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Apple's iPhone Developer License Agreement Revealed
nigham writes "The EFF is publicly disclosing a version of Apple's iPhone developer program license agreement. The highlights: you can't disclose the agreement itself (the EFF managed to get it via the Freedom of Information Act thanks to NASA's recent app), Apple reserves the right to kill your app at any time with no reason, and Apple's liability in any circumstance is limited to 50 bucks. There's also this gem: 'You will not, through use of the Apple Software, services or otherwise create any Application or other program that would disable, hack, or otherwise interfere with the Security Solution, or any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by the iPhone operating system software, iPod Touch operating system software, this Apple Software, any services or other Apple software or technology, or enable others to do so.' The entire agreement (PDF) is up at the EFF's site."
There's also this gem: 'You will not, through use of the Apple Software, services or otherwise create any Application or other program that would disable, hack, or otherwise interfere with the Security Solution, or any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by the iPhone operating system software, iPod Touch operating system software, this Apple Software, any services or other Apple software or technology, or enable others to do so.'
Ok, could you please explain to me how that's a "gem". I'd have thought that it would be obvious that Apple would not approve an app that circumvents DRM. Yes, I know, it's your device and you should be able to do what you want with it. Yes, I know that DRM is evil and should be circumvented (and destroyed). Yes, I know all of that but how would anyone in their right mind think that Apple would actually support circumventing DRM, especially their own?
Sorry, I know it's now all cool and whatnot to hate on Apple for everything and anything but I totally do not see anything worth getting riled up about here. If you don't like their products, don't buy them. If you don't like their developer's agreement, don't develop for them. On the list of "Big Bad Evil Companies", Apple is pretty damn far down the list and, really, if you're going to view this "gem" as a reason to view them as evil then you're just trying to find any and every excuse to hate on them.
Non-issue. Boring.
If you were to take the Apple agreement and compare it to many a confidentiality agreement or similar agreements when two companies are working together you'd find the language etc etc etc are pretty much the same.
But alas that kind of reality check doesn't make good inflammatory "news" nor get the slashdot crowd up in arms to advance someone else's agenda.
The only thing I don't like about the agreement (as summarized here) is that the agreement itself cannot be disclosed. That level of secrecy is not necessary. I'm just surprised that nobody else has gotten a copy of this legal document, decided not to sign it, and gave it to WikiLeaks already. Why does it take a Freedom of Information Act just to learn what kinds of terms you're going to face if you think about entering the development program?
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Nobody was talking about google until you decided to derail the conversation. What exactly are you trying to argue? That if google is big brother, then apple cannot possibly be (there can be only one!)? That anything apple does is excusable because google does worse? I don't get it.
"linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
It's a bid deal because the contract is monstrously one-sided, and you'd think nobody would agree to it, yet somehow it manages to fly in a big chunk of the mobile phone market.
It seems like you'd have to be nuts to invest in developing for the App Store, other than maybe for short-term, tactical purposes. Why, then, do so many people do it? Isn't that an interesting question?
Apple has repeatedly demonstrated itself to be an unreliable, capricious business partner. Apple is slow and inconsistent about approving apps. It changes the rules and yanks apps all the time... just as this agreement permits it to do. It makes errors that cost you money and doesn't compensate you. Apple has shown, repeatedly over the whole life of the App Store, that those overreaching clauses aren't just in that contract for CYA purposes. Apple fully intends to use those clauses to hose your business if it feels like it for any reason whatsoever, and the reason may have little or nothing to do with you.
Personally. I won't even buy Apple's phone because of the way they handle software. Nonetheless, many people seem to be willing to bet their livelihoods on Apple. That includes people who aren't big players, and lack the leverage to make it to Apple's advantage to forget about certain contract terms.
What's the reason for that? Even if the answer just turns out to be that they're stupid, it's valuable to look at the question. Heck, you might even get some of them to smarten up.
If the answer is not that they're stupid, but, say, that they don't have any better options, then one might want to think about why we have a market that doesn't provide any better options. Maybe there should be some changes. Maybe somebody reading this will figure out how to make them. I think there are better options, but obviously those developing for the iPhone think otherwise. Maybe they can explain why?
And, yeah, it's about rights. First of all, the whole point of any contract is that you give up some rights. Second, the law, and the underlying moral philosophy, sometimes have some nasty things to say about one-sided contracts, interference with competition, artificial limitations of liability, and the like. Not everybody agrees, but there's a perfectly respectable and intellectually consistent body of thought that says a contract like that shouldn't be legal.
Apple is not preventing, nor can they legally prevent, developers from developing apps for their own iPhones or other people's iPhones. This is why there are many apps available for so called "jailbroken" iPhones.
This developer agreement is for developers who choose to develop apps for Apple iPhone App Store. You do not need to buy apps from this app store to use your iPhone. You do not need to distribute apps you develop through the apple app store.
People are free to do what they want if they buy a full price iPhone, and many have jailbroken theirs to work with other carriers as is their right, and written and/or downloaded apps that were written by developers who did not have to and did not agree to the license agreement linked to in TFA.
However, if you do choose to develop apps for apples own online iphone app store, then yes, you do need to follow apple's rules, because, yes, IT IS APPLE'S APP STORE, not yours.
Why all the Apple hate, but not Nintendo? Nintendo's policies are far more restrictive, from what I've read, and the developer kit is expensive and difficult to impossible to get for newbies.
How is this any different from the requirements for developing for the XBox, Sony Playstation/PSP, or the Wii/Gameboy?
Google may remove the Product from the Market or reclassify the Product at its sole discretion. Google reserves the right to suspend and/or bar any Developer from the Market at its sole discretion.