Copyright violation

[Poussinou]

Hi @martykan

I found this app on the Google Play Store. This guy just took your source code, added some ads in it and put it on the Store, without warning this is free software...

As you are the owner of the source code, feel free to open a request to google here to remove the false app from the Store, if it's your wish ;)

Don't forget to tell Google that:

• The app is licensed under GNU GPL v3 license and this guy is violating it;
• He is falsely claiming he made the app;
• Also tell them that this guy has done the same thing already with other apps. Probably this is worth mentioning.

[bettina86]

I read the licence and you don't know what you say. I don't think that the gy is violating the copyright. Gnu licence v3 give you the possibility of modify, distribuite and sell the app and obviusly give other the possibility making the same thing. That guy should be write GNU licence v3 and give the link of source code.

[Poussinou]

@bettina86 YOU don't know "what you say". When publishing under GNU GPL v3, the guy who modify the app has to publish the changes he made, he has to credit the original author, and has to add the license or give a link to it... That's what I said "without warning this is free software" and "this guy is violating it"

Please read the license carefully one more time...

[FridoDeluxe]

@Poussinou's points are valid, thanks for discovering it and creating this issue! In my opinion this app should be reported. Maybe @martykan as the repository owner should do it? If he has no time I can do it, what does @robinpaulson think?

[robinpaulson]

At a quick glance it looks problematic. I will dig more, look for source code and attribution, then contact. Any help with a repo location would be appreciated.

[robinpaulson]

Also, please be careful when writing and reading messages folks; text is a dreadful medium for communication, meaning is often lost, confused or misunderstood.

[FridoDeluxe]

I couldn't find any source code or more information except in the app description at Google Play. The only website seems to be the Privacy Policy.

@robinpaulson You are right, it's probably the best to contact the developer first and ask for license/source code, give him maybe 7 days to respond and then report his app, if the issues aren't resolved.

[Poussinou]

@robinpaulson There is also this one

Maybe you should take some time (one hour or something so) to check the other apps about weather information on Google Play Store, and report them to Google when this are just copies of Forecastie. I think some of them are just "Forecastie" with ads in it, and without GNU GPL, code source and your permission... If you do it, please copy-paste the links of the apps you reported in this thread, so that I can track the "Google developers" who are stealing your work. Thanks

[FridoDeluxe]

I found also Weather forecast + widget and Forecastnow. Both look exactly as Forecastie, but do not mention a license or provide the source code.

Did anyone report the app from the first post? It's not available at Google Play Store anymore.

[Poussinou]

@FridoDeluxe Thanks for doing this :) how many apps did you check? :)
I do not report the first one, the fake developer is probably watching this thread... If you read this, fake developer, I'll take you down ❤️

[robinpaulson]

Interesting, good research @FridoDeluxe
I haven't reported anything yet, it's on my todo list though.

[bettina86]

The developer of this app https://play.google.com/store/apps/details?id=com.rocasoftware.weatherapp answered me that he has the permission of Castica of use partially or full the code of Forecastie and he has a Commercial Licence. I don't know if it's true.

[martykan]

No, there is no commercial license. I told him he is authorized to reproduce the app under the GPLv3 license - just like everyone else.

…

On Fri, Aug 11, 2017, 13:49 bettina86 ***@***.***> wrote: The developer of this app https://play.google.com/store/apps/details?id=com.rocasoftware.weatherapp answered me that he has the permission of Castica of use partially or full the code of Forecastie and he has a Commercial Licence. I don't know if it's true. — You are receiving this because you were mentioned. Reply to this email directly, view it on GitHub <#235 (comment)>, or mute the thread <https://github.com/notifications/unsubscribe-auth/AIbLFayaT9jgW0f1sVHx5wQrs_8GeOa9ks5sXD_AgaJpZM4OrRy1> .

[FridoDeluxe]

The app https://play.google.com/store/apps/details?id=com.rocasoftware.weatherapp is available again at Google Play, but still neither license nor source code I could find.

[robinpaulson]

When the software is installed, what does the "About" screen show? If it is a direct copy of Forecastie, there will be the author's name, a note about GPLv3 and a link to this github repo. I wonder if that is enough, or does GPLv3 explicitly require showing the licence and author before installing? I would argue anyone should show that info, but it may not be required.

That assumes they haven't made any modifications of course.

[FridoDeluxe]

My Forecastie 1.5 About screen contains the licenses for weather data and artwork, and an email link to Tomas Martykan, but no repository URL or GPLv3 of the app itself.

I installed all three known potentially fake versions of Forecastie. All of them are not a exact copies but somewhat different:

com.rocasoftware.weatherapp:

• 500 - 1000 installations
• contains ads
• a few things seem to be changed or missing compared to Forecastie
• no About screen

com.vozisov.weather:

• 100 - 500 installations
• contains adds
• almost no changes
• About screen screenshot:
  

com.ingic.forecastnow:

• 10 - 50 installations
• almost no changes
• no About screen

[robinpaulson]

@FridoDeluxe perhaps we should add a repo link and see what happens next release?

[icasdri]

com.vozisov.weather is unquestionably in violation. Based solely on the screenshot given by @FridoDeluxe above, it is a derivative work without any chance of full source code due to the inclusion of ads from ad networks which do not have open source licenses.

Furthermore, I would infer mal-intent from changing the author in the About, and therefore would be in favor of just filing DMCA takedown without any diplomacy. I will do this (I have code in Forecastie) if no one else wants to (although of course, @martykan doing it would be better).

[robinpaulson]

@icasdri I think you're right and there's little doubt this is unintentional. I have code in Forecastie too, go for it with the takedown. I think an attempt at diplomacy/discussion will likely go nowhere/waste time.

[FridoDeluxe]

Feel free to file a takedown request. But generally I'm personally in favor of the diplomatic way, in doubt the accused person might have just forgot to link the source code. Unfortunately a takedown request at a big company like Google starts a rather automatic and intransparent process that leaves almost no possibilities for the involed parties to react accordingly (similar things happend to the Gadgetbridge project)

Interestingly it's advantageous to have an F-Droid app published at Google Play, it makes things easier when handling fake copies: https://forum.f-droid.org/t/publish-your-gpl-apps-on-google-play-sooner-rather-than-later/827.

[icasdri]

@FridoDeluxe only problem with the case of com.vozisov.weather is that they can't possibly link to the source code because they are distributing a derivative work that contains closed-source ad software (and forecastie is GPL not LGPL). I will file DMCA for at least com.vozisov.weather (unless @martykan, who is better suited, would like to) when I find the time.

[robinpaulson]

@icasdri
Is it necessarily derivative, or is there any possibility it is mere aggregation?
I believe (but may be wrong) that if there are no calls between the two/reworking of forecastie code, it is not a derivative. For instance, could the ads be an overlay which ignores forecastie data/layout?

[icasdri]

@robinpaulson that would be the case if it were distributed separately. However, the code for ads and the app itself is bound together in one APK, and more specifically linked together (in the Java sense). Forecastie does not have the linking exception; therefore, under the GPL, I believe it does qualify as derivative (although IANAL).

[icasdri]

I think a basic understanding of the situation can be gleaned from https://www.gnu.org/licenses/gpl-faq.en.html#GPLIncompatibleLibs.

tl;dr, if we had wanted the combination of Forecastie and non-free libs (in this case libraries providing ads) to be legally distributable, we would have had to explicitly grant an exception, which we have not done, and so they are not.

The only case where they may be is if the ads somehow qualify for the system library exception, which is quite a stretch.

[robinpaulson]

more specifically linked together (in the Java sense)

That's my point, is it necessarily so that they are linked? Is it possible they are not?

I agree if they are linked it is an obvious violation of GPL, my question is whether they are linked or not.

Yes, they are in one apk, but could that be seen as "mere combination" - after all, an APK is a zip archive and does not have to mean there are any calls between the included pieces of software? To be clear: I do not wish to defend gpl violations, merely to make sure we are on stable ground before we make accusations/do the DMCA thing.

[ildar]

Single classes.dex file → linked ?

[robinpaulson]

Single classes.dex file → linked ?

OK, that's a good response. I don't understand the internals of a .dex file. I will research and find out.

[icasdri]

As I understand it, it can only be called an "aggregate" (defined in Section 5 of the GPL) only if one can claim that the ads and vanilla forecastie are two separate programs, as opposed to one larger program. (per Section 5: A compilation ... with separate and independent works ... and which are not combined with it such as to form a larger program ... is called an "aggregate").

Supporting the spirit of this interpretation, a few paragraphs above, Section 5 also states This License will therefore apply ... regardless of how they are packaged.

[kabilzamandar]

I've built a weather forecast app, and came across Forecastie and i may use some part of the Forecastie code, i have my layouts, icons and other assets, i need just few java classes. If/when i use some of the classes of the original code, does this mean i should open-source all of my app? I will distribute my app as closed-source commercial app. I read GNU GPL v3 license but frankly i didn't get all of it.

I also another question about licensed software, if i use all of the code under GNU GPL v3 license and add it to my app or combine it my app, for example add a GNU GPL v3 licensed Exif reader app to my Camera app, does it mean that i should open-source and distribute all of my code too? Where should i distribute the code, in GitHub? How can i commercially license my code?

[robinpaulson]

Yes, this is great. Better, more forceful language. Please do contact the app publishers, then Google Play. Excellent work, I'm glad to see someone doing this.

[FridoDeluxe]

GPL proposes to add a copyright notice to every source code file. The notice should be someting like this:

{one line to give the program's name and a brief idea of what it does.}
Copyright (C) {year} {name of author}

This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along with this program. If not, see http://www.gnu.org/licenses/.

Two questions arise for me:

1. Should we add such a copyright notice to every file? If yes, what is the name of the author: martykan or his real name, a name of every other contributor to the respective piece of code, or a link to the contributors? I'm not sure if it's legally correct to add a copyright notice afterwards, and of course it means some work to go through all files.
2. If one of the GPL-violating Forecastie forks now aggrees to publish it under the GPL license how should the fork correctly credit the original Forecastie? Besides the license file and the text in the about screen there is currently nothing stating the license or the copyright.

[robinpaulson]

1. Yes, we should add copyright info to every file. Tomáš Martykán is the author's real name, I think we should list it as "Tomáš Martykán and other contributors",with a link to the Github contributors page as you suggest. Or we could look up how something like the Linux kernel does it, it's well known that Linus only contributes a tiny amount of code. I would suggest using the command-line utility sed to inject the applicable lines of code to all the files, a single line of bash will easily do that. I think it would be unreasonable for anyone to claim individual files are not GPL-covered, on the basis of us not including that line, I see it more as a convenience for someone who chances upon a single files without realising the broader context of it.
2. I'm not sure I understand. As far as I'm concerned, there has always been enough information for a person to realise the code was GPL and written by Tomáš plus others, even if we did not fully follow the suggestions made by GNU. We are merely making that even more obvious now. Or have I missed the point you were making?

[FridoDeluxe]

1. Linux kernel uses SPDX for license information in source code. I checked some other GPL projects, most of them don't use any copyright notice. But a copyright info with "Tomáš Martykán and other contributors" and a link to the Github contributors page sounds good. Also I fully agree on that:

I think it would be unreasonable for anyone to claim individual files are not GPL-covered, on the basis of us not including that line, I see it more as a convenience for someone who chances upon a single files without realising the broader context of it.

2. My question was unclear. Besides the obvious GPL license I was wondering how exactly a fork needs to credit its origin in Forecastie: In GitHub's README file? In the description text at Google Play? In some kind of about screen inside the app? Or not at all, when there is no pre-existing copyright notice? For me the GPL does not have detailed instructions about this (probably for a good reason). But I guess something like "based on Forecastie" clearly visible in the app and its description should be enough.

[robinpaulson]

Right, got it. SPDX looks interesting.

I'm not sure how to answer your second point, but what you've written is probably a good answer. "Based upon Forecastie", with a link to the github repo sounds like enough for me.

[FridoDeluxe]

This is for tracking the status of the reported GPL violations, last update: 2020-03-20.

com.rocasoftware.weatherapp

• 2020-01-24 notice mail sent
• 2020-01-25 them: I would Gladly do it if you tell me exactly what i need to to to comply. I understand upload the sourdecode, How do i go about the GPL notice?
• 2020-01-27 me: Thank You for Your reply. Please understand that I cannot give You any legal advice. For the details about license compliance please refer to the terms of the GNU General Public License, version 3 (https://github.com/martykan/forecastie/blob/master/LICENSE), or the additional information given by the Free Software Foundation (https://www.gnu.org/licenses/gpl-3.0.en.html). In any case, for the case of "Forecastie" it is important that You: 1. license Your App "Local Weather Live - Local Weather Forecast" under the GNU General Public License, version 3 (and ensure that all code and libraries are compliant with this license), 2. provide the full source code, 3. state clearly that Your app is based on "Forecastie".
• 2020-02-07 them: Ive been reading about how to go on this matter. I know i need to disclose this is based on FORECASTIE work. I will be doing the next: - Add a Based on Forecastie "disclouse Either on the "About" section or display a banner open opening the app for the first time. disclosing the same info. - Add "based on Forecastie Work on the Play Store description. However Im not sure if Links on the Description are allowed. Just letting you know, As of right now Im away from all the apps world (as you can see the last update on the app). Ill be looking on doing this as a priority, however it might take me some weeks, due to my job. Additionally I would like to apologize to you and all Forecastie Team if at some point I offended you guys.
• 2020-02-09 me: thank You for the update. It is not important that the link in the Play Store description is clickable, especially if that is not possible. The copyright notice inside the app should be accessible by the user whenever he wants, not only at the first start. I understand Your lack of time, still please make sure that You fully comply with the GNU General Public License, version 3, until February 24th. I myself accept Your apololgy. The GPL license for "Forecastie" was chosen for a reason and we just want to ensure that it is respected.
• 2020-02-13 them: Im still not working on this as Im out of the City due to work. However i wanted to ask you and the team, Is there any way a can either get a paid license to use the code, or make an economical contribution to the development, to get a permission to use the app as it is? Ill be honest, the app does not generate real money with the ads, Im not gonna lie, its probably $5-7 a month. However I IF POSSIBLE i would prefer to leave it app as it is, Let me know, Ill be taking a look on the app once I get back home. Ill try to make the mark you mention, Feb 24th. if any delay Ill let you know. Thanks for your support.
• 2020-02-15: me: Forecastie is only available under the GNU General Public License, version 3. We do not offer any kind of paid license or other exceptions to the GPL.
• 2020-02-25: them: Just letting you know Im still not home. I havent start to correct the app just yet. Just texting you to let you know, so you dont think Im just ignoring you. Ill try to have this done withing the next couple weeks, as i plan to be back home by 1st of march. Just FYI, the reason is Im now a Small Airline Pilot, so going home takes me a long season. Thanks for your understanding
• 2020-03-12 DMCA takedown requested at Google
• 2020-03-20 app is not available anymore

com.alideveloper.weatherapps

• 2020-01-24 notice mail sent
• 2020-01-24 delivery fail: mtaproxy312.free.mail.ne1.yahoo.com gave this error:
  Remote server returned an error -> 554 delivery error: dd Sorry, your message to ***@yahoo.com cannot be delivered. This mailbox is disabled (554.30). - mta4226.mail.ne1.yahoo.com
• 2020-01-28 DMCA takedown requested at Google
• 2020-02-05 After some mail-correspondence with Google the app is not available anymore

com.codebots.weather

• 2020-01-24 notice mail sent
• 2020-02-29 DMCA takedown requested at Google
• 2020-03-11 app is not available anymore
• 2020-03-11 them: One of our app namely Offline Weather Forecast was removed from google play after your copyright infringement. The copyright text sent by google attached beow. In above data it is stated that developers were contacted for the removal of copyrights from their apps but we received no such email from your side. Moreover our app was published a long time ago when we were still in our learning phase and have not been updated in a long time as well. We shall bring it in compliance with GNP Licences or we are ready to completely un-publish the app our self. Since after your copyright claim it was suspended from google play which leaves a negative impact on our google play as well as admob account. Please provide a legal permission, we are ready to take any steps required in order to bring the app in compliance. We hope to hear a positive response from your side
• 2020-03-11 me: I contacted You via ***@gmail.com on 2020-01-24 from my outlook.com mail address, but didn't receive any response for more than 30 days. Only afterwards I reported the copyright violation to Google. Our Android app "Forecastie" is (and always was) licensed under the terms of the GNU General Public License, version 3, as stated by the URL https://github.com/martykan/forecastie/blob/master/LICENSE. We do not offer any kind of commercial license or other exceptions to the GPL. You can use the source code of "Forecastie" and publish an app, as long as You comply with the GPL. Please inform Yourself what is necessary to comply with this license (for example, it includes that you license Your app also under the GPL and make sure that all components are compliant, provide the full source code, and provide a copyright notice that clearly states that Your app is based on "Forecastie").

app.thienluan.forecastie

• 2020-01-24 notice mail sent
• 2020-02-29 DMCA takedown requested at Google
• 2020-03-11 app is not available anymore

vn.ntbltechh.wheatherappp

• 2020-01-24 notice mail sent
• 2020-02-09 app is not available anymore

[robinpaulson]

This is excellent frido, I'm really pleased to see this. Quick thinking, too: "I cannot give you any legal advice". I'm looking forward to how this plays out.

[FridoDeluxe]

Roca Software (the author of com.rocasoftware.weatherapp) is asking the following thing (the full conversation is in the post above):

Im still not working on this as Im out of the City due to work. However i wanted to ask you and the team, Is there any way a can either get a paid license to use the code, or make an economical contribution to the development, to get a permission to use the app as it is? Ill be honest, the app does not generate real money with the ads, Im not gonna lie, its probably $5-7 a month. However I IF POSSIBLE i would prefer to leave it app as it is,
Let me know, Ill be taking a look on the app once I get back home. Ill try to make the mark you mention, Feb 24th. if any delay Ill let you know.
Thanks for your support.

My opinion: He can join Forecastie development whenever he wants and he can use the code as long as he complies with the GPL license. But no exceptions, neither by any kind of payment.

@robinpaulson Right?

[robinpaulson]

@FridoDeluxe Absolutely, no exceptions.

[FridoDeluxe]

After almost two months all five GPL violating apps are not online anymore. One disappeared right after my contact attempt, the other four were made unavailable by Google. Other findings:

• A DMCA takedown request at Google takes some time. I asked for an update after a week and this seemed to accelerate the process.
• Some developers promised to fix license problems or asked for help, but they actually didn't change anything.

Feel free to use the texts above for future license violations. In case I handle any future license violations I will not report in such an extensive manner anymore.

[robinpaulson]

Marvellous, I'm glad to hear this. I very much appreciate your work following this up.

[Poussinou]

@FridoDeluxe Thanks for making everything clear, it was interesting to read!

[robinpaulson]

I've created a new issue to deal with SPDX info, take a look at #449 if you're interested.

[Prince655]

Hi sir, myself Prince. I'm working with this app since 1 month coz I found it very great. I have added many regional language in this as you know india is a agriculture land but our farmers are not well educated so regional language will make them understanding btw icons say much more.
Another thing which I added is weather report that I'll manually update daily & of course ads a little bit.
So I want to ask you may I publish that on Play Store?
If yes, then how coz I'm seeing you are taking down apps.
Can I publish it with the default about section to keep safe from takedown or may I add extra things in about me in about page. I have not any intention to take credit of your work, I'll only take credit what I did.
Pls reply,
Thanks.

[FridoDeluxe]

... So I want to ask you may I publish that on Play Store? ...

Forecastie is licensed under the GNU General Public License, version 3. That means you are allowed to use the source code and publish your modified app anytime as long as everything is compliant with this GPL license. Please inform yourself what's necessary for it. This issue's discussion has some information about the implications of using Forecastie's code.

Of course we would appreaciate if you could share your modifications with us in a way that Forecastie can benefit directly from these improvements. Feel free to discuss your ideas, send pull requests or help with translations.

[Prince655]

Ok sir, thanks.

[FridoDeluxe]

Mainly you need to

1. license your app under the GNU General Public License, version 3 (and ensure that all code and libraries are compliant with this license)
2. provide the full source code
3. state clearly that your app is based on "Forecastie"

[Prince655]

Yeah I'll give both source code and will clearly mention that this app is originally developed by "Thomas Martykan" Sir.
Thanks for simplify this is what I wanted to know.

[FridoDeluxe]

You also need to license your whole app under the GPL und ensure that all components are compliant. Please make sure that you understand what this means (we can't give you legal advice on your plans).

Please consider that it might be a more practiable way to contribute your favored modifications/improvements directly to Forecastie.

[Prince655]

I got it, I'll license my app under GPL 3 & also provide source code. Everyone will be able to fork and use that as it is (forecastie).
I'll also do more research on it coz it's gonna very big project.

[robinpaulson]

Yeah I'll give both source code and will clearly mention that this app is originally developed by "Thomas Martykan" Sir.
Thanks for simplify this is what I wanted to know.

It's good to hear from you @Prince655 , and to know you are interested in Forecastie.

I will echo Frido's suggestion of considering submitting changes directly to our repo. The app currently supports several languages, I would be very happy to see that list extended.

Please be sure to check the name of the original author, it's "Tomáš Martykán".

Thanks

[Prince655]

You welcome, It was pretty good to submit with this repo but I just want to keep forecastie fresh and clean.
Btw everyone will have access to all languages which I added: bangla, hindi, urdu, tamil, telugu. I will make everything public very soon and continuously make changes.

[ghost]

Lol Foss police at work, btw this app is awesome, pity that I didn't discover it earlier, it is like the arch Linux of weather apps, simple to the point

[Poussinou]

Another one here https://play.google.com/store/apps/details?id=weather.reports.rb.com from this developer.

[FridoDeluxe]

The screenshots look more than fishy. I installed this app out of curiousity and it doesn't work, only this is displayed:

Temporarily Service Down, Sorry For Inconvinence

The contents of th decomplied .apk do not look familiar to me. Maybe only Forecastie based images were used for this app?

[Lee-Carre]

The GPL Violations Project may be interested in this.