Apple Adds NDA to App Store Rejection Notices

[KSoD]

The situation regarding Apple's App Store for the iPhone is getting weirder by the day. Several applications have been rejected from the App Store based on seemingly dubious claims such as duplication of functionality (even though they didn't duplicate anything), or alikeness to default applications. Two such cases made headline news over the past few days; Podcaster and MailWrangler. The developers of these applications openly protested against these rejections, and apparently, Apple doesn't really like that. Apple now reiterates that rejections fall under the NDA, prohibiting developers from speaking up about rejections.


Podcaster was the first high-profile application that got rejected. Podcaster allowed its users to download and stream podcasts directly, instead of having to download them through iTunes first, and according to Apple, this duplicated functionality of Apple's own iTunes. The author of the application defended himself by stating that it offers several features that Apple does not offer. In addition, loads of other applications in the App Store also duplicate functionality of default applications. Obviously, Apple is rejecting Podcaster because the company plans to add similar functionality in future iPhone/iTunes updates.

The case of MailWrangler is similarly odd, since the rejection email didn't make an awful lot of sense. MailWrangler allowed you to be logged in to multiple GMail accounts at the same time, and switch between them without having to log out, like you had to do when using mobile Safari. Apple rejected the application because it deemed it too similar to the included mobile Mail application, even though they are both rather dissimilar.

These rejections caused a tidal wave of criticism, because they appeared to be completely random. The applications didn't break any of the rules set forth by the iPhone's SDK agreement, so how are developers to know - beforehand - if their application is accepted or not? In an attempt to stop these criticisms, Apple has added an NDA clause to its rejection notices:

THE INFORMATION CONTAINED IN THIS MESSAGE IS UNDER NON-DISCLOSURE

In other words, if you're an iPhone application developer, the process of designing and writing an application goes more or less like this. You spend quite some time thinking of an idea, and then you set out to design your application. After weeks and months of painstakingly implementing your idea as a working iPhone application, you submit it to the App Store, and cross your fingers hoping all your work hasn't been in vain. Sadly, it appears that you broke some invisible rule, or you duplicated default functionality even though you didn't, or you inadvertently came up with an idea Apple was already working on for a future iPhone revision - and your application is rejected. And you're not allowed to talk about it. Your wife (or husband) is really going to wonder what you've been doing all those weeks in your basement.

These policies from Cupertino are devastating for developer confidence, and one high-profile developer (of Exposure) has already stopped developing applications for the current App Store. I'm out, he says. "'I'm out' doesn't mean I'm pulling Exposure from the store. All it means is I'm not going to invest time and money into new ideas for the iPhone until this mess is resolved."

Source

I would comment but since i have a NDA forced upon me that i did not have previous knowledge of or agree to before it was enforced upon me i can't.

 

[Kharn]

Apples NDA's are ****ing retarded.

 

[zmatt]

They are killing their own dev base. That's retarded. When are they going to learn, you can't have your cake and eat it. Isn't it enough that everyone owns an iPhone? Except for me of course, I use windows mobile.

 

[Kharn]

Officially there doing this to protect integrity of the source code of 3rd party coders, unofficially it's to try an get more ADC subscriptions and to attempt to curb the jail break problem.

 

[zmatt]

I think apple doesn't realize that people don't necessarily want to use their software. I remember one reviewer putting it "On the iPhone you can do things only one way, Apple's way, which is the "right way"" The arrogance is annoying to say the least.

 

[Kharn]

Tell me about it...

You should see the staff NDA's there worse the higher you get, I know one guy who had to argue to submit any source code he wrote to corporate to make sure he wasn't breaking his NDA when he contributed to any project he worked on out side of work.

 

[KSoD]

Apple drops iPhone NDA, frustrated developers voice their joy

Under pressure from developers, Apple has dropped the controversial NDA clause previously imposed on its iPhone OS. Many developers are expressing their happiness on Twitter and elsewhere online, sometimes in pithy language.

Admitting that the non-disclosure agreement [NDA] for developers of apps for the iPhone's App Score is creating a "burden for developers," Apple is now abandoning the agreement for released software.

Thanking all who gave "constructive feedback" about the controversial clause in the iPhone SDK, Apple has posted a message on its developers' Web site explaining that the NDA was established "as one more way to help protect the iPhone from being ripped off by others."


Yet "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," according to Apple.

This doesn't mean, though, that Apple will impose no agreement whatsoever on developers. "Developers will receive a new agreement without an NDA covering released software within a week or so," Apple's letter says. "Please note that unreleased software and features will remain under NDA until they are released."

Developers annoyed by the NDA had been peppering Apple, message boards, and Twitter with their views.

Among other problems caused by the NDA, developers had trouble figuring out ways to meet to compare code samples -- and talk about ways of getting their software into the App Store -- without violating their deals with Apple.

"It looks like the talks have been changed to avoid the iPhone NDA. At a future meeting, if we can verify each attendee has agreed to the NDA (by having them log into the iPhone Dev Center), do you think we'll be able to discuss iPhone development?," suggested one developer, in a post to the Reston CocoaHeads site.

Frustration with the NDA got so strong that Second Gear set up a message board on its Web site whose title invoked a certain non-repeatable gerund.

Clearly, lots of iPhone developers were thrilled to learn that the NDA is history. "Let us have a moment's silence for the phrase 'F------ NDA.' For it has passed on but it will never be forgotten by Twitter users," Twittered one developer.

"Holy [other Nixonian expletive deleted]! I come back from holidays and the f------ NDA is lifted! Rock on!" exclaimed another.

But although Apple's blog doesn't directly address the plight of developers whose iPhone apps have been turned down by the App Store, it seems as though the NDA will stay in effect on their software -- since applications such as Podcaster and Murderdrome haven't actually been released by Apple.

As BetaNews reported in September, Apple looks likely to be using the NDA clause to keep spurned developers from talking about the App Store's rejection of their applications.

The full text of Apple's letter to developers follows:

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.

Source