in order to use the App Store, you have to agree to the iTunes Store Terms of Service and/or the App Store Terms of Service. You can confirm this yourself just by reading the documents: they say as much in their all-caps preambles. The two documents are pretty similar; this post will give section numbers from the App Store Terms of Service, but the same language appears in the iTunes Store Terms of Service and so our analysis applies identically to it. You can read both those documents on Apple's site, and we have a copy of that page as it exists today to provide this commentary.

Along the same lines, we'll be talking about GPLv2 specifically in this blog post, since that's the license at issue, but this analysis would apply to all versions of the GNU GPL and AGPL. Section 6 of GPLv2 says:

Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.

(Emphasis added.) This last sentence is a crucial part of the strong copyleft in the GPL and AGPL: it prevents distributors from using separate legal agreements, like Terms of Service or NDAs, to take away the freedoms that the license is supposed to grant. This is the license condition that Apple is violating when it distributes GPL-covered software through the App Store. //

That's the problem in a nutshell: Apple's Terms of Service impose restrictive limits on use and distribution for any software distributed through the App Store, and the GPL doesn't allow that. This specific case involves other issues, but this is the one that's most unique and deserves explanation.

We would've liked to see Apple do the right thing and remove these limits, but it looks like that's not going to happen. Apple has removed GNU Go from the App Store, continuing their longstanding habit of preventing users from doing anything that Apple doesn't want them to do. As we said in our initial announcement, this is disappointing but unsurprising; Apple made this choice a long time ago. We just need to make sure everybody else gets the message: if you value your independence and creativity, you should be aware that Apple doesn't. Take your computing elsewhere.

Nonfree (proprietary) software is very often malware (designed to mistreat the user). Nonfree software is controlled by its developers, which puts them in a position of power over the users; that is the basic injustice. The developers and manufacturers often exercise that power to the detriment of the users they ought to serve.

This typically takes the form of malicious functionalities.

The “jails” are malicious operating systems that are designed to impose censorship of which applications the user can install. The image of the iPrison illustrates this issue.

These systems are platforms for censorship imposed by the company that owns the system. Selling products designed as platforms for a company to impose censorship ought to be forbidden by law, but it isn't.

This page lists a few jails, along with some of the methods they use to censor apps, and includes specific examples of apps that were blocked using this censorship power.