"Approved" applications?

Please use this Forum to discuss Approved Applications (if something is approved, what version, etc)
Forum rules
So folks can help you, include in the subject the software package you're using and the version number in the body.
danielk
SD Board Member
Posts: 62
Joined: Tue Aug 14, 2007 2:40 pm

Re: "Approved" applications?

Post by danielk »

The restriction on making a copy or archive of the data is still an issue. Inserting the records into a database would seem to qualify as making a (non-ephemeral) copy, yet such behavior is virtually required by any software that would make use of the data.
This is a separate problem from the "Approved Application" list. We're aware of it and will either modify the Subscription Agreement or add a FAQ item explaining what is and isn't "archiving" in our view. This is not a restriction set forth by TMS, but something that slipped through from boilerplate licensing language. One lawyer noticed this but his e-mail didn't get through in time due to server problems on his side.
Also, the expectation in the initial (giant bold) paragraph, that people who download the data are implicitly agreeing to the terms of the agreement, is flawed.
We have implemented technical measures to prevent access to the data before you agree to the S.A. We're making these available for our prospective members to read right now because we wish to be open about what is going on and so that you can help us locate the issues we need to address in future revisions of the Schedules Direct Subscription Agreement. There will be separate Terms of Service for the website which address basic forum issues like what our DMCA take-down notice address is.

Dachannien
Posts: 14
Joined: Fri Aug 17, 2007 2:42 am

Re: "Approved" applications?

Post by Dachannien »

Thanks much for addressing my concerns. Don't forget, the service agreement is a legal document, whereas the FAQ is not. It would be better to have definitions and restrictions put directly into the service agreement so that everything is watertight (if not airtight, whatever the metaphorical difference may be), and perhaps have the FAQ translate the service agreement into human-ese.

TCharles
Posts: 5
Joined: Tue Aug 21, 2007 5:24 pm

Re: "Approved" applications?

Post by TCharles »

Freeguide. I second Japaget's comments about FG.

KipIngram
Posts: 8
Joined: Tue Aug 21, 2007 7:03 am

Re: "Approved" applications?

Post by KipIngram »

Well, look, in one sense I do think that since I'm paying (or going to be paying) for my subscription then I should get to do anything I like with my data as long as I don't make a profit from it. On the other hand, we all need to keep in mind that this restriction isn't coming from the SD guys; it's no doubt coming from Tribune. The data is theirs, and they are businessmen/women. They've crafted their deal with SD so as to force commercial entities with plenty of money to pony some of that money up to them.

I can live with that. If we don't abide by this rule then Tribune will drop SD as a customer and we'll be back to square one.

Kip Ingram
Eager Subscriber Wannabe

teejay_c
Posts: 3
Joined: Fri Aug 17, 2007 12:53 am

Re: "Approved" applications?

Post by teejay_c »

I love legalese, I'm not a lawyer, but I've got some in my blood.

These contracts, in the end, are pretty strait forward. They're meant to let a company sell something to you without you turning around and stealing business from them with it.

That includes:
Turning around and selling a service that uses it
Giving it out for free to someone that could pay for it
Letting someone else make money to manipulate it or even improve on it. (I'm speaking of the contract here, not what is actually legal)
and anything else along those lines.

It's for you to use for your own personal entertainment, and that of the people your responsable for. (the reason I don't just say "your family" or the "people in your house" is because that's a bit of a grey area)

I'll tell you what I use as a guide; as long as what you’re doing has no way of impacting the bottom line of any company involved, in any way, your pretty much cool. And I use that for any contract I click “OK” to.

johnsonsmythe
Posts: 13
Joined: Thu Sep 06, 2007 2:21 am

Re: "Approved" applications?

Post by johnsonsmythe »

Doesnt MythTV itself fall under the non-approved list as people make money selling it on. They are commercial sellers of mythtv or mythtv as a bundle solution with other stuff and therefore should not be allowed.

whurlston
Posts: 62
Joined: Thu Aug 16, 2007 10:43 pm

Re: "Approved" applications?

Post by whurlston »

johnsonsmythe wrote:Doesnt MythTV itself fall under the non-approved list as people make money selling it on. They are commercial sellers of mythtv or mythtv as a bundle solution with other stuff and therefore should not be allowed.
I don't see it that way. If purchasing Myth from those commercial sellers was the ONLY way to get it, then I agree that it should not be on the approved list. To me, your example would make the commercial sellers be in violation, but not the application (Myth in this case). Otherwise, that would be a surefire way for a commercial product developer to quash any freeware/OSS alternative to their application.

johnsonsmythe
Posts: 13
Joined: Thu Sep 06, 2007 2:21 am

Re: "Approved" applications?

Post by johnsonsmythe »

I do think its all very confusing, whether an app is okay or not but as has been pointed out, it can only be SD's decision whether something is approvable or not as each case is very specific. This is why I think a list of some sort is the only manageable way of dealing with this without making the agreement 20 pages long validating and filling in every possible gap in terminology.

As for my specific case, I was wondering ... if I put adverts into my application and possibly a 'donate' button, would this now become a commercial application and not get approved ... I wanted to know before I spend any time on adding an ad system, or whether I should just keep it for my own use.

whurlston
Posts: 62
Joined: Thu Aug 16, 2007 10:43 pm

Re: "Approved" applications?

Post by whurlston »

I do not speak for SD, so this is not "official", only an opinion.

The maker of ad supported software is guaranteed income with each copy in use. This is not the case with a donate button, so IMO a donate button would not constitute a "commercial" application but ad support would.

johnsonsmythe
Posts: 13
Joined: Thu Sep 06, 2007 2:21 am

Re: "Approved" applications?

Post by johnsonsmythe »

Hmm thought as much. Could we get an official response please on this?

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