Thanks, Jonathan, for clearing up a very muddied lake. Now, as I said in a previous message, if there were any kind of teeth in such an agreement, this whole thing would be a moot point and we wouldn't even be talking about it because there would've been no podcast--unless, of course, you decided to produce one (LOL) and tell us what you could, but Apple obviously didn't "do it right," otherwise this whole beta-cycle release would not have been so widely and easily available to all of these hundreds and thousands of people out there. But as we all know, if there's a way to reverse-engineer something, and as we all know, there always is, someone will do it, and whatever happens, happens.
The end. On Tue, 27 Aug 2013 10:47:22 +1200, you wrote: >Hi Steve, Apple has never released a public beta of iOS. To obtain a beta, you >need to be a registered developer. It is true that during this cycle, it has, >as has been reported by several tech publications, been possible to install >the beta without the UDID of your device being registered with Apple. Even so, >Apple does not distribute the software outside of the Apple Developer website. >Therefore, if you got the build without registering as an Apple developer or >having your UDID associated with an Apple Developer account, you've pirated >the software. > >When you register as an Apple Developer, you sign an NDA. Do I have it? Yes, >actually, I do. And here are the relevant sections. > >Confidentiality. You agree that any Apple pre-release software and/or hardware >(including related documentation and materials) provided to you as a >Registered Apple Developer (“Pre-Release Materials”) and any information >disclosed by Apple to you in connection with Apple Events or Paid Content >(defined below) will be considered and referred to as “Apple Confidential >Information”. Notwithstanding the foregoing, Apple Confidential Information >will not include: (i) information that is generally and legitimately available >to the public through no fault or breach of yours, (ii) information that is >generally made available to the public by Apple, (iii) information that is >independently developed by you without the use of any Apple Confidential >Information, (iv) information that was rightfully obtained from a third party >who had the right to transfer or disclose it to you without limitation, or (v) >any third party software and/or documentation provided to you by Apple and >accompanied by >licensing terms that do not impose confidentiality obligations on the use or >disclosure of such software and/or documentation. >Nondisclosure and Nonuse of Apple Confidential Information. Unless otherwise >expressly agreed or permitted in writing by Apple, you agree not to disclose, >publish, or disseminate any Apple Confidential Information to anyone other >than to other Registered Apple Developers who are employees and contractors >working for the same entity as you and then only to the extent that Apple does >not otherwise prohibit such disclosure. Except for your authorized purposes as >a Registered Apple Developer or as otherwise expressly agreed or permitted by >Apple in writing, you agree not to use Apple Confidential Information in any >way, including, without limitation, for your own or any third party’s benefit >without the prior written approval of an authorized representative of Apple in >each instance. You further agree to take reasonable precautions to prevent any >unauthorized use, disclosure, publication, or dissemination of Apple >Confidential Information. You acknowledge that unauthorized disclosure or >use of Apple Confidential Information could cause irreparable harm and >significant injury to Apple that may be difficult to ascertain. Accordingly, >you agree that Apple will have the right to seek immediate injunctive relief >to enforce your obligations under this Agreement in addition to any other >rights and remedies it may have. If you are required by law, regulation or >pursuant to the valid binding order of a court of competent jurisdiction to >disclose Apple Confidential Information, you may make such disclosure, but >only if you have notified Apple before making such disclosure and have used >commercially reasonable efforts to limit the disclosure and to seek >confidential, protective treatment of such information. A disclosure pursuant >to the previous sentence will not relieve you of your obligations to hold such >information as Apple Confidential Information. > >So what this means is that we know some of the features that are in iOS7, >because Apple showcased them at the World Wide Developer's Conference. It's >their pre-release software, they can disclose what they want, and keep what >they want under wraps. > >I'm not at all saying that the originator of this thread acted knowingly to >breach a nondisclosure agreement, and I also acknowledge that on various >technology blogs, people choose to pay lip service to the NDA at best, >flagrantly breach it at worst. But just because some people do it, doesn't >make it right. I can understand why the list owner, as an Apple developer, >wants to keep material under nondisclosure off the list. I also think regular >postings of the rules to avoid inadvertent breaches such as occurred in this >instance would be helpful. > >But I'm afraid you're incorrect with your assertion that no NDA has been >breached and that the software is in public beta. It simply is not. > >Jonathan Mosen >Mosen Consulting >Blindness technology eBooks, tutorials and training >http://Mosen.org > >On 27/08/2013, at 7:21 AM, Steve Matzura <number6...@gmail.com> wrote: > >> You think? Do you have NDA? Can you quote verbatim the paragraphs >> binding him to secrecy which you say he broke? If not, then please do >> us all a favor and get your facts straight, then come back and bash me >> to death if you like. I await your reply. >> >> On Mon, 26 Aug 2013 19:12:34 +0100, you wrote: >> >>> To me I think Sean was breaking the Nda. Apple has never released betas >>> of iOs or Os X as public, and I can't see that changing. I actually am >>> for this and wished other companies would follow suit. This is why even >>> the first go round of Apple's new operating system is so polished. >>> Just my £0.02 worth. >>> >>> >>> On 26/08/2013 18:47, Christopher Chaltain wrote: >>>> I listened to the podcast, and I never heard it stated that this was a >>>> public beta. The podcaster also never explained how he got the beta >>>> himself. Although he acknowledged that there's a lot of information on >>>> IOS 7 available out there on the web, he also admitted that there are >>>> people out there who don't feel information on IOS 7 should be >>>> distributed unless it's done by Apple or until IOS 7 has been released. >>>> It isn't clear to me, after listening to the podcast, whether this is a >>>> public beta or whether an NDA has been violated or not. >>>> >>>> I'm OK with Cara and Raul determining what is and isn't appropriate for >>>> the list. I just think our facts need to be accurate, and we shouldn't >>>> claim things are publicly available or that NDA's haven't been violated >>>> when the source we're pointing to doesn't even address those points. >>>> >>>> BTW, I don't think there's any more dissension in the blindness >>>> community than there is in the general public. We're all people and >>>> anyone can voice an opinion without or without facts to back it up and >>>> the blind don't have a monopoly on this behavior. >>>> >>>> I'm curious, does the 37 messages include the half of dozen messages you >>>> contributed to the thread? Just curious, since I haven't been counting >>>> myself. >>>> >>>> On 08/26/2013 12:11 PM, Steve Matzura wrote: >>>>> I can't believe there were thirty-seven messages written about this >>>>> topic, none of which would have been necessary if anybody had listened >>>>> to the program. Thinking that it was one I hadn't heard before, I >>>>> downloaded it and listened. I got about two minutes into it, and >>>>> realized I had indeed heard it before. If any of you who complained >>>>> about Joseph's having posted this link would have done the same, you >>>>> all would have heard what I heard the first time, and then again just >>>>> now, that this release was already in public beta, there were no >>>>> non-disclosure agreements violated, nothing was being disclosed that >>>>> should not have been, information about it was all over everywhere, >>>>> and that Shawn was simply going to spotlight, if you will, the >>>>> accessibility features that had changed, something that most other >>>>> YouTube videos would doubtfully have covered. All of you people who >>>>> bashed Joseph for posting the link really need to grow up and get your >>>>> facts straight before jumping on your keyboards and writing about >>>>> things of which you know nothing. You wonder why there is so much >>>>> dissention in the blind community about anything at all? It's because, >>>>> while everybody has an opinion, nobody seems to have the facts. >>>>> Opinions are cheap--everybody has one. Facts, now, they're expensive. >>>>> They require thought and research. Exercise the same before bashing >>>>> somebody who tried to do you a favor. >>>>> >>>> >> >> -- >> You received this message because you are subscribed to the "VIPhone" Google >> Group. >> >> Post a new message to VIPhone by emailing viphone@googlegroups.com. >> >> Search and view the VIPhone archives by visiting >> http://www.mail-archive.com/viphone@googlegroups.com/. >> >> Reach the VIPhone owner and moderators by emailing >> viphone+ow...@googlegroups.com. >> >> Unsubscribe and leave VIPhone by emailing >> viphone+unsubscr...@googlegroups.com. >> >> More VIPhone group options can be found by visiting >> http://groups.google.com/group/viphone?hl=en. >> --- >> You received this message because you are subscribed to the Google Groups >> "VIPhone" group. >> To unsubscribe from this group and stop receiving emails from it, send an >> email to viphone+unsubscr...@googlegroups.com. >> For more options, visit https://groups.google.com/groups/opt_out. -- You received this message because you are subscribed to the "VIPhone" Google Group. Post a new message to VIPhone by emailing viphone@googlegroups.com. Search and view the VIPhone archives by visiting http://www.mail-archive.com/viphone@googlegroups.com/. Reach the VIPhone owner and moderators by emailing viphone+ow...@googlegroups.com. Unsubscribe and leave VIPhone by emailing viphone+unsubscr...@googlegroups.com. More VIPhone group options can be found by visiting http://groups.google.com/group/viphone?hl=en. --- You received this message because you are subscribed to the Google Groups "VIPhone" group. To unsubscribe from this group and stop receiving emails from it, send an email to viphone+unsubscr...@googlegroups.com. For more options, visit https://groups.google.com/groups/opt_out.
