The issue, as I understand it, isn't about availability of source, but extra 
restrictions applied to the App's license (whatever that is) which is 
incompatible with the GPL.

 from <http://www.apple.com/legal/itunes/us/terms.html#APPS>:

> You agree that the Services and certain Products include security technology 
> that limits your use of Products and that, whether or not Products are 
> limited by security technology, you shall use Products in compliance with the 
> applicable usage rules established by Apple and its principals (“Usage 
> Rules”), and that any other use of the Products may constitute a copyright 
> infringement. 

and from the Usage Rules section:

> (i) You may download and use an application from the Mac App Store (“Mac App 
> Store Product”) for personal, non-commercial use on any Apple-branded 
> products running Mac OS X that you own or control (“Mac Product”).
> 
> (ii) If you are a commercial enterprise or educational institution, you may 
> download a Mac App Store Product for use either (a) by a single individual on 
> each of the Mac Product(s) that you own or control, or (b) by multiple 
> individuals on a single shared Mac Product that you own or control. For 
> example, a single employee may use a Mac App Store Product on both the 
> employee’s desktop Mac Product and laptop Mac Product, or multiple students 
> may serially use the Product on a single Mac Product located at a resource 
> center or library.
> 
> (iii) Use may require sign-in with the Apple ID used to download the Mac App 
> Store Product from the Mac App Store. Mac App Store Products can be updated 
> through the Mac App Store only.

Essentially - the App Store EULA dictates how you can use and distribute the 
binary you download, which is a big incompatibility with the GPL.

For some more background, the FSF has a good article on why the GPL and App 
Store are in conflict: 
<http://www.fsf.org/blogs/licensing/more-about-the-app-store-gpl-enforcement>

--
Steve Holt

P.S.  Please don't take any of this as a value judgement either for or against 
the GPL.  This is merely the situation we're in as I understand it.

P.P.S. I am not a lawyer.



On Jan 12, 2011, at 9:22 AM, Joe Hildebrand wrote:

> On 1/11/11 3:43 PM, "Evan Schoenberg, M.D." <[email protected]> wrote:
> 
>> In the current agreement for the App Store - on all platforms - there are
>> several provisions which restrict distribution.  These are incompatible with
>> the GPL.  
> 
> Could you provide us with the relevant provisions, please?
> 
> What about out-of-the-box approaches like providing (all of!) the source as
> a part of the application download?
> 
> -- 
> Joe Hildebrand
> 
> 


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