Do I need to contact a lawyer to report a GPL violation in software distributed on Apple's App Store?

Posted by Rinzwind on Programmers See other posts from Programmers or by Rinzwind
Published on 2011-05-08T06:51:59Z Indexed on 2014/05/31 21:58 UTC
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Some company is selling software through Apple's App Store which uses portions of code that I released publicly under the GPL. The company is violating the licensing terms in two ways, by (1) not preserving my copyright statement, and not releasing their code under the GPL license and (2) by distributing my GPL-licensed code through Apple's App Store. (The Free Software Foundation has made clear that the terms of the GPL and those of the App Store are incompatible.) I want to report this to Apple, and ask that they take appropriate action. I have tried mailing them to ask for more information about the reporting process, and have received the automated reply quoted below.

The last point in the list of things one needs to provide, the “a statement by you, made under penalty of perjury,” sounds as if they mean some kind of specific legal document. I'm not sure. Does this mean I need to contact a lawyer just to file the report? I'd like to avoid going through that hassle if at all possible.

(Besides an answer to this specific question, I'd welcome comments and experience reports from anyone who has already had to deal with a GPL violation on Apple's App Store.)

Thank you for contacting Apple's Copyright Agent. If you believe that your work has been copied in a way that constitutes infringement on Apple’s Web site, please provide the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For further information, please review Apple's Legal Information & Notices/Claims of Copyright Infringement at: http://www.apple.com/legal/trademark/claimsofcopyright.html

To expedite the processing of your claim regarding any alleged intellectual property issues related to iTunes (music/music videos, podcasts, TV, Movies), please send a copy of your notice to [email protected] For claims concerning a software application, please send a copy of your notice to [email protected].

Due to the high volume of e-mails we receive, this may be the only reply you receive from [email protected]. Please be assured, however, that Apple's Copyright Agent and/or the iTunes Legal Team will promptly investigate and take appropriate action concerning your report.

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