Yup, some good some bad, and I may not have caught all of them. My comments are my understanding, but I'm not a lawyer so you shouldn't go just off my understanding of the changes.
*** Biggest problem - changes to 7.1 & 7.2 *** In the new agreement 7.2 states; "If you remove a Product from the Market pursuant to clauses (i), (ii), (iii) or (iv) of this Section 7.1, and an end user purchased such Product within a year before the date of takedown, at Google’s request, you must refund to the affected end user all amounts paid by such end user for such affected Product, less the portion of the Transaction Fee specifically allocated to the credit card/payment processing for the associated transaction." The four sections cover removing your app from market and telling Google you were protecting yourself because of *allegations* (yes, not claims backed by a court ruling, just allegations) of infringement of Intellectual property, defamation, violation of publicity or privacy, or breaching the law. So if I went to a developer and said "I've just played your game and it breaches my copyright" (as happened to some t*tris like games), you get left with a choice; Keep the app up and run the risk of a lawsuit, or take the app down and risk having to refund your last years worth of sales. And in 7.2 the one year of sales rule pops up again; "In the event that your Product is involuntarily removed because it is defective, malicious, infringes intellectual property rights of another person, defames, violates a third party’s right of publicity or privacy, or does not comply with applicable law, and an end user purchased such Product within a year before the date of takedown,:(i) you must refund to Google, all amounts received, plus any associated fees (i.e. chargebacks and payment transaction fees), and (ii) Google may, at its sole discretion, withhold from your future sales the amount in subsection (i) above. " This is very sketchy because what is "applicable law"?, do you have to comply with the laws of every country in which Google Market sells?, Do you have to comply with US law where Google has it's HQ (and thus you're subject to their crack-pot patent laws)?, so if you write the app in the UK, and you're a UK developer, you list it on Googles Market and a US developer says "that infringes my US-only patent", you could be looking at refunding a years worth of sales. 15.7 States that " You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from this Agreement." so does this mean that all developers will be signing up to being bound by US law? ** Other stuff ** There's also some changes to the re-install rules in 3.6, a change to a URL in 4.9, they've added an Intellectual Property indemnification clause as 5.5, lots of stuff about how they'll use your app and associated publicity materials in 6.2 and 6.3, an expansion of what they can take your app down for at the end of 7.2 (but the wording seems to indicate that proof is required for the new stuff, which would most likely mean a court case), a tiny change to the indemnification in 13 (changed from all claims to all third-party claims), Again, this is my understanding and I'm not a lawyer, so if you act off this information it's up to you to deal with the fall-out. Al. -- * Looking for Android Apps? - Try http://andappstore.com/ * ====== Funky Android Limited is registered in England & Wales with the company number 6741909. 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. On 11 Nov 2009, at 00:48, Arron wrote: > Did anyone notice anything big? > > Additionally it tells you to go to this specific link to look at > Transaction Fee and it doesn't even work! > http://www.android.com/support/market/bin/answer.py?answer=112622 > > -- > > 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=. > > -- 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=.
