The least understood area of the Android ecosystem has always been the highly secretive Google Play Apps licensing process. While Android is open source, the Google applications, like the Play Store, Gmail, Google Maps, Google Play Services, and others must be licensed. This licensing agreement is called the "Mobile Application Distribution Agreement" (MADA) and comes with tons of restrictions. Previously, MADA details have come out of the Skyhook case, but those agreements were from 2009, a time when Android was only at version 1.1. Thanks to the still ongoing Oracle v. Google trial, a "new" version of the Google App licensing agreement has been made public.

This set of documents is from January 2011—just a month before the launch of Android 3.0—and paints a slightly more modern picture of just how many hoops an OEM has to jump through in order to be granted a Google Play license. The documents detail the licensing terms agreed to by Samsung and HTC and are signed by executives from those companies, along with Android founder Andy Rubin. Despite being labeled "HIGHLY CONFIDENTIAL—ATTORNEY'S EYES ONLY," the documents were admitted, unredacted, in open court and were recently acquired and released by Benjamin Edelman.

The agreement is basically a laundry list of "dos and don'ts" for licensing Google apps. The terms at the time covered the "Set-up Wizard, Google Phone-top Search, Gmail, Google Calendar, Google Talk, YouTube, Google Maps for Mobile, Google Street View, Contact Sync, Android Market Client (not products downloaded from Android Market), Google Voice Search, and Network Location Provider." The "Android Market Client" has since been renamed to the "Google Play Store," and "Google Phone-top Search" is referring to the Google search widget. Google uses the term "Phone-top" to mean the main page of the home screen. The agreement has no doubt changed since these documents were signed, and the document states that Google can change many of these requirements at any time. Many more Google applications have come out since 2011 that seem to be part of this mandatory apps package, like the Google Play content apps (movies, music, books, etc.), Google+, Google Play Services, and Chrome.

The most important clause states that "Devices may only be distributed if all Google Applications... are pre-installed on the Device." Google apps are an all-or-nothing affair. If you want Google Maps or the Play Store, you must also take things like Google+ and Google's network location provider. There are two tiers of Google apps, the primary ones listed above, and "Optional Google Applications," a list which includes "Orkut, Google Goggles, Google Earth, Finance, News & Weather, Google Buzz and Google Voice."

The agreement places a company-wide ban on Android forks, saying OEMs are forbidden from taking "any actions that may cause or result in the fragmentation of Android" and specifically disallows distributing or encouraging a third party to distribute "a software development kit derived from Android." Google has full control over the countries its apps are released in and distribution methods used to distribute the apps. This allows Google to restrict its apps to the Play Store and will keep them out of competing stores like Amazon and Samsung. Google also stipulates that the Google apps must be distributed free of charge, and they cannot be modified, reverse engineered, or used to make a derivative work, and ads are not allowed to be placed in, on, or around Google's apps.

Google now imposes requirements on not only what OEMs load on their devices, but where, with respect to the default home screen icon and widget layout. The terms say "Google Phone-top Search and the Android Market Client icon must be placed at least on the panel immediately adjacent to the Default Home Screen" meaning the search widget and Android market must always be a swipe away from the main page. Google also says "all other Google Applications will be placed no more than one level below the Phone Top"—meaning the app drawer is fine—and requires that Google be set as the default search engine for "all Web search access points on the Device." Google's Network Location Provider must not only be included, but set as the default network location provider; this is no doubt the clause that triggered a lawsuit from rival location company Skyhook.

Amazingly, Google requires that OEMs submit monthly reports containing sales figures for Android devices and even lists the e-mail address these reports should be sent to. Google knows exactly how many Android devices are out there, and the agreement specifies that the report must have breakdowns "by Google Application, Territory and Device model within each Territory"—a goldmine of sales data. The 2011 agreement also states that the "Company and Google shall each retain any and all revenue generated from provision of their respective products or services," which is a nice way of saying "you won't get a cent of our advertising revenue."

Google calls out implanting "any viruses, worms, date bombs, time bombs, or other code that is specifically designed to cause the Google Applications to cease operating" as being banned in approved devices. It also specifically mentions that modifying the "no connectivity notice" in the web browser is off-limits. OEMs aren't allowed to block or accept EULAs on the user's behalf and can't hijack web pages accessed via Google applications.

Deciding that a company is successfully adhering to all these rules is up to Google, and for testing purposes, Google requires that OEMs deliver no less than four device samples for each model. If Google does not approve, the devices don't launch. This includes inspection of models for different countries and carriers, and any software updates are also subject to Google's approval. Google, however, states that it can update any of its applications whenever it wants, and OEMs are not allowed to prevent any of these updates. This particular rule is what has allowed Google to keep its applications and APIs updated on Google-controlled Android devices, even when the OEMs fail to update to new Android versions.

The agreement to license the Google apps expires after two years (though this does not apply to the restrictions), at which point the agreement must be renegotiated if the OEM wants to continue selling Google-approved devices. If a change of control happens within either company—say, if Lenovo bought Motorola—either party is free to cancel the contract within 30 days.

These documents are a very big deal when it comes to understanding the Android ecosystem and give rare insight into just what lengths Google goes to to control its "open" operating system. The agreement is full of confidentiality clauses, and it's a serious shock that another one of these documents got out into the public eye. We'll close with the most ironic clause in the 13-page agreement: "Open Devices. The parties will create an open environment for the Devices by making all Android Products and Android Application Programming Interfaces available and open on the Devices and will take no action to limit or restrict the Android platform."