Once again, the Free Software Foundation has done its best to put stumbling blocks in the path of getting GPL-licensed software onto the iPhones, iPods and iPads of some fifty million Apple customers. And while the last time—over a not-terribly-good app for playing the Japanese game of Go—was a tempest in a teapot, this one will have rather more impact, I suspect.
This time, the fracas is over an iOS version of the free software media player, VLC. A Paris-based software developer, Applidium, released a version of the application for the iPad and iPhone a while back, which has apparently achieved a little popularity. However, one of the developers of VLC, Rémi Deni-Courmont, has taken extreme exception to that, calling it a “copyright violation” and demanding that the app be removed from the iTunes App Store.
The discussion around this has shown that there’s a great deal of dissension over this issue. So, far—despite predictions to the contrary—the app still seems to be up in the store, and I personally expect it will be staying there for a while. Here’s why:
VLC is not a project which asks that contributors assign copyright, so strictly speaking Deni-Courmont only has a direct interest in those portion which show his copyright. Apple, however, doesn’t look at sources. Since the application say “© the Videolan Team”, short of changing his name, it’s going to be difficult for Deni-Courmont to demonstrate his own interest in it.
I’m figuring that Apple’s response to Deni-Courmont’s complaints is going to be, “If you’ve got a beef with someone, it’s with Applidium, not us. Go sue them, and when you win, let us know, and we’ll take the app down.” This would seem to be in line with a tweet from the official Videolan account, suggesting that Gizmodo’s claim that VLC for iOS was going away soon was “FUD”.
The FSF, in their ever-present haste to paint Apple as a villain whenever possible, has taken Deni-Courmont’s side in this, and weighed in on the issue with some very sketchy reasoning, both on their web site and on the VLC discussion list.
The reasoning given by Brett C. Smith, the FSF’s Compliance Engineer, runs as follows:
1. Apple’s End User License Agreement applies to all apps on the store. This is incorrect: in the absence of a specific third-party EULA from the developer, this is the case, but the developer’s EULA overrides Apple’s, if they conflict. Applidium could easily provide a EULA to circumvent this issue.
2. The App Store terms impose strict usage rules on all software. Perhaps, if they apply—but in any case, this is immaterial. To quote from the GPL v2, §0: ”Activities other than copying, distribution and modification are not covered by this License; they are outside its scope.” [My emphasis]
The GPL does not cover “usage rules”, and explicitly so. In any case, the “usage rules” to which Smith is objecting are the restriction that a downloaded app “cannot be used commercially”, and that an app can be installed on no more than five iOS devices under a single Apple Store account.
Clearly, both of these “restrictions” exist solely to protect commercial developers and to protect their ability to make future sales. Neither of them has particular meaning in the context of a free (in the sense of “available at no charge”) application whose source code is available under a free software license. Smith is straining at gnats and swallowing camels to find problems here.
3. The GPL prohibits these restrictions. No, it doesn’t, and it says it doesn’t. The closest Smith can get is the inability to have the app on more than five iOS devices—a fairly unrealistic scenario to begin with—and one easily remedied by setting up an additional Apple Store ID to cover the 6th through 10th devices.
It seems clear that the FSF, Smith and Deni-Courmont are looking for excuses to press their own political agenda—Apple as freedom-hating villain—on the rest of the world, and over the apparent protests of many other participants in the VLC project. Jean-Baptiste Kempf has presented his own thoughts on why the reasoning presented is full of holes, and there’s been increasingly strident disagreement over this on the list.
It looks like the FSF and Deni-Courmont will keep complaining about this but—as of a moment ago—it was still up there, still freely available. This may turn out to be a watershed moment for the free software movement. It would have been a lot better if they’d found a way to work with the mobile space and with companies like Apple, but they’ve refused to. Next stop, irrelevance?
