SDK License agreement.... Garmin's use of apps

The SDK License agreement includes the following: 

By submitting your Application, you grant Garmin a non-exclusive, non-transferable, irrevocable, royalty-free license to use your Application for any purposes, including without limitation for testing or other related purposes to ensure that it complies with this Agreement, to permit users to download your Application through the Garmin Website, and to make available to users of any of Garmin's products or applications.

My question is this... and I hope someone official from Garmin will answer:

Does this mean that Garmin may take my app or the ideas in my app and incorporate them into their "native" apps in watches without paying me ?

  • The way I see this (I'm not Garmin but have been around here for many years) is that you can't charge Garmin for having your app in the store.  You upload it and that's it.  But Garmin may reject your app based on their standards.  See  forums.garmin.com/.../app-approval-exceptions

    Now when it comes to uploading, you create an iq file.  That's actually in a zip format, so you can open it and see exactly what's sent to garmin,  There is zero source code.

    Even if there was your source, native apps are not written in CIQ so it would not be very useful.

    The second you upload an app to the store, you need not worry about Garmin.  What you need to worry about is another dev that likes a feature you have and they add it to their app.  But that happens on all different platforms.

  • Disclaimer: this is just my random opinion based on thinking about the question, because it interests me. I am not a lawyer, etc.

    The way I see it, by the same logic which says another developer might "use an idea" that occurs in one of your apps (either coincidentally or by design), there's nothing stopping Garmin from doing the same.

    As an example, there are several Connect IQ data fields which have a full-screen layout incorporating more than 4 fields (e.g. 6 fields).

    Until Fenix 6 came out, having more than 4 fields on the same page (on a Garmin watch) was impossible without using a CIQ app, as far as I know. Then Fenix 6 added several new field layouts, including a 6 field layout.

    So just as a hypothetical, anyone who was using a given CIQ data field app solely for its six field layout may have no reason to do so if they buy a Fenix 6.

    As another example, there are several data fields in the store which allow you to display power in run mode. Some of them even allow you to do power workouts in run mode. Some of them are not free.

    If Garmin were ever to add native power run mode, most of these data fields would instantly become obsolete, as the Garmin equivalent of a given feature is usually more seamless and powerful than any CIQ implementation, due to CIQ limitations. (Navigation is a great example -- I used dwMap religiously until I bought a watch with navigation). Furthermore, there's always a cost for using a CIQ data field or device app to replace or supplement native functionality. In the case of using an device app, you lose all the native activity (e.g. run) features which aren't reimplemented in the app. In the case of using a CIQ data field, you use up one of your precious 2 CIQ data field slots.

    So I think it's very possible for Garmin to introduce features which make whole classes of apps on the store obsolete. Does it happen often? Probably not.

    But yeah, your biggest "worry" after making a great app would that others would try to make something very similar just by looking at your ideas. But imitation is the sincerest form of flattery, and a lot of progress is made by building on the ideas of others. IMO, it's legit to do so as long as they don't:

    1) Pretend that their app is your app (by having a confusingly similar name)

    2) Make an identical copy of the *unique* graphical design of your app to the point where their app is indistinguishable from yours. (This is such a grey area, though. I've definitely taken design ideas from built-in Garmin apps.)

    3) Decompile your app binary and attempt to reverse engineer the source, so they can implement a clone of your app

    Unless of course you open source your app and expressly given them permission to do 2) or 3).

    I will say there's a few watchfaces in the store which seem to have blatantly ripped off someone's else watchface / datafield / app design without attribution, and that's where I would personally draw the line.

  • Good points.

    Thanks

  • I have an official response from Garmin--I appreciate the patience!

    The language in the SDK Agreement was drafted to provide Garmin the necessary rights to host the developer’s app on the Connect IQ store, permit users to download the app, etc. It has never been Garmin’s intention to incorporate Connect IQ apps as “native” or preloaded apps on a Garmin device without entering into a separate agreement with the developer, which may include royalties. In fact, Garmin has entered into agreements with developers to separately obtain rights to use and distribute the app outside of the Connect IQ store. Having said that, Garmin does reserve the right to develop its own software that includes the same features that are included in a developer’s app. Garmin is continuously developing new software and products, and developers should have no expectation that Garmin won’t develop technology that has the same features as the developer’s app.