iPhone NDA: Apple Does the Right Thing
News Commentary. Apple took long enough relaxing prohibitive iPhone NDAs. |
Today, the company revealed the policy change on the Developer Connection Web site. Developers and bloggers have quite publicly condemned the nondisclosure policy, particularly following Apple's rejection of some applications to the App Store.
Interesting, I see nothing here to suggest Apple has relaxed its App Store evaluation policy, which puts another burden on developers. Who wants to create an application with the possibility that Apple would reject it after being completed and submitted?
Apple has done right here, but responded too slowly and not gone far enough, seeing as how the NDA only covers "released software." But what is Apple's definition of "released"? If it's availability on the App Store, then software rejected by Apple wouldn't come under the relaxed policy. That effectively would keep in place the gag order for developers whose applications Apple rejected. The company hasn't yet released the new agreement, so there is uncertainty about the terms.
I question whether Apple would have lifted the NDA if not for Google's forthcoming Android Marketplace. There's a new, competing—and open-source—mobile application store coming. Apple has got to be wary of Google, even if the Android-based T-Mobile G1 won't initially ship in numbers great enough to threaten the iPhone. It's the early days yet for mobile platforms. Surely, Apple understands the risks, after seeing Windows-based PCs erase the Mac's early market share lead in the late 1980s.
The contents of the policy change, which goes into effect when developers get the new agreement:
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.
Do you think Apple has gone far enough? Please share in comments or by e-mail.
[Please send your tips or rumors to watchtips at gmail.com.]
Comments (4)
They've gone far enough. Sure, it only applies to released items, but having unreleased items under NDA is not at all unusual. Suggesting that even those not be covered by NDA is unreasonable (and unrealistic), in my opinion.
The primary NDA complaint was that even released apps/features were covered, which prevented the publication or use of books, tutorials, presentations, classes, discussions groups, etc. that could help spread the word. It’s that restriction that’s been lifted. How can that be anything other than good news?
As for why it took Apple so long, I honestly believe they wanted to wait as long as possible, to get as much a head start as possible, on app development before making it any easier to copy ideas. My personal opinion is that they waited too long, but the important thing is they realized the time has passed and loosened their grip.
Posted by Tom | October 1, 2008 2:48 PM
Once Bitten, Twice Shy.
Who could really blame Apple for taking steps to protect its intellectual property? As they say, they did it to protect it "so that others don't steal our work. It has happened before."
Microsoft was a trusted partner of Apple, with privileged access to the Macintosh SDK in the 80's. Apple is being extremely candid here -- No more "start your photocopiers" jokes, but valid concerns over partners who blatantly "steal" under NDA.
Posted by Once Bitten | October 1, 2008 5:03 PM
My guess is that in regards to "released software," they are talking about Apple's own iPhone / iPod touch OS software, not 3rd party software. They can now freely talk about version 2.1, but not the upcoming 2.2, for example.
Posted by coffeetime | October 1, 2008 6:13 PM
I've got a different take on this whole NDA thing. Let's take a walk down memory lane for perspective. Remember when the initial iPhone came out and it was too expensive? They lowered the price. This was purposeful and they planned this. The high initial price got the situation LOTS of press. Press is press--there is no negative press when it gets people talking about the iPhone. Remember? It got a lot of buzz, both up front and then especially when they lowered the price. Good Apple. Doing what Microsoft never does....LISTENING.
This instance uses the same tactic in manipulating the media. Talking about the NDA situation got free press--visibility. Mean old Apple. Then when they "cave" they look like this "responsive, caring company that LISTENS" (just like for lowering the iPhone price).
Neither of these were accidents. It is the PR machine of Apple at work. They are shrewd and purposeful. They wait until the outcry reaches a near tipping point, then they give in with masterful timing. Steve loves to be the puppetmaster.
You heard it here first!
-mmmmark
Posted by mmmmark | October 2, 2008 12:07 AM