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by halostatue
5638 days ago
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Apple is acting, more or less, as an FTP site plus an OS vendor in this case. In theory, the GPL can put obligations on the FTP site as a distributor, but it cannot out obligations on the OS vendor. If this were the case, it would not be possible to ship ANY non-GPL-compatible software on Debian, for example, even in a non-free environment. The question comes down to what the distribution site does, and they have two clauses: one for commercial and ne for non-commercial interests. They do not seem to be in conflict to me. |
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If a distribution site requires to accept a contract between the distributor and the downloader regarding the usage of the downloaded programs, it is not equal to an FTP site which merely puts programs available.
I don't understand how Apple's position as an OS vendor affects the situation, if the question is about distribution. I would really enjoy a thorough explanation about it, if there is one, since to me it does not make any sense.
If there is no conflict (any more) between Apple's terms of usage for downloaded apps and GPL, then it all boils down to Apple's decision to remove the application without reason (other than an invalidated claim of copyright infringement). In that case, all the other GPL'ed software could be returned to distribution.
I can imagine that even Apple's own personnel has hard time following all the changes in their own terms and their implications of cases like this, and that's why it would be the best if Apple simply lifted the restrictions of their platform.