Apps Selling outside the market illegal?

[AlfredS]

Hi,

I'd like to publish a android software. Is it legal to distribute the free version of the product in the market, and sell the paid vesion on my own website?

The product is bundled to a desktop windows software. If someone buys the windows software I want to give away (sell) the android client as part of the package.

There's a free version of the product with some limitations. Can I distribute the free client through the market and still bundle the paid version and sell it outside.

Thanks for you help

 

[Xyro]

Yep, it's perfectly legal to distribute the paid version of your app via your own means and host the free version in the market. Selling the paid app both in and outside of the market is fine too.

Many app developers do just that. Launcher pro for example only sells the free version via the market, whilst titanium backup offers it both via the market and via their website.

 

[uweb]

are you sure? I think he will get sued, if he does so.

Some snippets form the agreement:

4.5 Non-Compete. You may not use the Market to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Market.

That means to me, that you can't offer a free (limited) version in the market and offer a full/paid app outside the market.

3.3 ... You may not collect future charges from users for copies of the Products that those users were initially allowed to download for free. This is not intended to prevent distribution of free trial versions of the Product with an "upsell" option to obtain the full version of the Product: Such free trials for Products are encouraged. However, if you want to collect fees after the free trial expires, you must collect all fees for the full version of the Product through the Payment Processor on the Market. In this Agreement, "free" means there are no charges or fees of any kind for use of the Product. All fees received by Developers for Products distributed via the Market must be processed by the Market's Payment Processor.

This means you can offer a free and a paid, but both have to be in the market.

Does anyone disagree?

 

[Xyro]

I'll add the disclaimer that I'm neither a developer or a lawyer, but I disagree.

You may not collect future charges from users for copies of the Products that those users were initially allowed to download for free.

The copy they download has to remain free. The dev here is talking about distributing his paid copy as a separate file, so the free market version will always remain free.

The next paragraph is more appropriate for this situation:

This not intended to prevent distribution of free trial versions of the Product with an "upsell" option to obtain the full version of the Product: Such free trials for Products are encouraged.

So they are saying it's ok if the paid version is a separate product.

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However, if you want to collect fees after the free trial expires, you must collect all fees for the full versionof the Product through the Payment Processor on the Market.

Like I said, his free app will remain free and has no trial period/cut off point, so this section doesn't apply

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In this Agreement, "free" means there are no charges or fees of any kind for use of the Product.

Again, 'the product' in question is the free version of the app, which remains free.

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All fees received by Developers for Products distributed via the Market must be processed by the Market's Payment Processor.

Their comments bear no relation to paid apps distributed outside of the market.

Basically what they are saying is they don't want you to incorrectly label a app as free and then charge for that same app externally. This is presumably because they charge developers more to distribute paid apps via their market and so they don't want people trying to slip paid apps through as free.

 

[uweb]

But what is a free (limited) version if not matched by this?:

4.5 Non-Compete. You may not use the Market to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Market.

 

[Xyro]

That one I'm not so sure of.

You could interpret it a few ways, so I guess you need someone to clarify what they mean.

 

[kevin@teslacoilsw]

4.5 Non-Compete. You may not use the Market to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Market.

I (not a lawyer) believe this means that you can't post an alternative app store to the Market. Say his app is a calculator, then the primary purpose is to calculate. His motive for releasing it for free might be to get users to upgrade to the non-Market paid version, but the Product itself has a primary purpose of calculating, not of facilitating distribution of products outside of the Market.