Apple’s secret iPhone developer agreement goes public
The first rule of the iPhone developer program is: You do not talk about the iPhone developer program.
Before you create software for the iPhone, Apple demands that you sign away a laundry list of rights, including the ability to sell rejected apps through other channels, the ability to sue Apple for more than $50 (in the US, that is), and the ability to reverse-engineer or modify the iPhone or its SDK — and even the right to talk about your agreement with Apple.
The iPhone Developer Program License Agreement (.pdf) spells out all these requirements and more. Previously secret, the agreement has been acquired and published with the help of the Freedom of Information Act……
The Electronic Frontier Foundation reported Monday evening that it gained access to a March 2009 version of the agreement. EFF noticed that NASA had developed an iPhone app, so the cyber-rights foundation then used the Freedom of Information Act to obtain the agreement from NASA. The space agency judged that the FOIA trumps the Apple agreement, so they turned the Apple document over to EFF.
The contents of the agreement are hardly surprising, The EFF’s Fred von Lohmann summed up the highlights:
A ban on public statements, forbidding developers to speak about the agreement.
Apps made with the iPhone software development kit can only be distributed through the App Store, meaning rejected apps can’t be served through the underground app store Cydia, for instance.
Apple indemnifies itself against developer liability surpassing $50 (£35), meaning if developers get sued, Apple will be liable for no more than $50 in damages.
No reverse engineering, or enabling others to reverse-engineer, the iPhone SDK.
No messing with Apple products. That means no apps that enable modifying or hacking Apple products are allowed.
Apple can “revoke digital certification of any of Your Applications at any time.” No surprise there: Your app can be pulled even if it’s already been approved, which we’ve already seen happen a number of times.
“If Apple’s mobile devices are the future of computing, you can expect that future to be one with more limits on innovation and competition … than the PC era that came before,” von Lohmann wrote. “It’s frustrating to see Apple, the original pioneer in generative computing, putting shackles on the market it (for now) leads.”
Though the agreement may appear one-sided, Apple’s nondisclosure agreement for developers was more strict when the App Store first opened. Apple imposed a nondisclosure agreement in 2008 forbidding developers to discuss developing for iPhone OS 2.0. Developers were turned off by the NDA, because it stifled them from discussing programming tips with one another. Apple later dropped this part of the nondisclosure agreement, saying its purpose was to protect its intellectual property.
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