License of Apps

Hey,

I know the app loader repository is MIT licensed (https://github.com/espruino/BangleApps),
but shouldn't it somewhere state what license the apps themselves are? I assume it's intended that they are MIT licensed too?

I am asking cause I wanna fork a watchface and just add the widget code to it.

Greetings,
Tobias

Fri 2020.04.03

Opens a 'Can of Worms'

I've been patiently waiting since Nov 9, 2019 KickStarter launch to see how this would play out. Surprised it has taken this long.

Not only is licensing a concern, so is Copyright. Local Country laws are different than International ones. Tradename, Trademark, Intellectual Property Rights. Seriously affects those that would wish to make reference to, or release a book detailing functionality or revealing source code.

What about someone that created their 'Super-Duper Wham Bam Encrypted Bluetooth Rocket Launcher Interface' and wishes to produce a saleable product? Who provides support? Can that app be launched from the existing page? Do they pay a slotting fee? May they include their own license terms or ignore them all together?

What if that paid app, or any widget for that matter, interferes with either another app/widget or somehow the underlying firmware. Who is responsible? Who supports?

What about apps/widgets that don't provide a 'How to Use' or usage examples? Should that be a requirement? Who sets the minimal criteria to get onto the launch page?

What about variants. Say a developer sees a better feature. Enhances and wants to call it by the same name. Who takes credit? Which author supports?

What are the rules and restrictions for what can/will be allowed, especially with all the politically correct awareness we face in N.A. What if a child encounters something beneath an adult classification? Prepared for a lawsuit?

The basic license terms release the aquirer from Copyright worry over free copy and distribution. It does not gurantee exclusion from liability however. The disclaimer is an attachment to the copy distribution terms and has been challenged legally.


Don't shoot the messenger


This could be a very long thread discussion indeed. . . .

Hi! Yes, the intention is that everything in the repository (apps and loader) are MIT Licensed. In the EspruinoDocs repo I add the following at the top of every JS file and the question hasn't come up in ~7 years:

/* Copyright (c) 2020 XYZ. See the file LICENSE for copying permission. */

Do you think that would clear up any potential issues?

@Robin as far as I am concerned there is no discussion about support and liabiltiy. The MIT license is pretty clear - basically do what you want, but in return nobody is required to provide any support of liability.

The reason why I asked is because it didn't say in the submit your app thing that you accept your app distributed under MIT. Thanks for clarifying.

Also, about copyright issues: Who is at fault for copyrighted stuff like the mario clock? What if nintendo decides to be stupid about it (and they often are) Since technically you are the repo owner.

Scary, I never thought about this valid point.

A quick internet search gives me the fair uses or fair dealing (in UK) exceptions for copyright violations.

Within the United Kingdom, fair dealing is a legal doctrine that provides an exception to the nation's copyright law in cases where the copyright infringement is for the purposes of non-commercial research or study, criticism or review, or for the reporting of current events.

Does that sounds OKAY?

Not really, since it doesn't fall under study, even though it's non commercial.

I wouldn't take it down though since I only ever read that fan made games get letters from their lawyers from what I've heard.

Obviously, if you wanna be on the super safe side you would have to write an email.
https://www.nintendo.com/corp/legal.jsp

I think if you do that you might get asked to remove it though.

Yeah I definitely wouldn't ask.
https://www.nintendo.co.uk/Legal-information/Copyright/Copyright-625949.html

Edit: Seems like this is for site content, but still. They are the most overprotective company I know of.

Recital 70 of the "DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on copyright and related rights" ( https://data.consilium.europa.eu/doc/document/PE-51-2019-INIT/en/pdf ) might allow the distribution, as it reads:
"Users should be allowed to upload and make available content generated by users for the specific purposes of quotation, criticism, review, caricature, parody or pastiche."
However I don't know if this is already current law in the UK (this is IMHO an directive which needs to be transformed in national law) .

I'll add a note to the top of the repo - if you think there's anywhere else I could put it, please let me know!

I think there are so many bits of Mario fan-made stuff out there that we'd be safe - but if I get a copyright claim then yes, I would have to remove it.

To be on the safe side - and maybe I should be more explicit about this - please don't copy copyrighted images/etc without permission and add them to the repo. For instance if at all possible, make your own Mario pixel art or use some from a source that has freely licensed it.

For instance the recent Minions clock face could potentially cause a problem I guess... While legally we're probably ok on fair use, it's not like GitHub will care if they get a DMCA takedown.

You should add it to the submit your app tutorial too probably.

Just done, will update it soon