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App Store rejections tied to third party rights infringements

See update from Apple PR at the bottom of the post. Despite what at least one developer was told, the ebook category is not 'banned from the store.'

Apple recently invited a great deal of criticism after it rejected Google's Google Voice application from App Store. At the same time, it pulled third party GV apps leaving their developers without recourse and forced to swallow refund costs that exceeded their initial per-sale earnings. Today Engadget notes Daring Fireball's story of a simple dictionary being censored. Now it looks as if Apple may be targeting the e-book section of App Store.

TUAW has learned that Apple has begun rejecting all e-book submissions because "this category of applications is often used for the purpose of infringing upon third party rights. We have chosen to not publish this type of application to the App Store." At first glance, this policy seems in line with Apple's approach to applications that promise charitable contributions. Apple cannot police the developers and will not allow possibly fraudulent postings on their store. Apple does not want to be in the position of vetting rights claims.

At the same time, Apple has been rejecting applications from content providers who do in fact own the rights to their materials and can prove those rights. A colleague who spoke on the condition of anonymity related that a project he developed for a national content syndicate was rejected without recourse. He still got paid for his work but the application languishes without an outlet.

Apple isn't stopping with content source providers. They're also targeting those who provide media browsing tools. Another developer who built an e-book reader received a recent rejection along the same lines. The application might be used to read copyright infringing books, so Apple will not let it in App Store. In an e-mail, he wrote, "Leaving aside the presumption of innocence, [what] about iTunes and iPod; shouldn't they be banned too? After all many users indeed are using them to listen to the music that is not always legally obtained."

It's obviously premature to assign an external motivation to Apple and TUAW has no evidence whatsoever that Apple is using these rejections to pave its way to a new market. At the same time, the timing of these rejections couldn't be worse. With Apple rumored to enter the e-book market sometime in the winter, this new policy could fly very close to regulatory scrutiny.

Update

Apple wrote to TUAW to clear up the speculation around ebook app approvals. From a representative at Apple:

"We have not stopped approving ebook readers and ebooks in fact we've approved 221 new ebooks to the App Store since 7/30/09. The book category in the App Store lists 6,000 apps and this doesn't cover the full scope since ebooks are included in other categories like medical, reference and education."



See update from Apple PR at the bottom of the post. Despite what at least one developer was told, the ebook category is not 'banned from...
 

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Bobablob

More Pulitzer Prize winning journalism from Ms. Sadun. Fact-checking and responsible reporting are clearly not her strong points.

August 06 2009 at 7:23 PM Report abuse rate up rate down Reply
Maxwell

Seems to me it is time for a simple Mac application that will install iPhone/Touch apps without going through iTunes. Yes, I know this can be done with jalibreaking, but I would like a non-jailbreak solution. Let me buy and download an iPhone app directly from the developer, then use the Mac application to install it on my iPhone. The application developer then is in the same legal position as Apple itself with the the OS - what people use it for is not their responsibility. It's the fact that Apple runs iTunes as a STORE that gets their knickers in a bunch.

August 06 2009 at 10:43 AM Report abuse rate up rate down Reply
Ken Roberts

If this is true then I WON'T be renewing my iPhone contract or buying one of the new "media" tablets as I planned.

Companies such as Fictionwise/eReader already have Geographic Rectrictions in place so that books cannot be bought by non US residents where applicable.

Palm, Android and Windows Mobile must be grinning like the Chesire Cat at the moment.

Apple have invested a great deal of time and money in selling and developing the iPhone and now it looks like they want to throw it all away, how sad!

August 06 2009 at 8:55 AM Report abuse rate up rate down Reply
Frank

Apple admits to turning funy. Jerry Falwell would be proud! Apple's explanation is so much Applesauce!

August 06 2009 at 2:05 AM Report abuse rate up rate down Reply
RT

Apple blows. The app store rejections are out of control. As a developer, why would I want to spend hundreds of hours developing something Apple may reject because it competes with Apple or AT&T? GIVE US AN OPEN PLATFORM.

August 05 2009 at 11:29 PM Report abuse rate up rate down Reply
Juaquin

Just jailbreak and put in on Cydia. Problem solved.

August 05 2009 at 10:11 PM Report abuse rate up rate down Reply
Cy Starkman

I am also in agreement with the other posters. Apple is out of control with their banning actions. They probably should ban the iPhone itself, since the whole thing is used for reading/playing/displaying other people's copyrighted information.

It's at the point now where there is no point in developing an App for the iPhone unless you like flushing time and money down the toilet. The chance of rejection is too random and high.

I want to focus on a line in the first paragraph though "leaving their developers without recourse and forced to swallow refund costs that exceeded their initial per-sale earnings."

Why? Apple hasn't used the kill switch to force delete the purchased apps off people's phones, so anyone who has paid for said apps already has them and is still able to use them. The first example of this was the tethering app by NullSoft.

Who gives a refund when the customer has the item they purchased?

August 05 2009 at 9:45 PM Report abuse rate up rate down Reply
Ross

It's pretty clear that Apple has made some anticompetitive moves with App Store rejections. I wonder, though, if the e-book app rejections have more to do with legal ass-covering than anything else. Apple not only runs the App Store, it also has a (well-exercised) policy of policing each and every app in it. I imagine that could place liability on Apple should any app run into legal trouble. That would explain the double standard re: Safari, iTunes, etc - they're willing to fight for their own products, but some random third-party application isn't making them enough money for it to be worth it.

Of course, the obvious solution is to simply allow third-party app stores. I'm not sure whether the security trade-offs would be worth it, but it would certainly save us from dependence on the benevolent monopolist.

August 05 2009 at 9:24 PM Report abuse rate up rate down Reply
Thomas

This is probably clearing the way for their ebook business. How can they possibly resist, with a tablet coming out and the iPhone (as that recent New Yorker article agreed) the best small-form ebook reader out there? Eliminating competition is primary rationale for App Store rejections, this is just preemptive. Though how they can do this when it is worse than what Microsoft ever did, monopoly-wise (they didn't ban Netscape, at least!), boggles the mind.

August 05 2009 at 7:27 PM Report abuse rate up rate down Reply
Dan

This is an Apple blog and everyone here is pissed at Apple.

Speaks volumes.

Apple: Wake up. Get your shit together or you're going to lose your most important customers.

August 05 2009 at 6:38 PM Report abuse rate up rate down Reply
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