[mythtv-users] OT Apple vs GPL (Was: THIS IS A NON-COMMERCIAL MAILING LIST)

[Simon Hobson]

Craig Treleaven wrote:

>What "cripplware"?  Apps are digitally signed for security in the 
>Mac App Store.

Yes, that's what they tell you it's for - but frankly that's only the 
official line Apple use to make people "want" to be handcuffed. The 
real reason is simple - if they don't make it a closed system, they 
can't control it fully. Not having full control means they can't 
exclude competition* and make as much money**. Sorry if I sound like 
Richard Stallman, but his description of "Digital Handcuffs" is very 
apt.

* Certain areas are forbidden - advertising not using the Apple 
supplied processes (for which Apple get a cut of the advertising 
take) is just one of them. Others include the ability to download and 
run anything (eg software to run under a games console emulator), or 
the ability to take money other than going through Apple.
** In-app purchases are forbidden, as is the use of purchases made 
elsewhere (eg the vendors web site), as is even mentioning in-app 
that alternative purchasing methods are available - and finally, 
anything you do sell, you cannot charge less elsewhere (which I 
thought was illegal in the UK, but hey, this is Apple after all).
This isn't just about the money - it's also about separating end 
users from the vendors. So take for example the case of a newspaper 
using advertising to subsidise the content. When the end user 
subscribes to their service in-app, it now goes through Apple who 
know about the customer (and can now target the advertising at them, 
as well as having taken their cut), but the paper no longer even 
knows who the customer is (meaning that while they can still 
advertise, they cannot target it and so the advertising is less 
valuable). Whatever you think about such techniques, it's hard to see 
this as anything but bad for both the end user and the vendor.

Personally it affects me as certain programs I'd like to use are 
barred from Apple's official store - so I've had to jailbreak the 
device to get it to do what I want to do with it. Network diagnostics 
tools for work if you really want to know.

So yes, I think crippleware is a valid description of something which 
is not optional and is designed primarily to prevent end users making 
free choices as to how they use their purchased equipment.

>IANAL so I won't try to decipher whether Apples Terms of Service 
>conflict with GPL.

It does, fundamentally. If you distribute a binary of a GPLed work, 
you are *required* to also make available the source that can be used 
to make that binary. Since Apple add an extra layer to the binary 
(the encryption/signing) which cannot be replicated without the 
algorithm and private key(s) used by Apple, then that cannot be 
complied with while also complying with Apple's policies.

Also, you are expressly forbidden from imposing any restrictions on 
what the recipient may do with the program/whatever other than those 
limitations imposed by the GPL (the bits to prevent someone taking 
your program and claiming it as theirs, or trying to restrict what 
someone may do with it). Since anything coming from Apple's App store 
comes with restrictive licences imposed by Apple (notably, even for 
free Apps, you cannot copy them and give away further copies), then 
that too is incompatible with the GPL.

This cannot change unless Apple restrict their policies (they would 
need to allow unsigned application on the iDevices - and I cannot see 
that happening in the forseeable future.

-- 
Simon Hobson

Visit http://www.magpiesnestpublishing.co.uk/ for books by acclaimed
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