It's the "does not ... remove your Products from Devices or from any part of the Market where previously purchased or downloaded applications are stored on behalf of users"
that to me indicates you can't un-publish an app. I understand you can stop future downloads, but if someone has distributed a copyright infringing work the owner of the copyright will normally want all copies of the infringing work uninstalled or threaten the infringer with damages. So if someone developers a tetris clone, it gets installed 500 times, and they get threatened with $30 per installation in damages they're looking at a $15,000 bill because they can't recall/unpublish the app. 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 Cédric Berger Sent: 03 June 2009 09:08 To: [email protected] Subject: [android-discuss] Re: Copyright enforcement outside of the US 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." --~--~---------~--~----~------------~-------~--~----~ 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 -~----------~----~----~----~------~----~------~--~---
