GPL and applications in the Android Market: any hints?

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geometer

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Mar 11, 2010, 4:38:14 PM3/11/10
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Hi All,

I found an interesting application for the Android:
http://www.androlib.com/android.application.org-tritone-aliceinwonderland-zlibrary-ui-android-imDi.aspx

In short that is a closed-source paid application that is "based" on
the FBReaderJ code. "Based" means this application just contains an
FBReader code inside. :) An application is available from the Android
Market.

Do you have a hint what I can do in such case? We're close to release
a new version for Android and I don't like to see clones of the
program in the Market.

Thank you in advance,

-- Nikolay

B. Alexander

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Mar 11, 2010, 4:42:43 PM3/11/10
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Can you send them a C&D based on the GPL? If their app is "based" on FBReaderJ, and they modified it, under the GPL, aren't they obligated to release the source?


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Kevin Carr

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Mar 11, 2010, 4:47:24 PM3/11/10
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With GPL, they have to make their source code available to customers.  The pieces it is bundled with, aka, the book, is not part of what needs to be released, though.  The fact they are charging for it, is not something you can really do anything about, as long as they make the code available.

You could force them to make the code available so you can see anything they did to make it proprietary, but you would have to buy a copy first.  If they say you can't have the source code, then you can force the issue from there.

I used to be the Dev lead on the Documentation project for OpenOffice.org.  We got this question all the time.
 

Tobias Koeck

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Mar 11, 2010, 4:47:23 PM3/11/10
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> Can you send them a C&D based on the GPL? If their app is "based" on
> FBReaderJ, and they modified it, under the GPL, aren't they obligated to
> release the source?
Yes they are. If they don't obligate send an email to the gpl
violations website ...

Chris Clark

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Mar 11, 2010, 4:54:48 PM3/11/10
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IANAL :-)

A C&D would only make sense if they violated the GPL. It isn't clear to
me at the moment if this is a violation yet unless someone who was given
(bought) a binary has been denied access to the code.

Yes they are obligated to release source code to anyone who receives the
binaries.

GPL does not prevent someone charging for the application. However if
someone is distributing a binary (based in GPL code) to someone, they
should be given access to the code (either the code is shipped with the
binary or the user can ask for it). In this case it seems reasonable to
assume the whole application is GPL based on the fact that the bulk of
the code is FBreader.

The question boils down to is the code for this application closed or
not (after you get the binaries)? If some one pays 2 dollars and then is
denied the code that is a GPL violation.

I would contact Huyusa
http://www.androlib.com/android.developer.huyusa-jAFA.aspx and find out
their intent. They may intend to release code to users with binaries if
asked. If they do not then one would assume you can contact the store
http://www.androlib.com/contactus.aspx and complain that they have
violated the terms of your license agreement. There are clauses in the
GPL about a complete lose of use of the code once this happens but I'm
hazy on specifics of that.

EFF are a good resource to check in with. There are a number of faqs on
the GPL around; http://www.fsf.org/licensing/licenses/gpl-faq.html

Chris

B. Alexander wrote:
> Can you send them a C&D based on the GPL? If their app is "based" on
> FBReaderJ, and they modified it, under the GPL, aren't they obligated
> to release the source?
>
> On Thu, Mar 11, 2010 at 4:38 PM, geometer <geom...@fbreader.org
> <mailto:geom...@fbreader.org>> wrote:
>
> Hi All,
>
> I found an interesting application for the Android:
> http://www.androlib.com/android.application.org-tritone-aliceinwonderland-zlibrary-ui-android-imDi.aspx
>
> In short that is a closed-source paid application that is "based" on
> the FBReaderJ code. "Based" means this application just contains an
> FBReader code inside. :) An application is available from the Android
> Market.
>
> Do you have a hint what I can do in such case? We're close to release
> a new version for Android and I don't like to see clones of the
> program in the Market.
>
> Thank you in advance,
>
> -- Nikolay
>
> --
> You received this message because you are subscribed to the Google
> Groups "FBReader" group.
> To post to this group, send email to fbre...@googlegroups.com

> <mailto:fbre...@googlegroups.com>.


> To unsubscribe from this group, send email to
> fbreader+u...@googlegroups.com

> <mailto:fbreader%2Bunsu...@googlegroups.com>.

Kevin Carr

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Mar 11, 2010, 4:48:47 PM3/11/10
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The Free Software Foundation would be willing to go after GPL violations, depending on how big of a violation.
 

sking

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Mar 11, 2010, 5:04:12 PM3/11/10
to FBReader
On Mar 11, 4:38 pm, geometer <geome...@fbreader.org> wrote:
> In short that is a closed-source paid application that is "based" on
> the FBReaderJ code. "Based" means this application just contains an
> FBReader code inside. :) An application is available from the Android
> Market.
>
> Do you have a hint what I can do in such case? We're close to release
> a new version for Android and I don't like to see clones of the
> program in the Market.

If the "author" of this app distributing is GPL'd code, then he's
obligated to provide the source code (including changes he's made, if
any) to anyone to whom he distributes the binaries. He's also
obligated to display the original copyright notice. That's about the
extent of his obligations. He'd only be in violation of the license if
he failed to produce the source code when asked (by a *customer*), or
if he's trying to pass off your code as his own work.

If it bugs you that someone's distributing your code as part of their
own package, maybe you should release under a different license. The
whole point of the GPL is to encourage distribution and re-use of
code. Information wants to be free, and all that nonsense.

Caveat: I'm talking about GPLv2. There may be other obligations if
FBReaderJ is licensed under GPLv3; I haven't studied that version of
the license.

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