On Wed, Jun 3, 2009 at 09:47, Al Sutton <[email protected]> wrote:
>
> Comment 5 in the linked thread says;
>
> "Sorry, it is not possible to un-publish your code."
>

Yes I have seen it. But I would read it as "it is not possible to
un-publish your [source] code", because it was once published under
GPL. Because anyway GPL does not prevent you to stop publishing and
application. Just that you can't stop others to do so.
So if this comment was about un-publishing the application, it did not
bring legitimate reasons.


Market developer distribution agreement says you can un-publish, "at
any time"  : http://www.android.com/us/developer-distribution-agreement.html

"7.1      Your Takedowns.  You may remove your Products from future
distribution via the Market at any time, but you must comply with this
Agreement and the Payment Processor’s Payment Account terms of service
for any Products distributed through the Market, including but not
limited to refund requirements. Removing your Products from future
distribution via the Market does not (a) affect the license rights of
users who have previously purchased or downloaded your Products, (b)
remove your Products from Devices or from any part of the Market where
previously purchased or downloaded applications are stored on behalf
of users, or (c) change your obligation to deliver or support Products
or services that have been previously purchased or downloaded by
users."


Oh... it also says that google is allowed to un-publish too, "in its
sole discretion", so it is not a legal obligation for them to require
a DMCA.
It even gives the case :

"7.2 Google Takedowns. [...]if Google is notified by you or otherwise
becomes aware and determines in its sole discretion that a Product or
any portion thereof or your Brand Features; (a) violates the
intellectual property rights or any other rights of any third party;
[...] (d) is being distributed by you improperly; [..] , Google may
remove the Product from the Market or reclassify the Product at its
sole discretion.  Google reserves the right to suspend and/or bar any
Developer from the Market at its sole discretion."

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