Feudal Lords
Lately, some Apple enthusiasts have been citing recent improvements in the App Store’s approval process as proof that the state of affairs in iPhone OS development has been getting better — and that people need to stop complaining about it. Marco makes that point in this otherwise excellent post:
But the problems keep getting fixed, and there’s very little left to complain about. Even Apple’s app-review process has dramatically improved over the last few months to be much faster and offer more detailed feedback for rejections, which eliminates or trivializes most of the problems with app review.
I don’t doubt that the process is getting better, I just think it’s besides the point. None of Apple’s process improvements change the fact that the contract under which developers operate is ridiculous. The EFF recently managed to dig up the details of that agreement, and it’s eye-opening:
App Store Only: Section 7.2 makes it clear that any applications developed using Apple’s SDK may only be publicly distributed through the App Store, and that Apple can reject an app for any reason, even if it meets all the formal requirements disclosed by Apple. So if you use the SDK and your app is rejected by Apple, you’re prohibited from distributing it through competing app stores like Cydia or Rock Your Phone. [Emphasis mine]
Kill Your App Any Time: Section 8 makes it clear that Apple can “revoke the digital certificate of any of Your Applications at any time.” Steve Jobs has confirmed that Apple can remotely disable apps, even after they have been installed by users. This contract provision would appear to allow that.
We Never Owe You More than Fifty Bucks: Section 14 states that, no matter what, Apple will never be liable to any developer for more than $50 in damages. That’s pretty remarkable, considering that Apple holds a developer’s reputational and commercial value in its hands—it’s not as though the developer can reach its existing customers anywhere else. So if Apple botches an update, accidentally kills your app, or leaks your entire customer list to a competitor, the Agreement tries to cap you at the cost of a nice dinner for one in Cupertino.
This is what a monopoly looks like: the App Store’s feudal lords get to dictate insane/surreal/draconian/should-be-illegal terms, and — if you want to develop software for what is arguably the most exciting platform out there right now — you just have to deal with it.
It’s impossible to deny that the App Store has led to a fluorescence of innovation, and has on balance been a good thing for developers — today. But it seems to me that focussing on the current state of affairs, and effectively ignoring the havoc that Apple could wreak if they wanted to, is dangerous. Apple gets away with this shit because they can — not because it’s right.
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