Posted by: Chris Barylick
Date: Wednesday, March 10th, 2010, 06:11
Category: iPhone, News
Yesterday, the Electronic Frontier Foundation both posted a recent version of Apple’s confidential license agreement to which all iPhone, iPad and iPod touch developers must agree as well as took a critical stance against the document.
Per AppleInsider, the foundation came to the conclusion that by controlling the App Store and preventing rival competition by blocking competing options, Apple’s “future of computing” is headed towards an era that could stifle innovation. It suggested the Cupertino, Calif., company’s actions have been that of a “jealous and arbitrary feudal lord.”
“Overall, the Agreement is a very one-sided contract, favoring Apple at every turn,” the EFF wrote. “That’s not unusual where end-user license agreements are concerned (and not all the terms may ultimately be enforceable), but it’s a bit of a surprise as applied to the more than 100,000 developers for the iPhone, including many large public companies.
“How can Apple get away with it? Because it is the sole gateway to the more than 40 million iPhones that have been sold. In other words, it’s only because Apple still “owns” the customer, long after each iPhone (and soon, iPad) is sold, that it is able to push these contractual terms on the entire universe of software developers for the platform.”
The EFF noted that public copies of the license agreement are “scarce,” in part because the agreement itself prohibits its release. The foundation managed to obtain a copy by making a request to NASA under the U.S. Freedom of Information Act, and presented what it felt were “a few troubling highlights.” They include:
- Developers, including government agencies such as NASA, cannot make public statements about the iPhone OS developer agreement.
- Applications created through the development kit can be sold on the App Store only.
- The iPhone OS cannot be reverse engineered, and the foundation asserts this even applies to methods that courts have recognized as fair use.
- Apple can remove an application at any time. In 2008, a researcher discovered a “kill switch” in the iPhone software that would allow the company to remotely deactivate an application.
- No matter what, Apple is never liable to a developer for more than $50 in damages. “That’s pretty remarkable,” the foundation said, “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.”
Stay tuned for additional information as it becomes available and if you have something to offer on this, please let us know.