EFF Takes Issue with iPhone App Dev License

The Electronic Frontier Foundation got its hands on a version of the iPhone Application Developer Program License Agreement, and the public advocacy group did not like what it saw. The EFF was able to get a copy of Rev. 3-17-09 of the developer agreement through a Freedom of Information Act (FOIA) request to NASA--a government agency that has developed several iPhone apps. This is reportedly not the latest version of the agreement, but the EFF believes it is recent enough to be indicative of Apple's policies.

Some of the restrictions found in the agreement have been well documented before, such as Apple's prohibition on using trademarks, obscene or explicit content, and apps that use unapproved parts of the iPhone framework.

But the EFF took issue with several other parts of the agreement the watchdog group believes will limit innovation and competition.

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The Electronic Frontier Foundation got its hands on a version of the iPhone Application Developer Program License Agreement, and the public advocacy group did not like what it saw. The EFF was able to get a copy of Rev. 3-17-09 of the developer agreement through a Freedom of Information Act (FOIA) request to NASA--a government agency that has developed several iPhone apps. This is reportedly not the latest version of the agreement, but the EFF believes it is recent enough to be indicative of Apple's policies.

Some of the restrictions found in the agreement have been well documented before, such as Apple's prohibition on using trademarks, obscene or explicit content, and apps that use unapproved parts of the iPhone framework.

But the EFF took issue with several other parts of the agreement the watchdog group believes will limit innovation and competition.

Agree to This, But Don't Tell Anyone

Section 10.4 of the agreement says that any developer who agrees to its terms is not allowed to make any public statements about the developer license without Apple's written approval. This troubles the EFF, presumably because it limits access to information about a very popular software development platform.

App Store or Nothing

Apple's licensing terms state in section 3.2 (f) that you can only publicly distribute iPhone apps made with "Apple Software" through the iTunes App Store. Apple defines Apple Software as the iPhone Software Development Kit, the Apple OS and any profiles you make on your iPhone for testing software. Basically, if you make an iPhone app, you are only supposed to sell it on the iTunes App Store.

No Reverse Engineering

You can't use the SKD or other Apple Software to reverse engineer the company's products, according to section 2.6. The EFF doesn't like this since limited amounts of reverse engineering are allowed by law to solve interoperability conflicts that may arise between pieces of software or hardware.

Don't Play with Your Gadget

The EFF says that section 3.2(e) of the licensing agreement says you cannot tinker with any Apple software or technology. This is the part of the agreement that is supposed to stop people from jailbreaking the iPhone, and the EFF argues that it also extends to everything Apple makes. However, the EFF's interpretation may be a bit of stretch, since the terms deal specifically with a prohibition against breaking security protocols and digital rights management (DRM) software.

Apple Can Kill You and Owes You Only $50

Well, not you specifically, but any application of yours sitting in the App Store is there thanks to the whims of Apple, and can by removed at any time, according to section 8.

Apple limits its liability for you under section 14 and says you will only ever get $50 for any damages incurred from your dealings with Apple. This means, as the EFF points out, "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."