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I wrote a small multiplatform app and I am considering publishing the osx version in apple store. I've licensed the app under a GPLv3 license.

I sort of like the GPLv3 license but I also like the easiness of apple store. I'm worried about the GPL's "freedom to distribute a copy" requirement - which seems to be incompatible with apple store policies (I think there is a line that states that downloads are for personal use only).

Is this a valid concern? Can I meet the requirements of the GPL by distributing the osx binary at the same place as the source, since I can't do it in the apple store? Or is this forbidden by the apple store policy (it seems to require that apple store software be downloadable only from apple store)?

edit

By apple store I mean mac app store (gpl is not compatible with iPhone's app store).

edit 2

I add a good clarification to the accepted answer from the comments by Abhi Beckert:

So, if you wrote all the code yourself then you do whatever you want including releasing it on the Mac/iPhone App Stores. If you didn't write all the code, then you need permission from anyone who ever wrote even one line. All of the GPL apps which have been pulled, were pulled because one (or more) of the developers demanded that it be taken down. Once that happens, Apple must pull it, or they'd face criminal charges

And in practice: remove all mercurial changesets that are not yours and make the program work after that (or ask for approval from the person who wrote the changeset).

Juha
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3 Answers3

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If you own 100% of the code in your application, (like in the iRail example you linked to) then you can dual-license the code: one for AppStore and one for everybody else.

If you don't own 100% of the (i.e. you make use of GPL third-party libraries) then you also need to get permission of those copyright-holders, and you need to get a new license from them before you can put it on the AppStore.

Note that not all open source licenses have the same restrictions as the GPL. I believe BSD, MIT and some other licenses would be compatible. (but IANAL)

Dean Harding
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No for GPLv2 - see news articles re VLC and App Store and I would assume GPLv3 makes it even more so unless all contributors agree to use a different license to put it in the App Store

Brett Smith, Licensing Compliance Engineer, Free Software Foundation has given his views on the videolan mailing list,unfortunate the list has gone but quoted here

In a note to the VLC membership list, Brett Smith, FSF Licensing Compliance Engineer, wrote that because "Apple 'only' allows you to do the activities in the list of Usage Rules, if an activity does not appear in this list, you're not allowed to do it at all."

mmmmmm
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If you are the copyright holder, you can do whatever you like.

As far as Apple is concerned, they require that you agree to their default license (which allows me, as the end user, to download the app onto multiple devices, for example). On the other hand, you can also have your own license. Both licenses apply. A license gives the user permission to do things beyond what plain copyright law allows, so as an end user in your case I would be allowed to do whatever Apple's default license allows, plus whatever GPL v.3 allows.

As far as open source fanatics are concerned who have no copyright to your code or parts of it, nobody cares.

If you have other copyright holders to GPL licensed code, what matters is not whether it is legal or not, what matters is that they can send a DMCA notice to Apple, and Apple will take down your application. If a copyright holder says they don't want their code on the App Store, then it gets removed. Whether the copyright holder has the right to make this demand or not, Apple doesn't care.

Note that when people download from the App Store, they don't pay for the software, they pay for the license (that's what Apple says). On the other hand, various GPL licenses allow you to charge for the software as much as you like, to charge for source code as much as it costs you, but not to charge anything for the license. Both combined it seems you cannot sell GPL licensed software for money on the App Store, only if it is free. Again, it only matters if someone complains. And if it is completely your own code, you are free to do whatever you want.

gnasher729
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