[vlc-devel] Windows Store Terms and conditions

[Jean-Baptiste Kempf]

Hello,

An interesting question was raised, so here is my reading of the
situation.

On 17 Nov, Rémi Denis-Courmont wrote :
> Publishing on the Windows store is a different story. I don't think the terms 
> are compatible with the VLC trademark policy, and am not convinced that they 
> are compatible with the LGPL.

LEGAL
Part 1:
http://windows.microsoft.com/en-us/windows/store-terms-of-use

In section What are my rights for apps I get from the Windows Store?

"All apps made available through the Windows Store are licensed, not
sold, to you."

Normal for software.

"In most cases, that license includes the right to
install and use your app on up to five Windows 8 enabled devices
simultaneously. If you try to install an app on more than five devices,
it may be deactivated automatically from one of these devices, so
that no more than five instances are activated at any one time."

5 device limitation, for most cases. This needs clarification for what
other cases are. (see the bottom of this mail)

"In limited circumstances, such as when a publisher designates the app
as eligible for use on only a certain type of device, apps might not
install on other types of devices."

Publishers can be assholes or have not ported to ARM or whatever
stupidity we add later on, on our devices.

"We provide the name of the app provider licensing each app, which may
be Microsoft or a third-party app provider."

Microsoft will always tell you the name of who actually licenses the
application.

"All apps are licensed to you under the "Standard App License
Terms" at the end of these Terms of Use, unless the provider of an app
provides you with access to separate terms or agreements in the app
listing page, in which case those terms will apply."

Either there is a correct licence, or we force our broken terms.

"Those terms might also include a privacy policy. The app publisher is
the seller and licensor of the app."

Microsoft is not the seller or licensor, they act as a store.

"When a third party is the app provider, Microsoft is an agent of the
third party that provides the app to you, but we aren’t a party to
the license between you and the app provider, and our privacy statement
doesn’t apply to treatment of information you might exchange with
the app provider when using the app. In such cases, Microsoft isn’t
responsible for the app or its content, your use of the app, any
warranties or claims relating to the app, or customer support for the
app."

Microsoft is not responsible for 3rd party apps, and does not apply neither
its terms of conditions nor privacy policy, if there is a license.

"But your relationship with Microsoft and your use of the Windows Store
will still be governed by Software License Terms for your Windows
operating system and these Terms of Use. Because Microsoft processes the
app purchase or, in some cases, the in-app purchase transaction as the
agent of the seller, you might see Microsoft listed as the seller on
sales records."

But even if it is the case, the Microsoft Store software and Microsoft
software are govern by Microsoft SLT.


The rest is not about apps, and then their SLT which is clearly not open
source, because of the section 3 that forbids the 3 main liberties.


Part 2:
http://msdn.microsoft.com/en-us/library/windows/apps/hh694058.aspx
APPLICATION DEVELOPER AGREEMENT

g. License to Customer for Windows Store apps.

"You, not Microsoft, will license the right to install and use each app
to customers. You may provide a license agreement to the customer for
your app."

Same as above, restated as a provider PoV.

"That license agreement or other terms that govern a customer’s use
of your app (including any privacy policy), or a link to them, must
be delivered to Microsoft for publication via the product description
materials you provide to Microsoft."
You must share the license to MS,

"If you do not provide such materials, then the
Standard Application License Terms, attached as Exhibit A, will apply
between you and customers of your app."

or the SLT will apply, automatically.

"If you provide your own license agreement, your license must, at a
minimum,"

Your license must allowed, at minimum (so more can be allowed):

"(a) permit the customer to
download and run the app on up to five Windows 8 enabled devices that
are associated with that customer’s Microsoft account, without payment
of any additional fees to you (from either Microsoft or customer),"

At least 5 devives.

"(b) include "disclaimer of warranty" and "limitation on and exclusion of
 remedies and damages" sections that are at least as protective as
 Exhibit A"

 10. DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW,
 (A) THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS
 AVAILABLE" AND YOU BEAR ALL RISK OF USING IT; (B) THE APPLICATION
 DEVELOPER, ON BEHALF OF ITSELF, MICROSOFT (IF MICROSOFT IS NOT THE
     APPLICATION DEVELOPER), AND EACH OF OUR RESPECTIVE AFFILIATES,
 VENDORS, AGENTS AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES,
 GUARANTEES, OR CONDITIONS IN RELATION TO THE APPLICATION; (C) YOU MAY
 HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS
 AGREEMENT CANNOT CHANGE. APPLICATION DEVELOPER AND MICROSOFT EXCLUDE
 ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF
 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
 NON-INFRINGEMENT. 

Usually "NO WARRANTY"

"(c) disclaim any support services from Microsoft and the
customer’s device manufacturer and network operator (if applicable)."

Be clear on support services.

"Your license terms must also not conflict with the Standard
Application License Terms, in any way, except if you include FOSS,
your license terms may conflict with the limitations set forth in
Section 3 of those Terms, but only to the extent required by the FOSS
that you use. "FOSS" means any software licensed under an Open Source
Initiative Approved License."

Your license should be compatible with the SLT, except if you include
FOSS, in which case you can violate the part of the SLT that disallow
reverse engineering, decompile, that is listed here:

    work around any technical limitations in the application;
    reverse engineer, decompile or disassemble the application,
    except and only to the extent that applicable law expressly
    permits, despite this limitation;
    make more copies of the application than specified in this
    agreement or allowed by applicable law, despite this
    limitation;
    publish or otherwise make the application available for
    others to copy; or
    rent, lease or lend the application.

----- tl;dr

So, your usage are not limited; except you cannot use the application on
more than 5 devices, unless clearly specified by the license. That
might need an extra clarification.

You can reverse engineer, decompile, disassemble the application, make
more copies of the application, publish, distribute, rent, lease or
lend, as long as you are FOSS.

--

Technically, a contrario from what Microsoft is trying to explain
people, WinRT applications are Win32 applications, that have artificial
limitations imposed by the Windows Store submission process.

They are usually linked to MSVCR110 for standard calls, which is a major
component of the operating system on which the executable runs.
Those applications don't ship anything else than the usual executables
and a few .xml crap.

Best regards,

-- 
Jean-Baptiste Kempf
http://www.jbkempf.com/ - +33 672 704 734
Sent from my Electronic Device