Re: [xmlvm-users] GPL and iPhone AppStore

[Tor L. <tm...@ik...>]

> Is anyone on this list able to clear up whether or not GPL'd apps are
> legally valid on the App Store?

First you should make it clear whether you mean GPL version 2 or
version 3. I won't bother considering version 3 at all here as it is
much more restrictive, or enforces much more "freedom" if you see it
from that point of view.

GPLv2 apps are of course legally valid on the App Store.

The interesting question is whether you can take code somebody *else*
holds the copyright to, and without their consent (or perhaps even
against their expressed wish) redistribute it in binary form through
the App Store. (I think you could, but I am certainly not going to
try.)

Of course, you would have to provide all source code to those who
receive the App, either by bundling the sources inside the app (if
feasible) and providing a means to extract it, or by providing a
"written offer". That is not what is unclear.

The potential problem is that it will take quite some effort for the
those who get the app from the App Store to make use of their right to
modify and redistribute it (and if they modify it in some utterly
trivial way, but add something that Apple doesn't approve of, they
won't be able to, except using the "ad hoc" schemes to a limited
number of recipients).

For this reason I personally wouldn't dream of taking random GPL or
LGPL code, no matter how widespread, no matter how many individuals
hold the copyright to it, and use it in something distributed through
the App Store without asking for permission first.

(In fact, it is *more* "risky" to use code that has a lot of copyright
holders without asking, as it makes it more likely that at least one
of them is a jerk and starts raising hell.)

Finally, one thing to keep in mind when pondering these questions is
that the GPLv2 was written in 1991. Back then the normal OSes most
GPL software ended up being run on were quite proprietary ones. They
did not necessarily come with any compiler bundled at all. Compilers
were costly extras. The GPLv2 as such must thus a priori be totally
fine with that situation, as it was the situation when it was
carefully written.

But the situation with the App Store is still quite different, as it
is a distribution channel with mandatory arbitrary "censorship"
enforced.

> but nothing definitive or from a lawyer.

Oh, you have misunderstood. A lawyer (which I am not) is somebody who
can give real legal *advice*, but that is just that, advice. For
definiteness you need a court  ruling ;)

--tml