EFF releases iPhone developer license agreement
In a step towards transparency, the Electronic Frontier Foundation has made the entire iPhone Developer Program License Agreement available for the general public. This is the document that all iPhone developers must agree to when they become part of the iPhone developer program. As EFF points out, public copies of the license agreement are pretty scarce thanks to developers being locked under a non-disclosure agreement as part of the contract. EFF used the Freedom of Information Act to get its copy from NASA, which is the version from approximately a year ago (Rev. 3-17-09). The agreement has been updated since then.
The EFF characterizes the agreement as "a very one-sided contract, favoring Apple at every turn," and that's not an overstatement. Some of the clauses and conditions in the Apple developer agreement do smack of "our field, our ball, our rules" thinking from Cupertino. Highlights from the 28-page document include:
- A ban prohibiting developers from making public statements about the license agreement; however the contract itself is not considered "Apple Confidential Information."
- Apps developed from Apple's SDK are only allowed to be sold through the App Store. You can't push it anywhere else (Cydia, etc.), even if Apple has rejected the app for any reason.
- Developers are forbidden to tinker with any Apple products, not just the iPhone. This includes jailbreaking.
- Apple is not liable for more than $50 in damages in case something happens on their end to your app. This is laughable, and I'm honestly surprised that Apple has not had a legal challenge over this yet.
- Devices used for testing purposes could be locked into a "testing mode," and may not be able to be restored to their original condition. That is one way to brick your device.
Mike's Op-Ed Soapbox Dept.
To get a sense of where the EFF is coming from, it's worth taking a moment to review the first sentence of Fred von Lohmann's post: "The entire family of devices built on the iPhone OS (iPhone, iPod Touch [sic], iPad) have been designed to run only software that is approved by Apple -- a major shift from the norms of the personal computer market." While that's a snappy lead, it's not technically accurate; all three of the devices are designed to run any compiled & signed application for the platform, and all developers may distribute ad-hoc builds of their apps to a limited number of users without Apple knowing or caring; enterprise developers (who pay $299 for the privilege) can distribute unapproved apps much more widely.
The point von Lohmann is aiming for is that the iPhone OS ecosystem and application distribution channel is almost entirely controlled by Apple; that's obvious and clear. While it's certainly "a shift from the norms of the PC market," it's far less alien to the norms of the cellphone and consumer electronics market, and none of the devices in question is a personal computer in the traditional sense of the term -- not even the iPad. There doesn't seem to be a similar degree of campaigning for openness around the Xbox Live or Wii online marketplaces, for example.
Although developers aren't supposed to talk about the program agreement, I'm sure we will be seeing and hearing quite a bit of public comment around it now that EFF has lifted the veil. The EFF post concludes with a call for developers to demand better terms and for users to support them; while it's unlikely that Apple is going to shift on this, some public feedback from prominent developers might make some difference.
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In a step towards transparency, the Electronic Frontier Foundation has made the entire iPhone Developer Program License Agreement available...
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I think people are missing the point here.
From what I see the main problem with the agreement, is the fact that you can't sell your own software by any other mean than through App Store "even if Apple has rejected the app for any reason".
So, let's say you work your ass off, and Apple rejects your app. You can't simply put on our own web site and sell it. Period!
And what about the fact that the development tool can simply lock your device in test mode? Virtually bricking your device?
On the other hand, if I develop a software to, say, XBox or Wii or even PS3, I can sell it any way I choose, by any means I choose.
And don't let me get started on the Windows Mobile...
Regards,
Paulo Santos
This smells just like the stink Greenpeace made about Apple's green credentials [whilst bigging-up the likes of HP & Dell (who were doing far less than Apple in practice) based simply on what each manufacturer had put up on their website].
How different is this (Apple's licence agreement) from Wii or PS3 or XBox developer programs? I believe that you have to be very wealthy to develop on the other platforms, whereas Apple has just dropped its tiered developer program and settled for a reasonably-priced all-in-one set-up.
Much ado about nothing. Storm in a teacup.
What I think people are failing to see here is that Apple single handedly created and made popular this new platform of content distribution... so technically, yes, they pretty much own it.
Just like Sony owns the PS3 platform and I'll bet the license agreement is pretty similarly strict.
What Apple has done is opened up a popular market to a wide range of developers. They've created a platform that makes it possible for a single person to create an app, distribute it and even make money. Just like any other platform, in exchange, they're asked to follow certain rules or not participate. It's really standard practice.
"In a step towards transparency..."
More like another step towards boring church ritual.
Apple has become the latest target of the twenty-something geeks that have nothing better to do with their lives than to compile the latest nightly build of the Linux kernel, run the latest version of Android on their netbooks or smartphones and generally rant and rave about "free" while living in their parent's basements not having to pay any bills or living expenses.
March 09 2010 at 3:30 PM Report abuse Permalink rate up rate down ReplyYou can enjoy Apple products while simultaneously disapproving of its philosophies.
I suppose you're against net neutrality and support the RIAA too, right?
To Leo M. and those thinking in a similar vein: you do realize that Apple is where it is today, with the product line it has, and the market success it has, directly as a result of its 'closed and one-sided ... contracts and business practices.' You may not like their methodology, but it works, and works well. Apple wasn't always like this but they learned the hard way to zealously protect every aspect of their product development and technology.
And let's not be foolish. The EFF didn't do this for the greater good. They did this for their own purposes. It's hard to believe the EFF actually has some great minds working for its cause when you read something like it's "a very one-sided contract, favoring Apple at every turn,". That's quite a surprise. Normally when I sign contracts with exclusive suppliers they strive for balance. Sure they do.
Replace Apple with Microsoft and then tell me why I should still be ok with it?
March 09 2010 at 6:18 PM Report abuse Permalink rate up rate down ReplyI have to wonder how different this from any console dev contract. The EFF is making a big stink about this one - which is fine, I contribute to them every so often, and have no problem with their activities - but I don't see how this is any different from the publishing and development system set up around, say, the PS3 or the 360 or whatever. From what I know of those contracts - which involves one (1) conversation with a guy I know who works at a game studio that's published a few 360 games - they're even more draconian ... so why yelp about the Apple ones in particular?
March 09 2010 at 3:19 PM Report abuse Permalink rate up rate down ReplyI should preface this by saying that I love Apple's products, etc. etc.
Thank you EFF for doing this. It's about time. I don't think things should be as open as they are in the world of Android but they should definitely not be as closed and one-sided as in Apple's contracts and business practices.
Practice a little balance.
Wow the EFF is going to be in huge trouble...Apple says in the agreement you can't disclose it and that means we'll be seeing them in court soon. Good riddance.
March 09 2010 at 2:47 PM Report abuse Permalink rate up rate down ReplyHot Apps on TUAW
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