On Sun, Sep 19, 2010 at 5:39 AM, Michael A. <[email protected]> wrote:
> Sure, you can give away a T-Shirt or Cup or stuff like that and
> probably not get into conflict with the TOS, but then you're just
> running an on-line shop + it requires you have an artist/designer to
> produce something worth giving away.

You need the logo, anyway, for your Web site, ad banners, business
cards, and so on. Given the logo, other donation-ware is fairly
straightforward.

> And I'd say you still risk being
> slapped with 4.5 (Non-compete - thou shall not put stuff on the market
> to sell stuff outside the market).

You really need to consult qualified legal counsel. IANAL, but IMHO
4.5 does not mean what you think it means. That is the "anti-Al
Sutton" clause, prohibiting you from distributing on the Market a
client for a competing market.

> Of course, enabling stuff in the game as thanks for the donation would
> run into 3.3 (bypassing the payment processor).

I agree with you here. My point was that the TOS does not block all
freemium/donation strategies. The closer you get to enabling app
features, the more likely it is the TOS will be a problem.

-- 
Mark Murphy (a Commons Guy)
http://commonsware.com | http://github.com/commonsguy
http://commonsware.com/blog | http://twitter.com/commonsguy

Android Training in London: http://skillsmatter.com/go/os-mobile-server

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