Electronic Frontier Foundation Examines, Stomps On iPhone Developer Agreement

by Lisa Hoover - Mar. 09, 2010Comments (5)

eff

More than 100,000 app developers have reportedly signed the iPhone Development Program License Agreement allowing them write software for the iPhone, however few people outside the inner circle of developers have ever seen the documents thanks to a non-disclosure clause included in the agreement.When NASA released the NASA App for iPhone, The Electronic Frontier Foundation (EFF) seized the opportunity to get a copy from the federal government under the Freedom of Information Act.

The EFF scoured the pages and released a fascinating look at the agreement, teasing out some of its finer points for closer inspection.

Ban on Reverse Engineering: Section 2.6 prohibits any reverse engineering (including the kinds of reverse engineering for interoperability that courts have recognized as a fair use under copyright law), as well as anything that would "enable others" to reverse engineer, the SDK or iPhone OS.

Kill Your App Any Time: Section 8 makes it clear that Apple can "revoke the digital certificate of any of Your Applications at any time." Steve Jobs has confirmed that Apple can remotely disable apps, even after they have been installed by users. This contract provision would appear to allow that.

We Never Owe You More than Fifty Bucks: Section 14 states that, no matter what, Apple will never be liable to any developer for more than $50 in damages. That's pretty remarkable, considering that Apple holds a developer's reputational and commercial value in its hands—it's not as though the developer can reach its existing customers anywhere else. So if Apple botches an update, accidentally kills your app, or leaks your entire customer list to a competitor, the Agreement tries to cap you at the cost of a nice dinner for one in Cupertino.

You'll want to check out the EFF's post for the full scoop on what they found. For instance, there's a clause that forbids developers from publicly distributing apps that Apple has formally rejected. It essentially turns iPhone app development into a crap shoot: If your app is turned down, you have no chance to recoup your losses via unauthorized app venues like Cydia.

The agreement no doubt raises the hackles of most developers in the open source community, however, it's important to consider that Apple's Developer Agreement is opt-in. Most likely, the attitude out of Cupertino is, "If you don't like it, don't sign it."

In the end, Apple shoots itself in the foot by shutting out developers who would bring a great deal of talent to the Apple development community, if the agreement weren't so off-putting. On the other hand, seasoned and novice developers alike will always have a home in mobile app FOSS communities like Moblin and Android.

What's your take on Apple's Developer Agreement? Is it about what you expected, or are you surprised by its constraints? Share your thoughts in the comments.


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5 Comments
 

I’m not at all surprised by Apple’s actions, as Apple is perfectly aware that it completely dominates the personal entertainment device category. The developer agreement is lopsided in Apple’s favor, as developers must either abide or go elsewhere. What surprises me is how arrogant Apple’s competitors in the hardware business are.

What amazes me is that, even today, Apple sells an iPod Touch for $200, a huge markup from the manufacturing cost of the device. There is no Android equivalent device which I can buy for $100, Apple’s manufacturing cost without their markup. Rather, Apple’s competitors charge the same prices, and expect the same margins. Apple has a decade of dominating personal entertainment to justify a 100% markup by cost; Apple’s competitors, not so much.


0 Votes

I don't care for Apple's tactics...


0 Votes

@Cody, I think you've got it right.


Sam


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The model adopted by Apple is leaving a bunch of great developers in a ''FUD'' world that they can´t confide in Apple anymore. Then HTC with Google enters the Market with far better hardware/sofware without stupid ''Lock ins'', either by manufacturer agreements or carrier Lock ins. Apples fight back using a stupid patent given by a stupid officer to sue HTC before they loose market by an open alternative. ( I really don't understand why simple physics and mathematic has passed by patent officers, Power + Voltage = Consumption ) stupid patents for a stupid system.

If all of those great developers come to android, Apple won't survive as a ''king'' for a long in this market.


0 Votes

I don't know about you, but my Nokia e63 mobile is a champ. Even their mobile online support is great. I'll take my Nokia over an iPhone any day. As many blogs on http://www.dozenmobile.com say, there's a wealth of cool new phones out there. But if I want to change phone companies, no jailbreaking here, I just have to change the sim. Take that apple!!


0 Votes
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