Today, I found my app published on the App Store by "The Saudi National Health Information Center", a Saudi government institution, after they made slight changes and additions [3].
[1] https://github.com/mhdhejazi/CoronaTracker
[2] https://www.cnbc.com/2020/03/05/apple-rejects-coronavirus-ap...
Even then, it can be argued that a national government publishing an app for free is not commercial use.
Details about how the GPL license prevents distribution, for example via the Apple App Store, without a further licensing agreement beyond the GPL license, can be seen here at the Free Software Foundation’s website (FSF wrote the GPL license).
The origin of the notes https://www.fsf.org/news/2010-05-app-store-compliance
More useful detail https://www.fsf.org/blogs/licensing/more-about-the-app-store...
Excerpt from the last document:
———+
Along the same lines, we'll be talking about GPLv2 specifically in this blog post, since that's the license at issue, but this analysis would apply to all versions of the GNU GPL and AGPL. Section 6 of GPLv2 says:
Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.
This last sentence is a crucial part of the strong copyleft in the GPL and AGPL: it prevents distributors from using separate legal agreements, like Terms of Service or NDAs, to take away the freedoms that the license is supposed to grant. This is the license condition that Apple is violating when it distributes GPL-covered software through the App Store.
But does not allow Tivoization, something that the App store does. This is clearly a violation of the license.
So what exactly is your objection? You open-sourced it under GPL, you mentioned they made some changes, have they not open sourced them and thus broke the terms of the Licence, is that what bothers you?
Or is it lack of attribution and notifying you, which would be a decent and respectful thing to do?
What was your actual intention here: 1. Create an app to help the world during this terrible time? 2. Build something you could make some money from? 3. Build something to get kudos from?
As it stood your app wasn't available as Apple rejected it, these guys made it available and thus if your goal was option 1 they helped you!
If option 2, then you failed upon failure and serves you right.
If option 3, I'm not sure you GPL requires attribution within the app, but they do have to open source there changes and thus should make it clear, its built upon your work.
i just don't understand your complaint at all.
If you release something under self-contradictory licensing terms, and then people use it in a way you didn't expect – maybe the problem was with your self-contradictory licensing?
And it's not clear that the copy is used in a commercial way. If the app is free, maybe they follow your full conditions?
It's the FSF's position that Apple App Store distribution necessarily includes extra restrictions that violate the GPL:
https://www.fsf.org/news/2010-05-app-store-compliance
So, while your "no commercial use" addition itself contradicted the GPL, the GPL itself, if relied upon as the governing license, may give you enough ammo to lodge a complaint.
Poking the KSA government's public health bureaucracy to better cooperate with others, & honestly acknowledge the work of outsiders rather than stealing it to create a false sense of their own internal competence, might best serve the health of the Saudi people in the long run.
Congratulations on your coronavirus open-source app getting distributed and presumably used! I know it sucks that they didn't credit you or honor the GPL by sharing their modified source, and folks downloading it from a not-exactly-trustworthy government isn't my first choice, but I sincerely offer you my congratulations nonetheless.
Also, please don't pay attention to the dated/non-inclusive wording ("man", "he"). I tried to just match the original version, although the attribution/provenance is (fittingly, I suppose) a bit uncertain.
That said, my concern here isn't the commercial use of the app, they're not doing that. It's about publishing the app without complying with the GPL-3 conditions. It'd be totally fine had they respected the license and attributed the original project.
Have you written them? Who knows how this came to be, rushed out by some programmer somewhere who doesn't know about the ins and outs of licenses and just wants to get this to as many people as possible quickly.
And under it lists "the Saudi health council" and "national council for health information".
So my understanding is that they're claiming copyright on this app?
P.S. Don't click on any whatsapp link they may send you.
(Of course, it's likely too late to pursue this strategy in this case, and one should be careful about such vigilantism against murderous organizations. But I mention this to place it in the "idea library" for other HN readers, who may find themselves in similar situations in the future.)
I really see no problem with this, they should provide the source code, but from what you said their modifications really aren't that sought after are they?
Don't open-source something if you don't want someone to clone it. What did you think was going to happen?
I don't see why someone would post the source to an entire app then watch the app store for a clone waiting to complain about it...