I have made an application that I would like to upload to the Google Play. However, I don't want to do it haphazardly and I want to protect my app while not getting into legal trouble.
What I basically want for my application is to have all the rights over it, that is, that nobody can modify, distribute, commercialize, etc. my application nor the code contained in it. Neither the logo nor that they can copy the application (in terms of name and functionality).
I have seen the questions on this site about licenses and I think that the ones that best suit my needs are these:
- licenses in android
- DMCA (Digital Millennium Copyright Act)
- Can I use open source code from another developer for commercial use?
However, I have seen that in order to use the code that is in the Android documentation (which uses an Apache license), you have to publish the corresponding license along with the code. Also, I don't know how I should add this license to the application or if I should make the code accessible to the rest of the world.
I have also read about the license LVL, however what I have been able to understand is that you restrict access but I do not know if this also concerns rights of modification, distribution, commercialization, etc. that at the beginning of the question I name.
Finally, my application uses Google Mapsand it sounds to me that when looking for information on how to use it, I saw somewhere in the documentation that it had to be added somewhere that you were using Google Maps. However, I've tried searching for it again and haven't been able to find that reference.
Therefore, I have several doubts:
- Is there a specific license that I should use for the requirements that I ask for (that I have all the rights to the app)? Would I have to use
LVL,Apache, both or another one that I believe? - If I have to add the Apache license in the application since I have used code from the Android documentation, where should I add it? Should I create a tab within the app just for that license?
- Using
Google MapsShould I also add that I am using it? Also as another app tab? - The logo and the fact that they cannot copy the application (functionality and name), would it go under the same license as the rest of the attributions? Should I create a patent for this?
- Does my code need to be open for everyone to see?
- Do I also need to register my application as a patent?
- Being in Spain and using
Google Play, will I be subject to the regulations of the United States or the European Union?
I've been reading documentation about licenses for several weeks but I can't figure out which one to use or if I should just use one in particular or all of them together. I don't know anything about laws and the truth is that I'm pretty lost right now.
Note: I would appreciate answers from experience, but I would appreciate any clarification that can help me resolve doubts about licenses.
Concepts
When you distribute a computer application you must define the terms of use, this can be done through a software contract that is valid according to the legislation of the country in which the application is distributed. There are different types of contracts such as lease or purchase, but these are always subject to a license. A fairly common way of presenting the contract to the user is the wrap-agreement .
A different topic is copyright or copyright . This refers to the authorship of a work. Copyright is only one of the forms of intellectual property and a work is immediately copyrighted after its creation is fixed, although by express agreement by the author it can be waived, assigned, etc.
An express agreement (or license) allows a legitimate use of the work by others, an example is the author who decides to charge for his work (generally all rights reserved), for whom he buys it, its use is legitimate; On the other hand, some authors use licenses such as creative commons that allow them to waive certain rights (some rights reserved).
In cases such as software, it is necessary for the author to issue a license (which sometimes includes a contract), this allows clarifying legal aspects related to use, such as who is responsible in the event of a software error . In a few words , licenses are declarations of permits for the use of works. GitHub provides a guide to selecting the correct license.
When an author or company wants to identify their product or service, most countries provide trademarks . These registrations protect the name, slogan, logo and other identifying elements of a brand against unauthorized use by third parties for specific purposes.
In addition to trademarks, there are software patents :
With respect to software patents, there is a controversy between the legislation of the USA and that of the European Union, who are the main representatives of each party. Many of the patents that are valid in the US are not valid in Europe, where one of the cases where this difference can be seen is that of SAS Institute against World Programming where the Court of Justice of the European Union concludes that:
Related articles: FayerWayer , Reuters , Directives , Directives History
This means your software can be copied in functionality in some places, since in copyright the idea is not protected but the expression and the functionality does not constitute a form of expression of said program because the EU defines expression as code font.
Even so, to have an intellectual property or trademark registration, you must go to the office of the respective country. A list of these organizations by country is available on the WIPO site .
google play
The google play contract with its users comes into force from the moment the content is downloaded or purchased, it has conditions of service that define what the user can and cannot do with it. This means that in case any of the clauses is violated, the issuer of the contract/license can terminate it and even take you to court for not respecting the conditions.
In addition, Google Play allows you to prevent access to your application to certain countries since not all countries have a favorable legislation for your application and you are not obliged to distribute it in all.
On the other hand, it also defines a distribution agreement in which the developer (who publishes the application) must meet certain requirements and assign certain non-exclusive rights that allow Google Play to display resources and distribute the application. The most important thing is in these paragraphs:
(The quote above could change over time, remember that it corresponds to the date of this answer)
Clarifications
LVL is not a type of license. LVL is a framework and service of Google Play that allows to facilitate the verification of licenses of the applications that you distribute through the store.
DMCA is a United States law that penalizes copyright infringement (and other infringements). To make a claim in the US you must contact The United States Copyright Office . It should be remembered that this is only valid for infractions within the territory of the USA and may not have an effect in other countries. The site www.dmca.com (Digital Millennium Copyright Act Services Ltd.) a company not associated with the US government that offers to submit petitions to the court about copyright infringements.
If you want to distribute a commercial or private application just don't deliver the source code, always keep it safe and private. You must write a contract or custom license that declares the policies and terms of use of use (prohibition of copying, redistribution, decompilation, etc), privacy, developer intellectual property and user content (only if your application allows the creation or upload content), etc. Some examples of licenses of the services/products that I frequent are: Whatsapp , DeviantArt , Pinterest , Windows 10 , GitHub
Yes. You must add a help tab or section, where you must show the license, third-party software licenses and everything from the previous point. In addition to contact information and that type of information. Remember that there are licenses that require you to declare their use and authors such as Apache and others that do not allow you to appropriate the software such as GNU , so you must use the same license and release the source code. To obtain a patent or trademark you must approach the office of your country (the link is above). You can enter the Facebook or Whatsapp application and navigate to the licenses/help part to get an idea of how to present the content.
I recommend that you read the Google Maps terms of use . If your application is paid, the service is no longer free.
The regulations to which you are restricted are:
You can search the internet for software legal protection , you can find articles like Software legal protection in Spain
Arie posted an excellent answer that covers all the points in the question. It seems appropriate to expand only in terms of the Google Maps license.
What follows is a simplification of the terms and conditions of service and, as such, is a personal interpretation of what I find relevant (and may be outdated). To refer to the terms and conditions, please read the Google Maps/Google Earth APIs Terms of Service document .
Google Maps
Service License
Content License
restrictions
You are not allowed to display Google marks in any way that would appear to imply that your product has a relationship or affiliation, sponsorship or endorsement with Google that goes beyond what is meant by use of the service.
Similarly, your content may not be presented in a way that appears to be created by Google.
The service cannot be used if any of your products display adult content (including tobacco and alcohol) or promote illegal activities of any kind.
Modify, use, or alter Google's trademarks or logos in any way other than what is shown on the map (neither larger, smaller, nor distorted).
Requirements
(don't despair until you read the exceptions)
It must be accessible to the general public free of charge and must not require a subscription fee or other restricted access. If you want to market it, you must hire a different service (ie Enterprise ).
It should not work exclusively behind a firewall; only on a LAN (except during development and testing); Not in a gated community.
Exceptions to these requirements:
Enterprise Agreement with Google, with the written permission of Google.
Mobile applications . The requirement to be accessible free of charge does not apply if it is used in a mobile application that is marketed through an online store and can be downloaded to a mobile device, as long as it is not an Android application that also uses another service . of maps .
Examples:
Terms of Service
You must:
Show users the link to the Google Terms of Service, as presented by the service (on the map), as described in the Google Maps API Documentation ;
Make explicit within your application's terms of use that by using your implementation of the Maps API, users agree to comply with Google's Terms of Service.
Protect the legal and privacy rights of such users.
Make public the privacy policy of your application , in accordance with that of the Google Maps API and respect it. Within your privacy policy, you must notify users that you are using the Google Maps API, incorporating the reference to http://www.google.com/policies/privacy .
In particular, if you, or any other party, are permitted to access users' information (personal or location), the privacy policy must describe its use and storage of this information.
Notify the user in advance of the types of data that may be collected (from the user or from the device). No user's location shall be obtained or cached in any way, except with the user's prior consent. The user must be allowed to revoke this consent at any time.
If cookies are used, for users in the European Union, you must comply with the EU User Consent Policy .
restrictions
You will not be able to use the service for Asset Tracking , unless an Enterprise license is contracted (or a Premium Plan , or Maps API for Work that explicitly indicate so).
Unless the documentation expressly allows it, you will not be able to use the content if it is not on a Google map . For example, displaying Street View images without the map is allowed, because the documentation says so explicitly.
Your license to Google
Google does not claim any ownership of your content and retains any copyright and other rights you already own in your content.
You grant Google a non-exclusive, worldwide, sublicensable, royalty-free license to use your Brand Goodies and Content to advertise or advertise that you are using the Google Service (including linking to your website).