Posted by: Chris Barylick
Date: Thursday, April 2nd, 2009, 08:19
Category: iPhone, Legal
With iPhone OS 3.0 en route, Apple appears to be taking a more aggressive stance against develops writing applications for jailbroken iPhone handsets. Per an Ars Technica article, Apple has recently updated its “iPhone Developer Program License Agreement”, the new version explicitly disallowing jailbreaking, assisting in jailbreaking, and developing and distributing jailbreak apps.
The report goes on to mention that while previous agreements forbade the creation of apps that violate privacy, facilitate crimes, or violate intellectual property laws, the new one restricts developers from jailbreaking their own phones.
Back in February, Apple publicly defined its legal stance on iPhone jailbreaking, arguing that it represents copyright infringement and a DMCA violation. During this time, an Electronic Frontier Foundation proposal asked for an exemption that would allow jailbreaking of iPhones or other handsets, effectively liberating the devices to run applications other than those obtained from Apple’s own iTunes App Store.
The report also states that developers are also “forbidden from using the iPhone OS, SDK, or other developer tools to develop applications for distribution in any way other than the App Store or Ad Hoc distribution.” The new changes place significant restrictions on distribution, which is now only available via the App Store at Apple’s sole discretion.
The report also notes that updated segments of the NDA specifically restrict jailbreaking or circumventing the iPhone’s built-in OS security. Though such agreements aren’t likely to entirely prevent third-party developers from writing applications, they will likely discourage developers from submitting their unapproved or rejected app on other distribution outlets that offer alternatives for customers interested in buying, testing, or installing with their software.
The text defining these restrictions reads as follows:
(e)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; and
(f) Applications developed using the Apple Software may only be distributed if selected by Apple (in its sole discretion) for distribution via the App Store or for limited distribution on Registered Devices (ad hoc distribution) as contemplated in this Agreement.
Last September, Apple extended its iPhone Developer NDA by restricting the information that developers could discuss publicly by telling developers in its App Store rejection letters that “the information contained in this message is under non-disclosure.” While discussion of details in iPhone development is generally restricted, numerous developers have complained publicly about rejections without repercussion.
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