The Apple Core

Jason D. O'Grady & David Morgenstern

Apple’s iPhone developer agreement published (updated)

By | March 10, 2010, 11:18am PST

Summary: The EFF has posted one of Apple’s most secret and most confidential documents – its developer agreement that all devs must sign in order to access the company’s iPhone SDK. The EFF found a creative way to legally get and publish the document, an act that would surely invoke the Apple’s legal wrath. Noticing that NASA [...]

The EFF has posted one of Apple’s most secret and most confidential documents – its developer agreement that all devs must sign in order to access the company’s iPhone SDK.

The EFF found a creative way to legally get and publish the document, an act that would surely invoke the Apple’s legal wrath. Noticing that NASA had an app, the EFF 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.”

Originally NASA responded with a March 2009 version of the agreement but the story has been updated with a January 2010 version. Here’s a direct link to the 33 page PDF document. Great bedtime reading.

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, 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.

Tip: EFF

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Topics

Jason O'Grady is a journalist and author specializing in mobile technology. He has published six books on Apple and mobile gadgets and his PowerPage blog has been publishing for over 15 years.

Disclosure

Jason D. O'Grady

Jason D. O'Grady is the creator and editor of O'Grady's PowerPage, which has been publishing mobile technology news since 1995. He maintains an advertising relationship with the following legacy advertisers on the PowerPage:

  • Amazon Associates
  • Google Adsense
  • Tekserve
  • Advertising on the PowerPage is brokered by a third-party agency (BackBeat Media) and he recuses himself from these negotiations.

Biography

Jason D. O'Grady

Jason D. O'Grady developed an affinity for Apple computers after using the original Lisa, and this affinity turned into a bona-fide obsession when he got the original 128 KB Macintosh in 1984.

He started writing one of the first Web sites about Apple (O'Grady's PowerPage) in 1995 and is considered to be one of the fathers of blogging. He has been a frequent speaker at the Macworld Expo conference and a member of the conference faculty. He also co-founded the first dedicated PowerBook User Group (PPUG) in the United States.

After winning a major legal battle with Apple in 2006, he set the precedent that independent journalists are entitled to the same protections under the First Amendment as members of the mainstream media.

O'Grady is the author of The Nexus One Pocket Guide, The Droid Pocket Guide, The Google Phone Pocket Guide, and The Garmin nuvi Pocket Guide (Peachpit Press), the author of Corporations That Changed the World: Apple Inc. (Greenwood Press), and a contributor to The Mac Bible (Peachpit Press). In addition, he has contributed to numerous Mac publications over the years, including MacWEEK, Macworld, and MacPower (Japan).

When he's not writing about Apple for ZDNet at The Apple Core, he enjoys spending time with his family in New Jersey.

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RE: Apple???s iPhone developer agreement published (updated)
humifish 8th Jul
Does ANYONE have a copy of the Apple iOS Enterprise contract? humifish@hotmail.com
0 Votes
+ -
Not that I need it but...
Economister 10th Mar 2010
it just gives me one more reason not to buy anything made by Apple.

The HTC lawsuit is another powerful reason.
0 Votes
+ -
Well whaddya know....
Hallowed are the Ori 10th Mar 2010
We actually agree on something.
0 Votes
+ -
+1000, Apple = Evil Empire. nt
T1Oracle Updated - 10th Mar 2010
nt
0 Votes
+ -
Fuly agree
Scrat 11th Mar 2010
Like someone else said on these talkbacks, what a waste of a good liver...
0 Votes
+ -
NASA FOIA request as a trojan horse-I LOVE IT!
matthew_maurice 10th Mar 2010
Mad props to the Legal Eagles @EFF!

That being said, unless the agreement stipulated something
like that ALL devs name their first- or, in the case of pre-
existing children, next-born sons "Steve", nothing in there
was really going to surprise anyone. Hell, most of the Riders
at Smoking Gun are probably more interesting, and certainly
more entertaining.
0 Votes
+ -
Poor NASA
Michael Kelly 10th Mar 2010
Their apps will get pulled now.
0 Votes
+ -
Hardly.
matthew_maurice 10th Mar 2010
You can't be contractually obligated to violate federal law.
0 Votes
+ -
Seems reasonable to me
asad.quraishi@... Updated - 11th Mar 2010
It's not like they're asking for the sacrifice of your firstborn...oh geez, I
hope they don't sue me for divulging a clause in the iPad developer
agreement!
0 Votes
+ -
> that all devs must sign in order to
> access the company?s iPhone SDK.

You never need to sign ANYTHING... just to "get" the SDK... "access" the SDK... or even "use" the SDK when you write apps.

You need to sign *AFTER* you have a working app... that you wish to put on your phone... or other phones.... or in the app store.

I think Jason is very, very confused about the difference between what the "SDK" is... and what "getting Apple to sell your apps" is all about.

They are *NOT* the same things at all.
0 Votes
+ -
Once this "secret agreement" is posting online... it can never be "hidden" again. Apple can sue anyone/everyone... and remove 1000s of copies... but someone will still have it... and can always repost it.
Does ANYONE have a copy of the Apple iOS Enterprise contract? humifish@hotmail.com

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