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Google Apps License Forbids Forking, Promotes Google Services

Sockatume writes "If you want to ship a phone with Google's apps on it, you need to license them. A copy of the OEM licensing agreement from 2011 was recently leaked, and Ars Technica provides a summary. Amongst the rules: a company licensing Google Apps can't act in a way that would fragment Android, but must also maintain the platform's open-ness; most of Google's services must be included; Google apps must be defaults, and placed within a couple of clicks of the default home screen. No surprises, but it's interesting to see the details laid out."

29 of 163 comments (clear)

  1. Antitrust by aphor · · Score: 4, Interesting

    Tying apps to phones might be illegal by Sherman Act: using dominance in mobile device OS market as leverage in the device app market.

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    --- Nothing clever here: move along now...
    1. Re:Antitrust by CTalkobt · · Score: 4, Insightful

      They're not tying it to the phone. They're tying it to the permission to utilize the Android trademark and to utilize the Google Apps. Think of it this way, "Here's a box of screws. If you want to use my hammer, then you need to use my wood also." "If you don't want to, go elsewhere." is fine and no lumber yard would run into anti-trust issues over it. (Might run out of customers however due to nature of the business).

      --
      There's a gorilla from Manilla whose a fella that stinks of vanilla and has salmonella.
    2. Re:Antitrust by Anonymous Coward · · Score: 5, Funny

      "Here's a box of screws. If you want to use my hammer, then you need to use my wood also."

      If you're using a hammer for screws, you're doing it wrong.

    3. Re:Antitrust by geekoid · · Score: 2

      It does not. Of course the Sherman act isn't a law, so you can't violate it as such. It's what and when the government should look at trust issues.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Antitrust by ZombieBraintrust · · Score: 2
      From looking at wikipedia the Sherman act doesn't say that. I think your thinking of the Clayton Anti-Trust act. The Clayton act made illegal

      sales on the condition that (A) the buyer or lessee not deal with the competitors of the seller or lessor ("exclusive dealings") or (B) the buyer also purchase another different product ("tying") but only when these acts substantially lessen competition (Act Section 3, codified at 15 U.S.C. 14);

      Here Google isn't doing A(exclusive dealings). They are allowing other peoples apps on the phone. They allow competing search and location providers. They just require that Google be the default. They are "tying" different product together. It is possible to argue that this substantially lessens competition.

    5. Re: Antitrust by sexconker · · Score: 4, Insightful

      The analogy to Internet explorer ties breaks down when you consider that Google allows the system to be used without they're apps.

      Google doesn't allow their apps to be used without Android.
      You can't legally get Google's apps on AOSP anymore. You're forced to pay for Android and forced to enter into branding and whatever other bullshit agreements they tie you down with before you even have the option of buying the Google apps to include on your device. The apps are separate from Android, and this is trivially demonstrable. To require the purchase of the OS and agreement to all the encumbering contractual stipulations before one can buy the separate apps is anticompetitive once you show that the OS and apps are separate and represent separate markets. Google is desperately trying to maintain control over Android in the face of Amazon and Samsung (who are more than willing and capable of forking AOSP and going their own way, and both of whom have their own app stores).

      Google is using their apps as leverage to keep Samsung on Android and to keep Amazon's Kindle OS shitty and gimped (no Google apps, no Play Store).
      It's the same reason why Amazon lets Kindles and iPhones access Amazon Prime Instant Video, but not Android.

      Imposing artificial restrictions upon one product or service in order to prop up another separate product or service is bullshit, even if it's a company you happen to give free analingus to.

    6. Re:Antitrust by Animats · · Score: 3, Interesting

      The official position of the U.S. Department of Justice is squishy-soft on antitrust enforcement on tie-in sales. This is partly in response to the "U.S. Court of Appeals for the D.C. Circuit's 2001 decision in United States v. Microsoft (the Internet Explorer/Windows tying case) which rejected application of the per se rule to "platform software," thereby "carving out what might be called a 'technology exception' to that rule.

      What's killed the effectiveness of the Clayton Act is Justice Department policy on "economic analysis". The economic argument is that allowing monopolies to achieve economies of scale is good for the consumer. Read the DoJ position statement linked above, especially the sections on "prosecutorial discretion", to see this.

  2. Time Bombs by chaim79 · · Score: 3, Interesting

    Google calls out implanting "any viruses, worms, date bombs, time bombs, or other code that is specifically designed to cause the Google Applications to cease operating" as being banned in approved devices.

    It's both interesting and very sad that this has to be spelled out in a license agreement, makes me think that they've run into OEMs purposefully building 'bombs' to keep people buying new phones.

    --
    DEMETRIUS: Villain, what hast thou done?
    AARON: Villain, I have done thy mother.
    Shakespeare invents 'your mom'
  3. Re:Gee, just fork it. by Kenja · · Score: 4, Funny

    You're right, the Apple license to allow me to use iOS and Apple apps on my own phone brand is MUCH more open. At least according to my unicorn lawyer.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  4. Re:Wait, what? by Kenja · · Score: 5, Informative

    Android is based on Linux. The Google apps are not. Despite what some people claim, not everything written for a GPL operating system must be open source.

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    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  5. Re:Wait, what? by Grantbridge · · Score: 4, Insightful

    All of Android is open source, except Google Play/Market, Gmail app, Google Maps, etc If you want your phone to have the Google App store, then you need to obey their terms and conditions. Just because the OS is open source doesn't mean any program which runs on it has to be. There are plenty of non GPL programs available for Linux! An android phone WITHOUT access to Google app store, Google Maps, Calender, Gmail etc isn't going to be much use to the majority of Android users. This is how Google controls Android.

  6. Re:Wait, what? by DdJ · · Score: 2

    Wasn't Android derived from Linux?

    Not in the sense you probably mean, no.

    The Android kernel is a Linux kernel. That part is true. But, a Linux kernel is far from sufficient for building an Android device or running Android apps.

    Google is not placing these restrictions on that part. The use of the Linux kernel does not spread virus-like to random other components of the distribution, so has pretty much no bearing on the stuff under discussion.

    In practice, Android is not very open right now, and is very deliberately becoming less open over time. (This has both advantages and disadvantages.)

  7. Re:Gee, just fork it. by Anonymous Coward · · Score: 2, Insightful

    You're right, the Apple license to allow me to use iOS and Apple apps on my own phone brand is MUCH more open. At least according to my unicorn lawyer.

    He said HONEST not OPEN

  8. Re:FFS the "Don't be Evil" ship sailed years ago by geekoid · · Score: 2

    I think you need to get over it. You seem hostile. Nothing in this agreement can be construed as 'evil' by any rational person. In fact, there are clauses specifically in there to prevent others from being 'evil'.

    BTW: It's that language that makes women uncomfortable, grow up.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  9. Re:First post? by bondsbw · · Score: 4, Insightful

    What about the ability to unlock the bootstrapper? My Motorola phone, which came out while Motorola was owned by Google, doesn't allow me to unlock the bootstrapper. No exploit exists, so no CyanogenMod for me... and Motorola's last OS update was to 4.1.2 over a year ago, and I purchased the phone with that version.

    I don't see how you can say there is a requirement to "maintain the platform's open-ness" when the company you own doesn't keep their devices open.

    --
    All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
  10. You don't have to have google apps in your droid. by queazocotal · · Score: 4, Informative

    http://www.jolla.com/ - for example - is one example of a vendor selling a phone that can run android apps - on top of 'normal' linux - without preinstalling the normal google play market. (because they can't - as what they are doing in making the linux side more open means it's not vanilla android anymore)

  11. Slow day? by aergern · · Score: 3, Insightful

    Why is this news? This has been known for a very, very long time.

    Android is Android and Google apps are Google's apps.

    I guess folks really are as stupid as they appear.

    --
    Tell me what you believe...I'll tell you what you should see.
  12. Re:Gee, just fork it. by cduffy · · Score: 4, Informative

    You are free to use the Darwin Kernel and make your own GUI.

    ...just as you're free to use AOSP without any Google Apps, and make your own mail reader / app store / etc.

    And AOSP is one heckuvalot more than just a kernel.

  13. Re:I just wish you could uninstall Google apps... by jareth-0205 · · Score: 2

    I just wish you could uninstall Google apps...even Microsoft allows you to skinny up its default OS installs nowadays.

    You can disable them, they don't get removed from the phone but they also don't run.

  14. Re:Wait, what? by gutnor · · Score: 4, Insightful

    The list of exception is rather significant: the missing apps are also the foundations of the API other apps uses. So you are not just missing out on the Google App Store and a few standalone apps, but all the API related to those apps too - which a very exhaustive list.

    When people say "Android is open-source" that is not what they have in mind. In practice Android is open source like OSX is open source (Darwin), sure you get the foundations of a great system, but none of the shiny bits. So rather than a walled garden, you have a fenced garden. If you want freedom you need to look at Firefox and Ubuntu.

    Have a look at the following doc for detailled discussion: http://arstechnica.com/informa...

  15. Re:What Google apps _do_ people really care about? by mspohr · · Score: 2

    Here's a list of about 100 Android apps which use Open Street Map...
    http://wiki.openstreetmap.org/...

    And, of course, navigation:
    https://play.google.com/store/...

    --
    I don't read your sig. Why are you reading mine?
  16. Re:Hey, Google... by CCarrot · · Score: 4, Insightful

    People complain when there's fragmentation, people complain when there's an effort to prevent it.

    The platform is still open, but Google's services and ownership of the Play store is not. You can make an Android phone, fork it and do whatever you want, but if you want to run it on the Play store and Google Maps, whatever, you have to agree to the rules. Those rules, by the way, do a hell of alot to standardise and make the platform stable for developers.

    Some people won't be happy until everything is completely gratis and uncontrolled, and we'll end up with the same mess we had with Symbian.

    Fair enough, at least for the 'no forking' stipulation, but the whole requirement to pre-install all google apps if one only wants access to, say, the Play Store? And the mandatory submission of *very* granular sales data? How, exactly, do these stipulations contribute to platform stability?

    I fail to see how it is different from the whole hullabaloo with Microsoft and Internet Explorer, the outcome of which was:

    Lawsuits brought by the U.S. Department of Justice, 18 states, and the District of Columbia in two separate actions were resolved through a Consent Decree that took effect in 2001 and a Final Judgment entered in 2002. These proceedings imposed various constraints on our Windows operating system businesses. These constraints include limits on certain contracting practices, mandated disclosure of certain software program interfaces and protocols, and rights for computer manufacturers to limit the visibility of certain Windows features in new PCs. We believe we are in full compliance with these rules. However, if we fail to comply with them, additional restrictions could be imposed on us that would adversely affect our business.

    So, here we see MS originally taking the hard-line approach, then being forced to allow vendors to 'bury' Windows-specific features in favor of their own offerings. True, most new Windows PCs still ship with IE pre-installed and ready to go, but it's no longer up to MS to dictate that it shall be so.

    --
    "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
  17. Re:First post? by mellon · · Score: 2, Troll

    Why'd you buy a phone that couldn't be rooted? And why are you blaming Google? I'm sorry if this sounds callous, but seriously, I don't get it. I don't buy iPhones because they are a closed system. I don't buy locked Android phones because they are hard to update. What led you to decide to buy a locked phone when unlocked phones were readily available?

    As for the App issue, it's actually extensively rebutted in the comments to the article. Bottom line: Ars Technica clickbait.

  18. Re:First post? by mellon · · Score: 2

    Jolla? You know you wanna. :)

    That really sucks—sorry!

  19. Re:What Google apps _do_ people really care about? by hax4bux · · Score: 2

    Google maps will not work without Google Play

  20. Re:FFS the "Don't be Evil" ship sailed years ago by BronsCon · · Score: 2

    First of all, I linked not just to one website, but to four. Second, yes, I know some people are offended by it; in fact, pick something, anything, doesn't matter what, and I bet I can find at least a handful of people who are offended by that thing. If we all go out of our way not to offend, we literally accomplish nothing, because we have to literally do nothing in order to not offend anyone, which, of course, someone is going to find offensive. Follow?

    Where was the gender implication in bazmail's use of the word? There was none; in fact, while bazmail may not have been using it in the playful and friendly way it is often used in Ireland (no gender implied, there, either), there was also no vulgarity behind its use. One of three commonly accepted (American) english definitions for the word is "a term used to refer to a contemptible person" (note the late of gender); there is nothing vulgar implied there, and that is the definition which best fits the context of this usage. In some cultures, it's actually used as a slang term for addressing a friend, or group thereof.

    Yes, if you want to be a cunt (e.g. "a mean or obnoxious person") and pretend it's nothing more than a vulgar reference to a woman's reproductive organs, I agree, it's quite offensive. Personally, I'd much rather meet you and the rest of that bunch of cunts (e.g. "the kind of people one might go have a beer with") for a beer, though, so I can better explain how your narrow world view and lack of understanding lead you to observe grievous offenses where, in fact, there are none. Then, I can be done using that word for a while.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  21. Re:Hey, Google... by CCarrot · · Score: 2

    I guess linux isn't open becasue I can put Windows kernel code in it.

    Indeed, but would you then try to claim that the Windows code is open source, because you put it on an open platform? Also, are you only allowed to put your Windows kernel on a specific distro?

    Android base (AOSP) is open. Android with Google is not. Simple, really.

    --
    "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
  22. Re:So google = Apple by CCarrot · · Score: 2

    Google = Apple with that closed stance

    Well, I wouldn't go so far as to say that...but the trend is definitely towards MS territory, at least.

    "Here's a shiny mobile platform, completely open! Oh, and to effectively use it, you'll just have to agree to this list of conditions and restrictions to get access to our API's, kk? What!?! It's still open, we just dictate how and when and where our stuff is used...and hey, 3/4 of the ecosystem for this platform is dependant on these API's, so c'mon, what're you waiting for..."

    --
    "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
  23. Take a break from Slashdot Fantasy World by vlueboy · · Score: 2

    Why'd you buy a phone that couldn't be rooted?

    • In the real world, people walk into a store with no research whatsoever and blow money for what's got fame and good marketing, even if it sucks. Or did we forget that there ARE Zune, windows 8 and Windows Phone lovers on this site?
    • In the real world, alternatives do not exist for everything. See the HD-killed-high-res-screens debacle. See the hardware-keyboards-smartphones-are-scarce standard
    • In the real world, you buy devices that cannot be rooted or unlocked because it's a pain to leave your carrier, (we're not Europe), there's network effect (aka peer pressures ... how did Facebook become so big?), and premiums aren't everyone's cup of tea.

    That you stop to interrogate this one user as if he'd violated some law shows just how blinding self-selection becomes... you've forgotten that we don't sign a contract to follow all these tenets you hold unthinkable to ignore. Just because we are slashdotters does not mean we're ALL zealots.