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Saudi Arabia ripped off my open-source app and published it on the App Store

news.ycombinator.com

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Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#11

Post by lukeschlather »

alain94040 wrote: post #6
mhdhejazi wrote: post #4

Earlier quoted context omitted.

I published the app under the GPL-3 license, and with a clear statement that says "It's not allowed to publish, distribute the app, or use it in a commercial way". They neither respected the license nor the other conditions.

You can't quite do that. The LICENSE file you put on Git is GPL-3. It's not compatible with the restrictions you are asking for. 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?

You can charge money for a GPLv3 app. But you have to provide source code and the tools to build and run your own version of the app to anyone who buys it.

Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#12

Post by paxys »

You can't add a GPL-3 license in your repo (which explicitly allows modification, distribution, commercial use) and then also write "not for commercial distribution" in the README. Pick one.

Even then, it can be argued that a national government publishing an app for free is not commercial use.

Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#13

Post by mhdhejazi »

skissane wrote: post #8
mhdhejazi wrote: post #4

Earlier quoted context omitted.

I published the app under the GPL-3 license, and with a clear statement that says "It's not allowed to publish, distribute the app, or use it in a commercial way". They neither respected the license nor the other conditions.

The GPL3 license allows people to "publish, distribute the app, or use it in a commercial way" (provided that they comply with the other GPL3 conditions, of course). So, when you say it is under GPL3, then say people can't do something which GPL3 allows, you are contradicting yourself. If you release something under self-contradictory licensing terms, and then people use it in a way you didn't expect – maybe the prob…

I see your point here. Maybe I should have modified the license itself and stated that's it's a custom license. But they are still not complying with any of the GPL-3 conditions.

Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#14

Post by applecrazy »

skissane wrote: post #8
mhdhejazi wrote: post #4

Earlier quoted context omitted.

I published the app under the GPL-3 license, and with a clear statement that says "It's not allowed to publish, distribute the app, or use it in a commercial way". They neither respected the license nor the other conditions.

The GPL3 license allows people to "publish, distribute the app, or use it in a commercial way" (provided that they comply with the other GPL3 conditions, of course). So, when you say it is under GPL3, then say people can't do something which GPL3 allows, you are contradicting yourself. If you release something under self-contradictory licensing terms, and then people use it in a way you didn't expect – maybe the prob…

If I understand GPL3 correctly, they still have to make the modified source available and state the changes they made. The header on GH that parses the license also seems to agree with me: https://github.com/mhdhejazi/CoronaTracker/blob/master/LICEN...

Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#15

Post by s_y_n_t_a_x »

Did they maybe translate it so they could link it to their citizens?

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...

Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#16

Post by gojomo »

Create some compelling new features for your version. But include some obfuscated back-door allowing you to insert other messaging later. Tempt the copycats to integrate your improvements, including the backdoor. Then send subversive messaging they wouldn't like, anything from simple credit, if desired, to short utterances carrying the death penalty in their jurisdiction.

(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.)

Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#17

Post by pengaru »

mhdhejazi wrote: post #9
mehh wrote: post #5

First off, looks like a nice app, well done. 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…

It'd be totally fine had they respected the license or attributed the project. It's great to know that people use your app and find it useful, and that's why I offered the app to JHU to publish it in their name when Apple rejected it. I'm bothered more by the way the app is published without attribution and how I knew about that.

Does your app have an About App page or other clearly visible GPLv3 banner containing your name, which they then removed?

Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#18

Post by bjelkeman-again »

paxys wrote: post #12

You can't add a GPL-3 license in your repo (which explicitly allows modification, distribution, commercial use) and then also write "not for commercial distribution" in the README. Pick one. Even then, it can be argued that a national government publishing an app for free is not commercial use.

The GPL 3.0 license afaik does not allow further restriction, like an AppStore imposes.

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.

Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#19

Post by gojomo »

You could likely ask Apple to take down Saudi Arabia's version as a violation of your copyrights, and a violation of the license under which you offered your creation.

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.

Re: Saudi Arabia ripped off my open-source app and published it on the App Store

#20

Post by [deleted] »

mhdhejazi wrote: post #4
happytiger wrote: post #3

You say here it’s open source, but your licenses read me says it’s ffnc use?

I published the app under the GPL-3 license, and with a clear statement that says "It's not allowed to publish, distribute the app, or use it in a commercial way". They neither respected the license nor the other conditions.

[deleted]
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