March 9th, 2010

UPDATED: All Your Apps Are Belong to Apple: The iPhone Developer 
Program License Agreement

Legal Analysis by Fred von Lohmann

The entire family of devices built on the iPhone OS (iPhone, iPod 
Touch, iPad) have been designed to run only software that is approved 
by Apple-a major shift from the norms of the personal computer 
market. Software developers who want Apple's approval must first 
agree to the iPhone Developer Program License Agreement.

So today we're posting the "iPhone Developer Program License 
Agreement"-the contract that every developer who writes software for 
the iTunes App Store must "sign." Though more than 100,000 app 
developers have clicked "I agree," public copies of the agreement are 
scarce, perhaps thanks to the prohibition on making any "public 
statements regarding this Agreement, its terms and conditions, or the 
relationship of the parties without Apple's express prior written 
approval." But when we saw the NASA App for iPhone, we used the 
Freedom of Information Act (FOIA) to ask NASA for a copy, so that the 
general public could see what rules controlled the technology they 
could use with their phones. NASA responded with the Rev. 3-17-09 
version of the agreement.

UPDATED: we are now also posting the most recent version of the 
agreement, dated January 2010.

This "license agreement" is particularly relevant right now, given 
the imminent launch of the iPad and anytime-now issuance of the U.S. 
Copyright Office's ruling regarding jailbreaking of the iPhone.

So what's in the Agreement? Here are a few troubling highlights:

...

http://www.eff.org/deeplinks/2010/03/iphone-developer-program-license-agreement-all

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