UPDATE Over recent weeks Apple has tightened control over the acceptance of applications published within the iTunes App Store, and now appears to be broadening its control beyond the App Store but within the iPhone environment. In previous weeks some developers have complained when their apps were rejected with little or no explanation from Apple, or that they received an explanation that (to some) seemed anti-competitive. Apple has now made it more difficult for these developers to share their experiences or to create workarounds for distribution.

The most visible rejection of an application to the iTunes App Store has been the podcast application that Apple rejected on the basis that it mimicked iTunes functionality. At the time numerous complaints appeared on the Internet against the move by Apple. The developer of the application provided those interested in using the application an alternate route to using the application via a donation model directly from his website.

One of these alternate routes has allowed developers to let users download applications direct to the iPhone whilst circumventing the iTunes App Store. MacNN is reporting that the approach of binding software to serial numbers of iPhones is being revoked and that such an approach (away from the iTunes App Store) will not work in the future. This leaves little reproach for developers wanting to create acceptable and genuine applications that Apple reject for (it is argued) reasons beyond causing harm or damage to the iPhone.

At the same time, both AppleInsider and MacRumors are reporting rejection letters to developers are now including (but may have previously included, but were not noted) the clause...

THE INFORMATION CONTAINED IN THIS MESSAGE IS UNDER NON-DISCLOSURE

Whilst it is understandable to see Apple want to have private communications between itself and developers, the new clause seems to be an attempt to stop any discussion of reasons for rejection. Whilst some rejections may be because an application causes damage to the iPhone (and such communications should understandably be between developer and Apple alone) any blanket attempt to stifle dissent or any open discussion is of concern, and (some are speculating) could lead to calls of anti-competitive practices by Apple.

Other links...

• http://www.macworld.com/article/135729/2008/09/app_store_policies.html
• http://www.macnn.com/articles/08/09/23/apple.extends.iphone.nda/

[Update 1]

Apple have dropped the NDA for developers (http://developer.apple.com/iphone/program/)

To Our Developers

We have decided to drop the non-disclosure agreement (NDA) for released iPhone software.

We put the NDA in place because the iPhone OS includes many Apple inventions and innovations that we would like to protect, so that others don’t steal our work. It has happened before. While we have filed for hundreds of patents on iPhone technology, the NDA added yet another level of protection. We put it in place as one more way to help protect the iPhone from being ripped off by others.

However, the NDA has created too much of a burden on developers, authors and others interested in helping further the iPhone’s success, so we are dropping it for released software. Developers will receive a new agreement without an NDA covering released software within a week or so. Please note that unreleased software and features will remain under NDA until they are released.

Thanks to everyone who provided us constructive feedback on this matter.

Comments (3)

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lowededwookie said: September 25, 2008 | url    Votes: +0

I think it has more to do with the limited amount of details supplied by the developers painting an incorrect picture than Apple playing big brother like the media is trying to lead everyone to believe. There's very little detail on how the Podcast app actually works so if it doesn't discriminate against wireless transports i.e. WiFi or 3G then this does in fact cause the application to fail. Data transfers of the nature required by the Podcast app MUST be done over WiFi. Hell, Apple's own iTunes Store app on the iPhone MUST be connected to a WiFi network in order to be used. This is so that the 3G network isn't overloaded with superfluous data. One suspects the programmer DOES know why his app failed and he's just not telling the full picture. The app failed under section 3.3.3 according to a number of reports including Roughly Drafted who went into more details about the SDK clauses. There was an interesting article I found on iPhone Hacks which doesn't seem to be helping the Podcaster programmer any. Effectively the AdHoc distribution method used by said programmer violated his license with Apple as well so he just dug a bigger hole for himself. By using loopholes to make money off people I'd be a little weary of this app.

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Cuby said: September 26, 2008 | url    Votes: +0

	Strange... It is really odd that Apple refuses to give detailed answers for refusing to accept certain applications, and their reasons for some seem very poor. I'm actually currently trying to work on a new application for iPhone (with no experience whatsoever ) so fingers crossed that they don't turn it down... Cuby
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Philip Roy said: October 03, 2008   Votes: +0

	An exceptionally well written piece that I think sums up the dilemma and issues with Apple over iPhone development, even after they have dropped NDA issues as of yesterday. Read it here... http://daringfireball.net/2008/10/the_fear
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