

      Similarly, if Apple sold a song through iTMS, that a publisher gave to it, I don't see any reasonable method for Apple to know if the rights are correct on it.

      BTW, this will be true for Any electronic download service (XBOX, PS3, Amazon for music/tv), etc.

      And it's true for any store. Best Buy is ok to sell the same illegal bits because they are affixed to a physical media?

    2. Re:Apple is not like Best Buy by DragonWriter · · Score: 2, Insightful

      This is really the analogy that you're going with?

      No. You seem to be confused. There is no analogy being used. I'm not saying what Apple is doing is analogous to copying, I'm saying it is copying, and that copying is, under copyright law, an exclusive right under copyright (unlike distributing existing copies) and, therefore, unlike distributing existing copies does require a copyright license or an exception to copyright if you aren't the copyright owner.

      Apple does indeed transmit a new digital copy each time someone purchases an app. But it not really the essence of what Apple does.

      Yes, it is. Making and distributing electronic copies is the essence of what an internet software, music, etc. distribution service does.

      It's no more possible for Apple to confirm that the copyright is correct on all these items, than it is for YouTube to police all it's videos. And, unlike YouTube, Apple has a contract with the developer, and knows exactly who should be held responsible.

      YouTube, because -- unlike Apple's store -- it allows user-submitted content without a preliminary review, benefits from the DMCA safe harbor provision. Apple, by assuming the right to control what content is put into the App Store through an advance review process, doesn't benefit from the DMCA safe harbor and is, consequently, legally responsible for assuring that the content posted doesn't violate copyright.

      If it decides to not include sufficient review to determine that in its review process -- something which it could do -- then it accepts the risk that it is exposed to for doing that.

      And it's true for any store. Best Buy is ok to sell the same illegal bits because they are affixed to a physical media?

      The bits aren't illegal. The act of copying the bits is illegal.

    3. Re:Apple is not like Best Buy by akaLefty · · Score: 1

      Apple simply relied on Robota Softwarehouse's statement that there were no legal impediments on the sale of the program, a stipulation Robota had to make as a precondition to getting it placed on the store. Apple acted in good faith; that Robota misled them is not their fault, and isn't actionable as long as Apple does what it can to remedy the situation (i.e. removing the app from the store) when they're properly notified of the infringement.

      The FSF certainly can't claim that they were harmed by this infringement, or that Apple profited by it. Nobody ever paid either Apple or the FSF a red cent for GNUgo.

  44. Re:Amazing...ly confusing analogy by Tetsujin · · Score: 1

    Just goes to show you the amazing lengths spoiled children will go to to get momma to give them another cookie! If they can't comply with the license it should be pulled and should never have been allowed in in the first place.

    You totally lost me with your cookie analogy. Perhaps an analogy involving cars might work better?

    I don't think anyone really expected this issue to be resolved in any way other than the removal of the app in question from the iTunes store. But even if something you hope for is unrealistic, there's nothing wrong with asking, you know? It's a long shot if you do ask, but it's a 0% chance if you don't ask.

    --
    Bow-ties are cool.
  45. Re:No, seriously. The wrong people by PipsqueakOnAP133 · · Score: 1

    Then explain the WRT54g and Android phones why the kernel source isn't in the box?

  46. Clone and Port by Anonymous Coward · · Score: 0

    Please use each word correctly. A clone would be a rewrite of some app with similar functionality. A port is a change to an existing source base allowing it to run on another platform. A very important distinction when it comes to copyright stuff.

  47. Re:No, seriously. The wrong people by iggymanz · · Score: 1

    no, copyright law doesn't work that way: apple (as well as the developer) is still in violation of copyright law and can be sued

  48. Apple is not like Walmart by DragonWriter · · Score: 1

    Apple distributes something (a zip file) which includes an App licensed under the GPL written by an Author who provides said zip file to Apple to distribute.

    Walmart distributes something (a router) which includes an App (Linux kernel) licensed under the GPL produced by an company (Linksys) who provides said router to Apple to distribute.

    To me: A store sells an object licensed under the GPL produced by another party.

    So.... how's Walmart not an acceptable analogy?

    A zip file is not an "object" that the retail vendor receives from a supplier. It is a copy that the vendor creates of information that they are provided by a supplier.

    Insofar as the information is covered by copyright law, producing the copy requires permission of the copyright holder (or an express exception to copyright, like fair use) -- hence the name "copyright" which consist primarily of the legal right to make copies -- this is different from the distribution of original physical objects that you have received from a supplier, which need no such license (as is made clear by the doctrine of first sale.)

    1. Re:Apple is not like Walmart by akaLefty · · Score: 1

      You're just making this up as you go, aren't you? It requires the express permission of the copyright holder, or the holder of a valid license to the copyright. Robota represented themselves to Apple as having a valid license to the copyright, as well as having "used FOSS code appropriately".

  49. hey gang by nimbius · · Score: 1

    my money is on the app just "getting pulled." we're talking about a company that controlled the means of production, distribution, and development for an entire generation of computers and now seeks to do nearly the same with their modern generation of appliances and marketplace. The marketplace is too delicate and too critical to let some movement or politics get in the way, so the quickest means to shut this concern down here is to simple remove the app and pretend this never happened.

    I also wouldnt be surprised if apple decided to resurrect one of their classic 2GS series versions of 'go' for the marketplace.

    on the developers side would it piss me off to have my cool app pulled for something like this? sure, and hey if i were pissed enough its not like i couldnt show the droid community a really cool version of go.

    --
    Good people go to bed earlier.
  50. Dumb "Imaginary Property" jab by forii · · Score: 0, Troll

    Anyone who mocks "Intellectual Property" as "Imaginary Property" while supporting the GPL must be completely clueless.

    The GPL benefits from the concept of "Intellectual Property" just as much as any other license. If you don't think that "Intellectual Property" is a valid concept, fine (although you've probably never created anything that someone else would want to put their name on), but it's inconsistent to be anti-Intellectual Property and pro-GPL.

    1. Re:Dumb "Imaginary Property" jab by Improv · · Score: 2, Interesting

      Not really, it's just pragmatic. The GPL leads the world closer to where it would be without intellectual property protections. Those of us who don't respect intellectual property lose nothing substantial by the GPL's terms - we ignore the mechanisms as we would any other license. Practically, we gain in that the "encumberance" in the license is for things we consider illegitimate, and the people who believe in IP find the board begin to tilt towards where we wanted it to be in the first place. We already have a big enough viral amount of software to exist comfortably - if we can get the GPL on enough things (and eventually abandon the LGPL) and make it so useful as to be indespensible, we'll be able to have the next best thing to real IP abolition, and on the way we'll sink enough money out of the pro-IP industry (at least in software) to make it easier to fend off legal and other threats. That's the idea, anyhow.

      I can understand why people might be uncomfortable with the idea of using mechanisms that we don't think should exist - it's murky waters in most cases, particularly in politics. In this case, it's almost entirely benign because the license terms don't take away anything we think people should have in the first place. To repeat a nice quip,

      The "freedom to encumber" works is like the "freedom to punch someone"... They are both 'freedoms' that only exist at the expense of others. -- Gregory Maxwell

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
  51. "We don't do OSS". by Anonymous Coward · · Score: 0

    "We don't do OSS".

  52. Why yes, you do by pem · · Score: 1

    Hey, I gave someone a Linux ISO once, does that mean I have to host (or otherwise make directly available from me) the source code for them if they ask me?

    Yes, according to both a close reading of the license, and the FSF's FAQ. In fact, according to a close reading of the license, you were probably in technical violation of the license as soon as you handed out the copy without a written offer of source.

    1. Re:Why yes, you do by zeroshade · · Score: 1

      Technically you must only provide clear directions on where to obtain the source from and take steps to ensure that the source is available for as long as you continue to distribute the ISOs. You do not actually have to supply the code yourself, as long as you can provide a way to obtain it in whatever way is requested.

  53. Re:No, seriously. The wrong people by pandrijeczko · · Score: 1

    It has to be "made available", it does not have to be in the physical box. It can be made available on a web site somewhere.

    Also, there is absolutely no problem with running proprietary apps or drivers on an Open Source system, as long as those apps or drivers do not make any direct use of Open Source code. Parts of Android are, I believe, proprietary, and that's fine.

    --
    Gentoo Linux - another day, another USE flag.
  54. FSF stands for software freedom by jbn-o · · Score: 5, Informative

    The FSF almost invariably tries to contact companies and take a non-litigious approach first.

    Quite right, the FSF has a history of contacting people first and silently arranging compliance.

    Their goal is to promote OSS and they can do that a lot better by contacting companies and convincing them to comply and contribute, rather than costing those companies cash out of pocket and making them scared of OSS in future.

    Actually the Free Software Foundation's goals have nothing to do with "OSS" (open source software) and should not be confused with that movement's goals. The FSF predates the open source movement, the Open Source Initiative, and the FSF is appropriately critical of the open source movement's goals. People from the FSF (most notably Richard Stallman) are the principal authors of the GPLs, and Stallman makes a sharp distinction between the free software movement (which he founded) and the open source movement. You can find clear descriptions of that difference and practical consequences of that difference in almost any of his talks online or the essay I linked to.

    1. Re:FSF stands for software freedom by Anonymous Coward · · Score: 0

      Judean People's Front? We're the People's Front of Judea!

  55. How do they know anyway? by Anonymous Coward · · Score: 0
    Oh, because the developer says so http://soupdogsoftware.com/igo/

    uses GnuGo, an open source game engine. Source code is available.

    And on the fucking App Store page, it even says where: http://www.gnu.org/software/gnugo/. So where is the problem?

  56. if I were the developer by Anonymous Coward · · Score: 0

    I'd just post the source code ( with the iPhone specific code ) on a website, and note it in the App to make it compliant.
    The set of people who would use the source code and know how to compile it in X code, or even bother and jailbreak their phone is probably pretty miniscule vs people who would just buy the dang thing for $0.99.

  57. Yes, but there was no C&D letter either. by Anonymous Coward · · Score: 0

    Per the TFA, they did NOT send a C&D letter or any other legal demand.
    They WANT Apple to keep distriuting it.

    We're back to "abnormal for anyone but them," I think.

    - IDBIIP

  58. Correction by DannyO152 · · Score: 1

    Upon reflection, if it was a paid app, Apple would refund the entirety of the purchasers' money to them and not turn over any proceeds to the copyright holder or the FSF. I regret that I didn't think that through prior to posting.

  59. Re:Since when does the FSF stoop to MAFIAA tactics by BitZtream · · Score: 0, Troll

    While I entirely agree with your point, I'm utterly amazed you haven't been moderated into oblivion yet with 200 'shut up you apple apologist!!@$!@$!' replies.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  60. Apple's Censorship of the App store by spacklewoof · · Score: 1

    Their Censorship of the App store makes them responsible for the content. They cannot say "We control everything that gets sold, but we're not responsible for it." BIG grey area, IMHO. Plenty of legal wiggle room for both the developer and apple to get screwed. Whether or not the FSF will sue an individual or corporation or both is up to them.

    1. Re:Apple's Censorship of the App store by 99BottlesOfBeerInMyF · · Score: 1

      Their Censorship of the App store makes them responsible for the content.

      Every publisher is responsible for what they publish.

      They cannot say "We control everything that gets sold, but we're not responsible for it."

      No, nor can other publishers. What Apple can do is say, "we did not know the person submitting it did not own the rights to the code but was sublicensing. So we're an innocent infringer, pulled it as soon as we were notified, and liable only for real damages, not punitive damages going forward.

      Plenty of legal wiggle room for both the developer and apple to get screwed.

      Well, they both have legal liabilities, the former more than the latter.

      Whether or not the FSF will sue an individual or corporation or both is up to them.

      The FSF must have standing, i.e. own the code or be acting as an agent of the copyright holders. The FSF never sues over infringement unless it is willful and the company in question refuses to make changes to come into compliance. They notified Apple and the developer and Apple already acted.

  61. Re:Apple isn't stopping you from sharing the sourc by cynyr · · Score: 1

    nope, apple distributed(sent from apple server to device) the binary, they provide that info to the user, and must not restrict the users use of the binary any further or in ways that violate the GPL.

    --
    All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
  62. Re:No, seriously. The wrong people by Anonymous Coward · · Score: 0

    Why don't you go and troll somewhere else? Fucking fanbois and their bullshit.

  63. Quandry by donny77 · · Score: 1

    I wonder how much knowledge the FSF has of the situation. Are they acting on their own, or is one of the authors involved? Who submitted the App? If it was the "authors" they are in their right to dual license their code. There can be a GPL and non-GPL version. The non-GPL version doesn't suddenly become GPLed. Based on their letter, this seems like an evangelical rant against Apple.

    "We believe that people should be allowed to use their computers however they like, whether the devices are shaped like laptops, cell phones, or tablets."

    If the FSF believes in freedom, shouldn't I have the freedom to steal their code without attribution? Copyright gives the GPL teeth and it should be respected. Just like authors should have freedom over their works, hardware vendors should have freedom over their platforms, regardless of what others think is right. Apple will pull the App and have no liability. I question what motives the FSF had in this.

    1. Re:Quandry by dido · · Score: 2, Informative

      In case you didn't read the summary, the project in question is GNU Go. Just in case the 'GNU' before the project name didn't tip you off, the copyright blurb for that program is: 'Copyright 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009 by the Free Software Foundation.' Yes, indeed the FSF actually writes code. Who woulda thunk? A snowball will freeze in hell before we see the FSF dual-license any of their own code just to make this sort of accommodation. They have been staunch idealists since 1984.

      I seem to remember that the FSF actually tangled with Steve Jobs before (in his NeXT days), and won, and so we have a Free Software Objective-C compiler:

      Consider GNU Objective C. NeXT initially wanted to make this front end proprietary; they proposed to release it as .o files, and let users link them with the rest of GCC, thinking this might be a way around the GPL's requirements. But our lawyer said that this would not evade the requirements, that it was not allowed. And so they made the Objective C front end free software.

      And so to this day Apple's developer suite includes a modified version of GCC, for which they provide the sources in compliance with the GPL.

      The FSF's motive in this action, as in everything they do, is the promotion of the Free Software ideology. They see it as an opportunity to get Apple to ease the draconian restrictions they impose on the App Store. Now, Apple is free to impose whatever restrictions it likes, but if they're not careful, they can step on other people like this. That's the downside to being platform dictator. Apple can possibly weasel around the GPL violation they seem to be guilty of by directing the action to the developer somehow. If they can't do this, and go to court, and lose (which is not outside the realm of possibility since they imposed additional restrictions in violation of section 6 of the GPLv2 which applies to GNU Go 3.6 and below, or section 10 of GPLv3 which applies to GNU Go 3.8), the FSF will have gotten a bunch of cash for their troubles. If Apple settles and eases restrictions, that would be even better for the FSF's mission. No one yet has been motivated enough to actually fight the FSF in court over a GPL violation, but if it comes to that Apple just might, given that what's at stake here is their business model for the App Store. It will be interesting to see how this develops.

      --
      Qu'on me donne six lignes écrites de la main du plus honnête homme, j'y trouverai de quoi le faire pendre.
  64. Here's the world's smallest violin... by Anonymous Coward · · Score: 0

    Aww, how cute, look at the two apple-users sucking each other off.

    Fuck the both of you. This is not about who did what or who is responsible. It's bigger than that. Some things are more important than the facts, and this is one of them. This is about freedom, whether you like it or not. One day when you grow up and start using real computers with real software you'll understand.

  65. Section 6? by Anonymous Coward · · Score: 0

    You have to be joking. Are they really claiming that because the app store is locked down, someone can't actually run a recompiled version, that they are violating the GPL? There is nothing stopping you getting the same hardware as an iphone, coding a compatible OS and running it on that hardware.

    The FSF are appauling in the way they stretch every little term and word. This is even worse than the last GPL topic that claimed that the person had to provide the compiler, IDE, toolchain etc....

  66. Re:Since when does the FSF stoop to MAFIAA tactics by itsdapead · · Score: 1

    Claiming that distribution sites are responsible for content posted by third parties is a tactic used by the RIAA and MPAA and their ilk.

    But the stuff on the App Store isn't "posted by third parties" - its posted by Apple, after being vetted and approved by Apple and the money is collected by Apple. Apple are running the stall - the problem with MAFIAA is when they go after the guy who just owns the table.

    Its the difference between a newspaper accepting classified ads for cars, and a newspaper starting its own car dealership.

    Now, that's a fine line with ISPs and (particularly) torrent-finder sites (some of which were plainly positiond as tools for illegal copying, others were not) but Apple sit very clearly on the "responsible" side of it.

    This point seems to be lost on people who protest about the "freedom" of the App store: Apple are first in the firing line for any problems with the App, and they're a big fat litigation/negative publicity target.

    Plus, it sounds like FSF has just informed Apple that they are infringing. They haven't made them a generous "settlement" offer under threat of legal action.

    --
    In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  67. Re:No, seriously. The wrong people by PeterBrett · · Score: 1

    Then explain the WRT54g and Android phones why the kernel source isn't in the box?

    I recently bought a Netgear ADSL modem. In the box there was a piece of paper informing me of how to obtain the source code for the Free software used in the modem firmware. This constitutes a "written offer to supply the corresponding source" and thus it complied.

    I recently bought a Nokia N900 mobile phone. In the box... etc.

  68. Change Plaintiff to RIAA by Anonymous Coward · · Score: 0

    Change Plaintiff to RIAA:

    RIAA: They shared 24 Songs!
    Jammie: I've stopped!
    RIAA: Pay use one hundred billion dollars!
    Judge: Yup, go and do that, Jammie or I'll chuck you in jail!

  69. Apple IS doing something: adding an EULA by Anonymous Coward · · Score: 0

    Apple IS doing something: adding an EULA. And the GPL which covers the binary in the same way as the Apple copyright on source code covers their Operating System, doesn't allow someone to do that.

  70. Err... by Ranma-sensei · · Score: 1

    And who was it again to have said Microsoft was evil and Apple good?

    --
    Non-supporter of Online Activation and any other draconian DRM
  71. Re:Since when does the FSF stoop to MAFIAA tactics by jabbathewocket · · Score: 1

    Not so much.. you are trying to say that by exercising whatever "policing" an ISP may do for objectionable content (even if its only malware/phishing sites) on its network, that now the ISP/Hosting company is responsible for making copies/providing all support for GPL code on the internet?

    Please think before you type, then read the license a few times, and then goto the FSF website and read their take on the GPL and how it applies to various entities.. then come back and post again

  72. Re:Since when does the FSF stoop to MAFIAA tactics by itsdapead · · Score: 1

    Not so much.. you are trying to say that by exercising whatever "policing" an ISP may do for objectionable content (even if its only malware/phishing sites) on its network

    Apple doesn't "police" the App Store for abuse: they individually evaluate and approve each App on a whole raft of content and quality issues before they upload it. They enter into a licensing agreement with the author and, in many cases, collect money from custmers, keeping a wodge for themselves. That's very different from an ISP or public FTP server acting as a "common carrier" and deleting offending material as and when they discover it. Apple are actively distributing software, they're responsible, and its up to them to make sure they have the correct permissions and/or get the author to indemnify them.

    and then goto the FSF website and read their take on the GPL

    OK.

    From the GNU FAQ:

    The general rule is, if you distribute binaries, you must distribute the complete corresponding source code too. The exception for the case where you received a written offer for source code is quite limited.

    What exception? From the GPLv2

    3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

    (snip)

    c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

    So, if Apple distribute the binary, Apple are responsible for distributing the source - unless you think the Apple App Store is "noncommercial".

    --
    In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  73. you're too slow! by Weezul · · Score: 1

    Apple has already pulled it! ;)

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  74. Works for me by DrYak · · Score: 1

    I do respect Open Office and have used it at certain times in my life, but for school reports, Open Office did not have the TOC

    OpenWriter Window : "Insert" -> "Indexes and Tables" ->"Indexes and Tables..."
    Insert Table/Index Window: "Index/Table" tab -> "Type" dropdown -> "Table of Content" (selected by default)

    Then just use the correct styles ("Title 1", "Title 2", etc...) when writing and the table will auto-magically work.
    You have a couple of default layouts. Then, if you want you can customise it by editing style and selecting them (which *show up as entry* in the index, as well as which *are used to write* the index).

    The only difference, it that you can't directly edit or write the index, it's a read-only object, that you manipulate through styles (but I find that behaviour more logical to the one I've seen in the last version of Word I've tested).

    TOF

    Same window (... ->"Indexes and Tables...")
    Insert Table/Index Window: "Index/Table" tab -> "Type" dropdown -> "Table of Objects"
    or ... -> "Illustration Index" (depending on what you need to achieve)
    (Illustration is for pictures-only, Object is for pretty much anything embeded)

    Same customisations as with other tables.

    page numbering

    "Insert" -> "Header" or ... -> "Footer".
    Then
    "Insert" -> "Fields" -> "Page number" ... and other fields, to your liking.

    You can have separate left/right right pages by editing Page's style if you want :
    - The "Default" style has a single layout.
    - For more elaborate solution you could use "First page" (no header/footer) for your title, then "Left page" and "Right page" set up to chain to each other in an alternate manner. Each with page number on the outer lower corner, title in top left on left page, author name on top-right on right page.

    section break

    "Insert" -> and either "Manual break" or "Section" depending on what you want to achieve.

    formatting options that worked well enough for those reports.

    I don't really see what wasn't "well enough" for you.
    For me this basic level of formating turned out to be more than enough through university for myself and my brother.

    Not only that, but it came with a varied array of advantages: 100% gratis (whereas even the most recent arrangement with Microsoft only covers MSO for employees like teaching-assistants), 100% open, with an embed PDF exporter since ages (MSO didn't have one back then), and using an open format which could easily be implemented by other software and turned later as an ISO-approved open standard (as opposed to Microsoft's offering whose latest iteration still isn't 100% compatible with their own ECMA-approved standard).

    The only point where I find OOo lacking is that the grammar module is an external java plugin, and doesn't support yet the "as-you-type-squiggly-line" correction as the spell-checker does.

    If you really want something more powerful, maybe you should get time to investigate some "What You See Is What You Mean" editor that separates structure/content from appearance/layout, like the LaTeX based LyX. This isn't such a big jump if you've correctly learned to use "styles" when formatting your documents.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Works for me by travisco_nabisco · · Score: 1

      I appreciate the post, however as I mentioned it wasn't that they items didn't exist, it was that they didn't function in a way that was efficient for my usage at the time.

      Since this was 4 years ago my recollection is that whenever I added as section or moved headings or images around, the updated TOC, TOF often ended up with incorrect page numbers, so I had to read through my entire report every time I edited it to ensure that the contents were accurately reflected in the TOC, and TOF. Time was too valuable when doing my engineering degree, so I found a tool that ended up saving me time.

      I will readily accept that Open Office might fill my needs at this time, however I own a copy of MS Office that I am completely happy with, which was used a lot for school and very little now.

      It doesn't hurt that I really don't to any document editing at home now other than resumes every few years. When my copy of MS Office no longer is up to date or fills my needs, I will happily consider all alternatives, but until that time, it work fine for me.

  75. Who is restricting whom? by Anonymous Coward · · Score: 0

    Wait, whose licensing terms are restricting whom here? I don't have a pony in this race, but I think it's at least worth asking.

  76. Re:Since when does the FSF stoop to MAFIAA tactics by jabbathewocket · · Score: 1

    Your again reading too much into the distribution entity, which is legally the person who created and allows to be distributed the code, NOT the physical means of distribution.

    The "distributor" of the binary, is the person who does the initial distribution NOT the actual place you downloaded said code/binary from.

    Until you realize/recognize/understand who the various terms apply to and how, this argument will go on forever. LEGALLY in this case ITUNES is exactly the same as walmart, bestbuy, ingram micro, or any other retailer/distributor of physical devices. We can argue about the basic incompatibility of the IPHONE/IPOD/IPAD SDK- the itunes connect agreement (for distribution of apps created with the sdk) and the Itunes end user license.. but they are not related to the issue that everyone here seems to be jumping on related to distribution..

    As much as everyone here likes to bitch and moan about itunes "approval" of apps, trust me.. the very same thing happens at EVERY single retailer in the world.. or every store everywhere would sell every product. Picking and choosing what you sell, is in no way "accepting liability" for what a vendor you buy from does or doesn't do with regards to copyright.

    If you want to think things through logically, the GPL and the various apple licenses (sdk for idevices in this case + others on the apple side) ARE INCOMPATIBLE.. in short before there was a distribution issue, there was a violation of the SDK terms by an attempt to combine incompatible code in an illegal manner by the person who took the original GPL code and created a derivative work using apple's code in the SDK..

    In short apple was the victim of the developer who tried to cheat the 2 licenses together, before any sort of infringement in distribution could have happened. And even that implies that somehow "apple" acting as itunes is a distributor under the license which they are not, any moreso than there is legal standing versus sourceforge, or any number of websites hosting open source projects and creating copies of same.. the only remedy under the license is to "remove the offending code" when it is brought to their attention.

    In short dreaming and hoping and praying is not gonna change the license to say stuff that it does not say, or somehow create liability where none exists. The day that retailers are involved in copyright violations by vendors, will be new case law, and is not likely to suddenly appear now, after more than 200 years of long established precedence when dealing with this sort of thing.

    Again, if you cannot wrap your head around the fact that "physical objects" such as routers, tv's, cellphones, and the like are not copies under the license.. then compare instead to the established laws relating to music /movies/books which are all direct copies of works, which may or may not contain copyright violations.. and are as a general rule created by 3rd parties (or 4th parties in the case of dvds, or better still streaming/downloadable content with drm)

    If an author/director/movie studio makes a copyright infringing work, there is *no* legal wrongdoing on the part of the distribution/manufacturing 3rd parties or even first party who do the copying.. as the infringement was done in the compilation of the original work. The only time copyright is applied to the finished material as a copy.. is in regards to other entity (such as a website/pirate who sells dvd in hongkong/malaysia) who copies the entire work without permission from its author and resells it.. AND EVEN THEN the pirate is only liable for copying the compilation, not for any root violations such as not licensed music or images used in the work)

    In short.. if i use the latest pop songs in my movie, and do not get the rights to use them.. i am the violator of copyright.. (the legal entity that owns the work that violates).. if the movie is then copied 40,000 times for distribution to movie theaters worldwide.. the film that the 3rd part

  77. The app can contain it's own emaiiable source by Anonymous Coward · · Score: 0

    Solution: It would be easy enough for the app to contain it's own emailable embedded project .
    This would make it GPL compliant by providing an easy means for the app to distribute it's own source code.

    This is what AppDNA does for OSX.
    http://habilis.net/appdna/

    -Jean Mac developer since 1986