Banned from the Market... ok.
So, I've had my first real clash with the Open Handset Alliance today. Wifi Tether for Root Users, an app I'm a contributor for, got banned from the Android Market for violating the Developer Distribution Agreement.
The reasoning provided is a rather twisted web, as it turns out. According to the agreement:
"Google enters into distribution agreements with device manufacturers and Authorized Carriers to place the Market software client application for the Market on Devices. These distribution agreements may require the involuntary removal of Products in violation of the Device manufacturer’s or Authorized Carrier’s terms of service."
And then, the T-Mobile Terms of Service say the following (as of 11-18-2008):
"Your Data Plan is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, tethering your device to a personal computer or other hardware, are not permitted."
This raises some interesting questions about this "open" platform. Android phones are supposed to be released for other carriers in the future, right? Does this mean that apps in the Market have to adhere to the ToS for only T-Mobile, even when other carriers sign on? Will all apps have to adhere to the ToS for every carrier that supports Android phones? Why is all of this enforcement Google's job, in the first place? If T-Mobile wants to force people to pay for broadband plans in addition to their phone data, it's their job to either make that attractive to users or strongarm them into it by, say, instituting data caps. Playing cop for cell carriers doesn't really seem like the ideal way to establish credibility as a promoter of free software and a strong development community.
Aside from the issue of "authorized carriers," there are some otherwise valid uses of tethering software which users are now being denied. One of the apps banned was for tethering internet over Bluetooth. (We're working on adding it to ours, someday. See below.) With wifi tethering, the internet has to come in from the cell carrier, but Bluetooth tethering allows a user to connect their phone to a wireless router and then share it with a device that has Bluetooth but no wireless card. This use, by definition, can't violate the T-Mobile ToS, since it doesn't require their data plan at all. And that's not even to mention phones which have been set up to use other carriers who allow for tethering.
To add to the irony, one of the folks who helped develop the initial tethering scripts works for Google, I'm told. Another Google employee has forked Wifi Tether, added Bluetooth support to it, says he and his office-mates use it on their commute, and has even given us a patch we can merge in when we get the time. I know they're not any more responsible for this policy than I am, but it just makes me giggle to know that there's an underground presence inside the machine. Hopefully they (and you) can help us push for a really open Android instead of the same greedy corporate power plays we see from other mobile platforms.
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Edited to add: For those referencing my story, my full name is Seth Lemons. I've changed my profile on the site to include it, too. If you want more info, email me.
szymon.siewior on April 02nd 2009
That's weird. I was able to update your app today in the morning via Market. Love the WEP Encryption! BTW If you will proceed to develop the app and make it available for the US Public, maybe you could do a built in update notification. Meaning, it could check against your servers (or mirrors) for new versions and users could download them manually or something. I can volunteer to provide a mirror if needed.
Good Luck!
Foon on April 01st 2009
http://www.engadget.com/2008/09/23/t-mobiles-cto-on-g1-unlocking-and-tet...
T-Mobile's CTO, back in September, talking about how T-Mobile won't take any action to block, disable, or otherwise break unlocking or tethering apps.
So. Google can say "It's all T-Mobile's fault! We had to do this for their ToS!". T-Mobile can say "We don't have any control over the Market - Google blocked this, not us!". Each side can blame the other since they have both independently stated their intentions to keep Android open, tetherable and unlockable, and both sides can claim that they are doing just that to the very best of their ability. This really is corporate shenanigans at their very worst - each company is effectively saying "It's not our fault!" and blaming the other, meanwhile Android users are left with less usable devices while the concept of "openness" in Android gets flushed quietly away.
Sounds a lot like the iPhone to me.
Seth on April 01st 2009
Obviously, I'm aware that the Market is not the only outlet. It's just the default and biggest one. As I recall, we had about 1,000 downloads in the couple of weeks before we put our app on the Market. Within a week or two of uploading to the Market, we'd gotten over 10,000 downloads. The point is that Google is letting their actions be dictated by carriers, rather than sticking to a truly open and carrier-agnostic model that was supposed to be the opposite of the iPhone.
I really got a laugh out of the comment that linked me to my own app, which I linked to in the original post. Thanks for the entertainment. I made most of the content on that site, so of course I know where it is. And I'm also aware that it's hosted by Google Code. Point me to where I said everything about Google is evil and I'll admit I'm wrong. The reality is that I've done a lot to support Google and been supported by them, as well. I've been involved in Summer of Code as a student and a mentor. I've hosted several projects on Google Code. And I've even gotten a lot of good use out of Android. But I'm not going to stop calling them or anyone else out on bad behavior.
happycodemonkey on March 31st 2009
This is extremely disappointing to me. I'm a fan of Google, even though I had heard they cut a lot of features from this phone, just due to their friendly attitude towards open source. This just epitomizes the evil of cell companies in my mind, and whether or not they were directly involved in the decision making, the fact that Google is complacent in this is very frightening to me. It's almost worse in a lot of ways. Ah well, as if all this was unexpected...*sigh*
Adam on March 31st 2009
I'd like to see a readable comparison of the ToS for T-Mobile and other carriers. I have a sneaking suspicion that they probably aren't all that different between major carriers. I figure that anything that T-Mobile wants to keep you from saving money on is something that AT&T, Verizion and Sprint have figured out and want in on as well.
Seth on March 31st 2009
Looks like Sprint also forbids it, while AT&T has special (extra charge) plans to allow it. Not sure about other carriers. Point still stands that Google shouldn't be enforcing carrier rules, since their platform is supposed to be carrier-agnostic.
Adam on March 31st 2009
I don't disagree with you there.