Apple Rejects iPhone App As Competitive To iTunes
DaveyJJ sends news of yet another rejection of an iPhone app by Apple, with perhaps a chilling twist for potential developers of productivity or utility apps. John Gruber of Daring Fireball writes: "Let's be clear: forbidding 'duplication of functionality' is forbidding competition. The point of competition is to do the same thing, but better." Paul Kafasis (co-founder of Rogue Amoeba Software) makes the point that this action by Apple will scare talented developers away from the iPhone platform. And Dave Weiner argues that the iPhone isn't a "platform" at all: "The idea that it's a platform should mean no individual or company has the power to turn you off."
By the way, I've cut and paste what I found to be relevant to this topic, two paragraphs of the Terms and Conditions of the iPhone SDK download Agreement and the first paragraph of the iPhone Application Submission Agreement.
SDK Terms and Conditions
1. Relationship With Apple Inc. ("Apple"). You understand and agree by becoming a Registered iPhone Developer, no legal partnership or agency relationship is created between you and Apple. Neither you nor Apple is a partner, an agent or has any authority to bind the other. You agree not to represent otherwise. You also certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to become a Registered iPhone Developer. This Agreement is void where prohibited by law, and the right to become a Registered iPhone Developer is not granted in such jurisdictions.
9. Apple Independent Development. Nothing in this Agreement will impair Apple's right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any other products, software or technologies that you may develop, produce, market, or distribute. In the absence of a separate written agreement to the contrary, Apple will be free to use any information, suggestions or recommendations you provide to Apple for any purpose, subject to any applicable patents or copyrights.
iPhone App Submission Agreement
1. iPhone GTM Programs. The web applications you submit will be considered for inclusion in Apple's iPhone product pages, ADC web pages, Apple eNews programs and other related Apple developer and marketing web pages and programs (collectively "iPhone GTM Programs"). You understand and agree that Apple has complete discretion over whether to include your web applications in any iPhone GTM Program. You also understand and agree that Apple reserves the right, at its complete discretion and without prior notice to you, to remove your web applications from any and/or all iPhone GTM Programs. Should Apple decide to include your web application in one or more iPhone GTM Programs, you agree that Apple shall have the right, and you hereby grant Apple a worldwide, royalty-free, non-exclusive right and license, to use, reproduce, publicly display, reference, link to, and distribute in connection with such iPhone GTM Programs, your web application URL and all related information and materials (including without limitation images, trademarks, and logos) you provide with your submission to Apple (collectively, the "Submitted Materials").
End Result
Apple covered themselves very well on this topic and basically, if you are going to develop an app for the iPhone, you should be well aware of the risks and they are fairly, clearly stated.
"compared to Apple's gargantuan bite of your work"
If you actually tried to get an application on ANYBODY ELSE'S 'application stores', like handango, or through one of the telco's, you would know the true meaning of gargantuan. Try 60/40 split for THEM. Or worse. As in, you get less than half. Apple has slapped all the other mobile phone application stores upside the face with pricing. And you can offer your app for free if you wish. How many other app stores let you do that?
Now, is there room for another competitor to come in and offer better terms than Apple. Certainly.
Just as a WAG, I would guess Google probably will go for something in the 15%-25% range for their app store, to slightly undercut Apple, while still being a little more than break-even for bandwidth, returns, techsupport and credit-card fees.
Sleep your way to a whiter smile...date a dentist!