On Sep 19, 12:09 pm, Mark Murphy <[email protected]> wrote:
> 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.

Depends. For me this is a part-time occupation, and I haven't found
any of those necessary.

> > 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.

I seriously doubt that the revenue generated from overpriced coffer
mugs would justify the cost of legal counsel for something like
this. :-)

In any case, I did not say that 4.5 necessarily prohibits this
activity - I said that you risk being slapped with 4.5. What a lawyer
thinks the clause means is rather irrelevant, because if Google
decides that this sort of activity violates 4.5, then it violates 4.5
(see 7.2 which specifically says that determining violations of the
TOS are done at Google's sole discretion).

Seeing as how I have yet to read of any app being taken off the market
(or even warned) for bypassing the payment processor, I don't think
this would actually become a problem, but I don't see the point in
taking the risk just for a few extra dollars.

There are many excellent freemium/donation strategies one can use. If
you're outside the "magic 12" (or is it 11) countries, though, I think
you are pretty much screwed for reasonable options, though.

Regards,

Michael A.

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