I think - although I don't have time to dig right now - that you might fail at the "email to someone else" step, since the gpl doesn't address distribution of -binaries- and the android market (or whatever point of sale you are using) does.
But... if its that important :) someone kick the $4, keep the app (no refund) and then request source. Put it on the web next to a 'donate' button, and step 3 will follow automatically :) On Wed, Apr 15, 2009 at 1:15 PM, Al Sutton <[email protected]> wrote: > > I've done some digging around and; > > http://www.gnu.org/licenses/gpl-faq.html#GPLRequireSourcePostedPublic > > Says you're right, it does only need to go to users. > > However, http://www.gnu.org/licenses/gpl-faq.html#GPLCommercially is > interesting in that it implies that the software can't be copy protected. > > And http://www.gnu.org/licenses/gpl-faq.html#WhatDoesWrittenOfferValid > implies that even if you get a copy of the app for free from another > Android > owner then you still have access to the code. > > So, in theory, you could download the app, email the APK to someone else, > get a refund, and they would still have a claim to the source code. > > Very interesting. > > Al. > > > > > --- > > * Written an Android App? - List it at http://andappstore.com/ * > > ====== > Funky Android Limited is registered in England & Wales with the > company number 6741909. The registered head office is Kemp House, > 152-160 City Road, London, EC1V 2NX, UK. > > The views expressed in this email are those of the author and not > necessarily those of Funky Android Limited, it's associates, or it's > subsidiaries. > > > -----Original Message----- > From: [email protected] > [mailto:[email protected]] On Behalf Of Sean Hodges > Sent: 15 April 2009 17:51 > To: [email protected] > Subject: [android-discuss] Re: Developer Ethics > > > I think the key here is that the GPL does not (and as a license > cannot) dictate WHO you distribute to. It only dictates HOW you are allowed > to distribute when you do. > > The passage you quoted Al, is stating "All third parties" meaning "all > recipients of this software". Unfortunately this is not clearly stated in > the definition section, but it has no legal standing to mean anything else. > A license only has jurisdiction within the distribution from the licensee > to > the recipient. > > As an example: Google use modified versions of the Linux kernel in their > server clusters, but I'm fairly certain they don't contribute back all of > those changes. They are not obliged to just because Linux is freely > available. Of the changes that they do contribute back, most would be > voluntary because they want the changes in future releases. > This story would be different if they sold people Google Search Appliances > with modified Linux kernels and no corresponding source code, but they > could > still potentially put the source code on a CD and just hand it out to the > people that bought the device. > > I'll re-iterate that I am not a lawyer, but I find this discussion very > interesting. If someone does consult a lawyer or the SFLC, I'd like to hear > the response. > > > > On Wed, Apr 15, 2009 at 5:31 PM, Al Sutton <[email protected]> wrote: > > > > There's a difference between not distributing at all and distributing > > it even if it's not directly to me. > > > > Section 2 (b) of the GPL v2 reads; > > > > "You must cause any work that you distribute or publish, that in whole > > or in part contains or is derived from the Program or any part > > thereof, to be licensed as a whole at no charge to all third parties > > under the terms of this License." > > > > Which I take to read that the developer shouldn't even be charging for > > the binaries. > > > > From my recollection this requirement for derived works to be "at no > charge" > > (i.e. free) was the reason the LGPL was introduced for code libraries > > so that they could be used in commercial products. > > > > Al. > > > > --- > > > > * Written an Android App? - List it at http://andappstore.com/ * > > > > ====== > > Funky Android Limited is registered in England & Wales with the > > company number 6741909. The registered head office is Kemp House, > > 152-160 City Road, London, EC1V 2NX, UK. > > > > The views expressed in this email are those of the author and not > > necessarily those of Funky Android Limited, it's associates, or it's > > subsidiaries. > > > > > > > > > > > > ________________________________ > > > > From: [email protected] > > [mailto:[email protected]] On Behalf Of Disconnect > > Sent: 15 April 2009 17:10 > > To: [email protected] > > Subject: [android-discuss] Re: Developer Ethics > > > > > > GPL covers redistribution - if you don't have the new bins, nobody has > > distributed it, and it does not apply. > > > > (That, indirectly, leads to one of ESR & co's big complaints - I can > > create a webapp under the gpl and never, ever release sources unless I > > distribute the app. To pick on our hosts :) google groups could be > > entirely based on GPL software, and until/unless they bundle it in an > > appliance or something, we'd never even know much less be able to get > > code.) > > > > > > On Wed, Apr 15, 2009 at 11:16 AM, Al Sutton <[email protected]> wrote: > > > > > > Does it?, I'm not required to have the binary in order to get > > the original source code, so wouldn't it be an additional requirement > (i.e. > > against the GPL), to say I need it for the Android port? > > > > Al. > > > > --- > > > > * Written an Android App? - List it at http://andappstore.com/ > > <http://andappstore.com/> * > > > > ====== > > Funky Android Limited is registered in England & Wales with the > > company number 6741909. The registered head office is Kemp > > House, > > 152-160 City Road, London, EC1V 2NX, UK. > > > > The views expressed in this email are those of the author and > > not > > necessarily those of Funky Android Limited, it's associates, or > > it's > > subsidiaries. > > > > > > > > > > > > ________________________________ > > > > From: [email protected] > > [mailto:[email protected]] On Behalf Of Disconnect > > Sent: 15 April 2009 15:03 > > > > To: [email protected] > > Subject: [android-discuss] Re: Developer Ethics > > > > > > > > That license only applies when you have the binary already. So > > "prove you legally acquired the binary" is a legitimate question. (And > > "oops I didn't see your email yesterday" covers the 24h return period > > as well. The GPL doesn't require you to be instantly available 24/7.) > > > > > > On Wed, Apr 15, 2009 at 9:32 AM, Al Sutton > > <[email protected]> > > wrote: > > > > > > > > As far as I know he can't demand to see payment before > > handing over the > > source code. > > > > From http://en.wikipedia.org/wiki/GPL; > > > > "The distribution rights granted by the GPL for > > modified versions of the > > work are not unconditional. When someone distributes a > > GPL'd work plus their > > own modifications, the requirements for distributing > > the whole work cannot > > be any greater than the requirements that are in the GPL." > > > > So due to the original Doom source code being freely > > distributable and > > usable the author can't add on the requirement that I > > pay for the > > application. > > > > > > Al. > > > > --- > > > > * Written an Android App? - List it at > > http://andappstore.com/ * > > > > ====== > > Funky Android Limited is registered in England & Wales > > with the > > company number 6741909. The registered head office is > > Kemp House, > > 152-160 City Road, London, EC1V 2NX, UK. > > > > The views expressed in this email are those of the > > author and not > > necessarily those of Funky Android Limited, it's > > associates, or it's > > subsidiaries. > > > > > > -----Original Message----- > > From: [email protected] > > [mailto:[email protected]] On Behalf Of > > Sean Hodges > > > > Sent: 15 April 2009 14:16 > > To: [email protected] > > Subject: [android-discuss] Re: Developer Ethics > > > > > > Rapidshare? :) > > > > The developer is allowed to sell GPL software, he just > > has to provide the > > source code to the people that have the application. > > With that in mind, he > > may demand proof of payment before giving you his > > latest source code. > > > > I'd imagine it wouldn't be too much work to take a > > recent Linux port of the > > Doom engine (like PRBoom) and modify the code to use > > Android compatible > > libraries. The interesting bit would be getting the > > native C engine working > > in an APK. I'm not sure how that is done, perhaps > > someone else might be able > > to shed some light on it? > > > > > > On Wed, Apr 15, 2009 at 1:03 PM, Al Sutton > > <[email protected]> wrote: > > > > > > Any way you know of getting the APK without paying > > the $3.99? > > > > > > Al. > > > --- > > > > > > * Written an Android App? - List it at > > http://andappstore.com/ * > > > > > > ====== > > > Funky Android Limited is registered in England & > > Wales with the > > > company number 6741909. The registered head office > > is Kemp House, > > > 152-160 City Road, London, EC1V 2NX, UK. > > > > > > The views expressed in this email are those of the > > author and not > > > necessarily those of Funky Android Limited, it's > > associates, or it's > > > subsidiaries. > > > > > > > > > -----Original Message----- > > > From: [email protected] > > > [mailto:[email protected]] On Behalf > > Of Sean Hodges > > > Sent: 15 April 2009 12:55 > > > To: [email protected] > > > Subject: [android-discuss] Re: Developer Ethics > > > > > > > > > Ah, I see :) Well it may not be available on-line. If > > not, you should > > > request it directly from the developer by email (the > > GPL only demands > > > that the source is made available on request). I'd be > > interested in > > > how you get on obtaining the source, as I might ask > > for a copy myself. > > > > > > It's worth checking the contents of the Doom APK file > > as well, the > > > source code may have been bundled in the archive. > > > > > > > > > On Wed, Apr 15, 2009 at 12:43 PM, Al Sutton > > <[email protected]> wrote: > > >> > > >> I think you missed my point :), The GPL means the > > source of the > > >> *Android > > >> port* needs to be available. If it is it'd be a > > great project for > > >> potential game devs to cut their teeth on. > > >> > > >> Al. > > >> > > >> > > >> --- > > >> > > >> * Written an Android App? - List it at > > http://andappstore.com/ * > > >> > > >> ====== > > >> Funky Android Limited is registered in England & > > Wales with the > > >> company number 6741909. The registered head office > > is Kemp House, > > >> 152-160 City Road, London, EC1V 2NX, UK. > > >> > > >> The views expressed in this email are those of the > > author and not > > >> necessarily those of Funky Android Limited, it's > > associates, or it's > > >> subsidiaries. > > >> > > >> > > >> -----Original Message----- > > >> From: [email protected] > > >> [mailto:[email protected]] On Behalf > > Of Sean Hodges > > >> Sent: 15 April 2009 12:09 > > >> To: [email protected] > > >> Subject: [android-discuss] Re: Developer Ethics > > >> > > >> > > >> Al, > > >> > > >> The source code is available on id's FTP server: > > >> > > >> ftp://ftp.idsoftware.com/idstuff/source/ > > >> > > >> As I said, this excludes the game data, as that is > > still under a > > >> commercial licence. > > >> > > >> > > >> > > >> On Wed, Apr 15, 2009 at 12:03 PM, Al Sutton > > <[email protected]> wrote: > > >>> > > >>> http://en.wikipedia.org/wiki/Doom_source_port > > indicates the Doom > > >>> source code is GPLed which means that the source > > should be freely > > >> available. > > >>> > > >>> Has anyone seen it? > > >>> > > >>> Al. > > >>> --- > > >>> > > >>> * Written an Android App? - List it at > > http://andappstore.com/ * > > >>> > > >>> ====== > > >>> Funky Android Limited is registered in England & > > Wales with the > > >>> company number 6741909. The registered head office > > is Kemp House, > > >>> 152-160 City Road, London, EC1V 2NX, UK. > > >>> > > >>> The views expressed in this email are those of the > > author and not > > >>> necessarily those of Funky Android Limited, it's > > associates, or it's > > >>> subsidiaries. > > >>> > > >>> > > >>> -----Original Message----- > > >>> From: [email protected] > > >>> [mailto:[email protected]] On Behalf > > Of Sean Hodges > > >>> Sent: 15 April 2009 11:23 > > >>> To: [email protected] > > >>> Subject: [android-discuss] Re: Developer Ethics > > >>> > > >>> > > >>> I don't see why not, ethically... Assuming he/she > > ported it, > > >>> packaged it, and paid for the market account to > > publish it. The > > >>> textures and game data are not covered by the GPL > > license I believe, > > >>> so he may need permission from id Software to sell > > that (don't take > > >>> my > > > word on that). > > >>> > > >>> Of course, whether it's a popular decision with the > > target audience > > >>> is a different issue altogether :) Also, someone > > else could legally > > >>> package Doom and distribute on the market for free, > > effectively > > >>> stealing the customer base. > > >>> > > >>> > > >>> > > >>> On Wed, Apr 15, 2009 at 11:11 AM, Al Sutton > > <[email protected]> wrote: > > >>>> > > >>>> What do people think of the developer selling his > > Android port of > > >>>> the shareware version of Doom for $3.99 on Market? > > >>>> > > >>>> Al. > > >>>> > > >>>> --- > > >>>> > > >>>> * Written an Android App? - List it at > > http://andappstore.com/ * > > >>>> > > >>>> ====== > > >>>> Funky Android Limited is registered in England & > > Wales with the > > >>>> company number 6741909. The registered head > > office is Kemp House, > > >>>> 152-160 City Road, London, EC1V 2NX, UK. > > >>>> > > >>>> The views expressed in this email are those of the > > author and not > > >>>> necessarily those of Funky Android Limited, it's > > associates, or > > >>>> it's subsidiaries. > > >>>> > > >>>> > > >>>> > > >>>> > > > >>>> > > >>> > > >>> > > >>> > > >>> > > >>> > > > >>> > > >> > > >> > > >> > > >> > > >> > > > >> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Android Discuss" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/android-discuss?hl=en -~----------~----~----~----~------~----~------~--~---
