[vlc-devel] [LEGAL] Apple ToS updates

[Roger Pack]

Perhaps you could ask apple if they think the GPL is incompatible with
their license?
-r

On Tue, Mar 27, 2012 at 11:51 AM, Jean-Baptiste Kempf <jb at videolan.org> wrote:
> Hello,
>
> It has been a long time since my last analysis about the Apple Store
> ToS, so here is a new one.
>
> tl;dr: it is a lot better, but some usages are not clear.
>
> So, Apple changed a lot its legal pages and updated them during the last
> few weeks and months, starting in last December (IIRC)
> The important part for the iTunes Store is:
> http://www.apple.com/legal/itunes/us/terms.html It applies both to the
> MAS and the iOS AppStore.
>
>
> First, in LICENSE OF MAC APP STORE AND APP STORE PRODUCTS, we still have
> the following:
>
>    Your license to each App Store Product is subject to the Licensed
>    Application End User License Agreement set forth below, and you
>    agree that such terms will apply unless the App Store Product is
>    covered by a valid end user license agreement entered into between
>    you and the licensor of that App Store Product (the “Application
>    Provider”), in which case the Application Provider’s end user
>    license agreement will apply to that App Store Product.
>
> Which means that the default EULA does not apply to a GPL product on the
> AppStore. That was the fact before and is still the case.
>
>
> The second problematic part was about the Usage Rules, because it is
> written, in http://www.apple.com/legal/itunes/us/terms.html#APPS, that
>
>    You agree that the App and Book Services and certain App and Book
>    Products include security technology that limits your use of App and
>    Book Products and that, whether or not App and Book Products are
>    limited by security technology, you shall use App and Book Products
>    in compliance with the applicable usage rules established by Apple
>    and its principals (“Usage Rules”), and that any other use of the
>    App and Book Products may constitute a copyright infringement.
>
> The important part is that you "agree that (something) limits your use
> of the Application ... according to the Usage Rules". Which could be
> problematic with the paragraph 0 of the GPL, if the Usages Rules are too
> limiting. (limite votre utilisation des Produits à certaines règles
> d’utilisation in French)
>
>
> Usage Rules
>
> The first thing that hit me is that the Usage Rules are now way more
> simplified and clear. The translated versions in French, German and
> Italian are coherent with the english one. The use of "may" and "shall
> be able to" are strictly separated. And the limitation of 5 Devices is gone.
>
> For MAS and iAS, the first 2 rules are:
>
>   i) If you are an individual acting in your personal capacity, you may
>      download and use/sync an application from the xxx App Store for personal,
>      non-commercial use on any device/Mac Computer that you own or control.
>
>   ii) If you are a commercial enterprise or educational institution,
>       you may download and use/sync an App Store Product for use
>       by either (a) a single individual on one or more iOS Devices/Mac
>       Computer used by that individual that you own or control or
>       (b) multiple individuals, on a single shared iOS Device/Mac
>       Computer you own or control.
>
> Those 2 rules are consistent and explain clearly an authorization and
> not an absence of interdiction (checked with translations).
>
>
> The third rule about MAS speaks about the need of an AppleID, but this
> is more an information than a rule and does not limit anything in any
> way. It is not relevant here.
>
> Similarly, the third and fourth rules about iAS are also more informative
> than restrictive. The use of "you shall be able to" and the translations are
> coherent with it.
> The third rule is an information that you can only store applications
> from 5 different accounts on a device. This is an OS and Device
> limitation and not a limitation per se of the application.
> The fourth rule is an information about manual synchronisation only
> possible on the first synchronised iTunes. This is an iTunes limitation
> and not a limitation per se of the application.
>
>
> The limitation of deployment of an app on 5 devices, which was the 5th
> rule is gone. (I grepped "five device" and "5 device" in the whole document).
> The 3rd and 4th rules are quite different from the ones that were
> previously there.
>
>
> Still, what about other cases of usage than i) and ii) ?
> Non-Profit organisation, like VideoLAN? NGO? Are those in the ii) case?
> States and other state companies?
> Individual doing commercial work (does that case even exist legally?)
> Something else I forgot?
>
>
> To me, and as far as I have re-read it, this is the main point blocking.
> It was that in the past, and Rémi mentionned it, and it is still the same.
>
> ToS say that some control can limit your usages but some usages are not
> expressly allowed. Sure, the Usage Rules are not limiting anything
> anymore, but still, I am not sure it is enough...
>
>
> Best regards,
>
> --
> Jean-Baptiste Kempf
> http://www.jbkempf.com/ - +33 672 704 734
> Sent from my Electronic Device
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