EFF Publishes iPhone Developer Agreement; Reveals Interesting Details

News | Thursday March 4 2010 9:54 PM | Comments (0) Tags: , , , , , ,

NASA were obliged to provide EFF a copy of the 28-page March 2009 version of the agreement. According to EFF:
Overall, the Agreement is a very one-sided contract, favoring Apple at every turn. 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.
App Developers are prohibited from making public statements about the terms of the agreement. It is the primary reason why the license agreement hasn’t been made public for such a long time.
SDK should be publicly distributed using through the App Store. This also applies to rejected
and developers of such apps are also prohibited to release it on Cydia or Rock Your Phone, the App Store for
iPhone apps.
Reverse engineering of the iPhone OS or SDK is banned.
“disabling, hacking, or otherwise interfering”
with security provisions on any Apple technology, which is essentially a provision to prohibit developers from jailbreaking their iPhones.
, which had resulted in a lot of controversy.
Apple 's will not be liable to any developers for more than $50 in damages.
You might remember that for the 2009 rulemaking,
with the U.S. Copyright Office to the Digital Millennium Copyright Act (DMCA) related to
, which allows iPhone owners to install
that have not been approved on the App Store (due to various reasons). However, Apple had informed the Copyright Office that the exception request by Electronic Frontier Foundation (EFF) was not acceptable as the very act of jailbreaking the iPhone results in copyright infringement.
.
And don’t forget to let us know what you have to say about it in the comments.

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