[vlc-devel] Formal complaint - censorship

Pierre d'Herbemont pdherbemont at free.fr
Tue Oct 26 15:26:28 CEST 2010

Thanks Remi.

2010/10/26 Rémi Denis-Courmont <remi at remlab.net>:
> On Tue, 26 Oct 2010 14:49:13 +0200, "Pierre d'Herbemont"
> <pdherbemont at free.fr> wrote:
>> Could you try to work with me on a compromise? Either be explicit in
>> what you would expect to be changed. Because (and I have been looking
>> for this) there is nothing factual about GPL license violation in the
>> AppStore. So without additional explanation I will take the GPL
>> complaint as being nothing more than a troll.
> This is all explained here. You will need to pass the page through
> political filtering though:
> http://www.fsf.org/news/blogs/licensing/more-about-the-app-store-gpl-enforcement
> From the AppStore terms (be careful not to read the iTunes terms on the
> same page):
> "Apple is the provider of the Services that permit you to license software
> products and digital content (the “Products”) for end user use only
> under the terms and conditions set forth in this Agreement." Already there
> is a contradiction since you cannot license GPL software products for /end
> user use only/.
> "(...) you shall use Products in compliance with the applicable usage rules
> established by Apple and its principals (“Usage Rules”)"  This is a bit
> confusing because the only usage rules (as far as AppStore is concerned)
> seems to be PERMISSIONS (to install on this many device and blablabla)
> rather than RESTRICTIONS. Then again, the intent from Apple is to forbid
> anything not explicitly allowed. Thus this would seem to be incompatible.
> Anyway, continuing...
> "a. Scope of License: This license granted to you for the Licensed
> Application by Licensor is limited to a nontransferable license to use the
> Licensed Application on any iOS-based device (including but not limited to
> iPad, iPhone, and iPod touch) that you own or control and as permitted by
> the Usage Rules set forth in the App Store Terms and Conditions (the
> “Usage Rules”). This license does not allow you to use the Licensed
> Application on any iOS-based device that you do not own or control, and you
> may not distribute or make the Licensed Application available over a
> network where it could be used by multiple devices at the same time." This
> sets GPL incompatible restrictions again.
> "You may not rent, lease, lend, sell, redistribute, or sublicense the
> Licensed Application." That creates yet more invalid restrictions.
> "You may not copy (except as expressly permitted by this license and the
> Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive
> the source code of, modify, or create derivative works of the Licensed
> Application, any updates, or any part thereof (except as and only to the
> extent that any foregoing restriction is prohibited by applicable law or to
> the extent as may be permitted by the licensing terms governing use of any
> open-sourced components included with the Licensed Application)." This is
> however probably OK thanks to the open-source exclusion clause.
> "i. The laws of the State of California, excluding its conflicts of law
> rules, govern this license and your use of the Licensed Application. Your
> use of the Licensed Application may also be subject to other local, state,
> national, or international laws." As far as I know, choice of venue clauses
> are also GPL-incompatible restrictions, since the GPL does not require the
> user to obey any laws other than the local ones.
> --
> Rémi Denis-Courmont
> http://www.remlab.net
> http://fi.linkedin.com/in/remidenis
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