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FSF takes on Apple's App Store over GPLFSF takes on Apple's App Store over GPLPosted Jun 10, 2010 20:12 UTC (Thu) by bcs (subscriber, #27943)In reply to: FSF takes on Apple's App Store over GPL by armijn Parent article: FSF takes on Apple's App Store over GPL
It doesn't matter whether Apple distributes only one copy to the user, or over nine thousand: the GPL prohibits Apple from putting additional legal restrictions on any of them. The user has to have the freedom to make whatever additional copies of the software they want. But section 9(c) of the Terms of Service says: "You agree that your license of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules...." (Emphasis added.) And one of those Usage Rules (9(b)(iii)) specifically imposes a limit on your copying: "You shall be able to store Products on five iTunes-authorized devices at any time." Regardless of how Apple's distribution is modeled, the copy or copies that the user receives are unquestionably restricted from further copying, in violation of the GPL.
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FSF takes on Apple's App Store over GPL Posted Jun 10, 2010 20:24 UTC (Thu) by armijn (subscriber, #3653) [Link]
Thanks for pointing this out. The terms of usage say that to *USE* the products you have to agree the terms of the license. It does not say anything about copying, so it does not restrict your rights under GPLv2, since usage is outside the scope of the license. From GPLv2:
"Activities other than copying, distribution and modification are not
FSF takes on Apple's App Store over GPL Posted Jun 10, 2010 20:27 UTC (Thu) by armijn (subscriber, #3653) [Link]
Argh, brain faster than fingers. What I meant to say is that to use it you have to agree with the terms of service, not the terms of the license.
FSF takes on Apple's App Store over GPL Posted Jun 10, 2010 20:42 UTC (Thu) by martinfick (subscriber, #4455) [Link]
Correct, usage does not fall under the GPL2, it falls under standard copyright. Apple does not own the copyright so it cannot add terms of usage on software it does not own the copyright to (just as Best Buy may not dictate how you use your copy of MS Windows purchased there). Apple may demand that you add usage terms to your copyright if you desire to distribute your program via their service. But, random users attempting to distribute GPLed software via Apple's service cannot agree to this for other copyright holders.
FSF takes on Apple's App Store over GPL Posted Jun 10, 2010 21:40 UTC (Thu) by johnsu01 (subscriber, #34757) [Link]
The ToS says you can store the software on 5 approved computers.
Copying the software yourself as permitted by the GPL would require storing it on a 6th (possibly unapproved) computer.
The ToS says you are not permitted to do anything outside of the listed rules.
Copying it to a 6th computer is outside the listed rules.
Which of the above do you take issue with?
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