Apple Extends Non-Disclosure to App Store Rejection Letters

[Small White Car]

The podcaster app broke the SDK rules.

It broke rules that Apple made up AFTER it had been submitted!

THAT'S the problem.

If they had come out with those rules on day 1, I'd say "oh well, it's their phone."

But the fact is, they're making up new rules after developers spend a lot of time and money working on programs. Gee, would've been nice to know what all the "hidden" rules were! I wonder if there are more? Who knows?

Yeah, that's a great way to attract developers.

 

[eastcoastsurfer]

It's amazing to me that this is the same company that released the 1984 ad and used to have the slogan 'Think Different.'

 

[whooleytoo]

You agree to it when you send the app in for approval, right?

It's short-sighted, because if developers don't know what fails, then they won't bother spending time if it's just a crapshoot.

I think it's fine to NDA the specific reasons in specific cases, but if Apple does that they need to explain their decisions at least in general terms so other developers can understand what's good and what's not.

It's possible this comes under some "catch all" clause in the original NDA ("anything we don't want you to reveal, is confidential. We'll let you know what you can say"). If it doesn't, the ND disclaimer in the email is worthless.

I think this is ugly. This doesn't look like being about Apple protecting valuable, confidential information. It seems to me this is more about suppression of negative press.

I've been an Apple intern, employee, contractor; have written software for them as a 3rd party and now am (partly) a Mac developer and iPhone game developer, and yet I'm really starting to hate the company. I can really see why my boss thinks of them as the most fascist IT company.

 

[ktappe]

There's case law against this

Preface: I am not a lawyer.

That said, does anyone recall there being a similar incident earlier this year with regard to the RIAA? It started putting such clauses in its cease & desist letters to potential music sharers. My recollection is that the courts smacked them down pretty good for trying it. Apple's on similar thin ice here.

Further, it would not surprise me if such letters kept getting leaked if for no other reason than AMERICANS LOVE FREEDOM. Tell us that we can't do something that we know is just and we are almost guaranteed to do it.

Apple, what on earth have you become?

 

[whooleytoo]

Technically you can put a NDA on an email, by having the letter in PDF password protected. If you disagree with the email then don't use the password to read the letter. Simple.

Sure, that would work - provided you're notified that using the password constitutes acceptance of an NDA.

I don't think that was likely in this case.

 

[rosebud]

Welcome to 1984

Think different and behave just like the rest.
Apple has donne it again.

 

[aristobrat]

I think this is ugly. This doesn't look like being about Apple protecting valuable, confidential information. It seems to me this is more about suppression of negative press.

Suppression of negative press = protection of their image, which is probably the most valuable thing they have going for them.

A week from now and this will likely have fallen off of the radar.

 

[BryanLyle]

So, you can't talk about an app that you are developing... you can't talk about an app that was rejected... What exactly can you talk about?

Booooooo.

 

[aristobrat]

So, you can't talk about an app that you are developing... you can't talk about an app that was rejected... What exactly can you talk about?

Booooooo.

They don't seem to be cracking down on the developers that are talking to the media about the hundreds of thousands of dollars they've made in the last 60 days.

 

[scoobylovesjazz]

Stupidity of the non-disclosure on the iPhone SDK aside (you only end up hurting the platform if the developers cannot discuss their work with each other), trying to gag developers who have been rejected seems to be a knee jerk reaction to try and cover up anti-competitive behavior. While IANAL, it seems that rejecting applications based solely on the fact that they offer an alternative to Apple's own apps under the guise of preventing confusion (which as others have pointed out obviously isn't the case when you look at duplication in the AppStore) would be some sort of anti-trust issue. If Microsoft had pulled this the DOJ would have been all over them (even if in the end, Microsoft did nothing legally wrong).

Hopefully someone who knows more about anti-trust issues can share their take on this with us.

 

[megatronbomb]

They don't seem to be cracking down on the developers that are talking to the media about the hundreds of thousands of dollars they've made in the last 60 days.

Which, I'm sure, is the exception and not the rule.

 

[happydude]

apple is turning into another corporate fascist, controlling everything, giving no reasons for decisions, stifling free market, and regulating the press.

i agree there should be limits in place to protect from malicious intent, spam, security, but we should decide if a program is worthless or not.

and developers should be able to express frustration with not getting approved. if anything, to help other developers from going down a road that has already been roadblocked by apple's approval process. these decisions will only stifle creativity and production.

 

[madmaxmedia]

Suppression of negative press = protection of their image, which is probably the most valuable thing they have going for them.

A week from now and this will likely have fallen off of the radar.

Suppression of all press = negative image. Unless Apple decides to extend the NDA to the NDA itself as well.

If they had done nothing at all, it would have already blown over.

Tell me, how do you think this is going to make Kleiner-Perkins and their $100 million iPhone dev fund managers feel? Yeah, let's throw a bunch of money developing a really great app, that Apple might arbitrarily reject. Of course, I guess we can't tell our fund investors about this, since the rejections are covered by the NDA.

I understand perhaps why they are doing this, but their execution is horrible. They're really going to have to come up with something better than this.

 

[Phil A.]

This is unbelievably draconian of Apple - not only can they reject apps for spurious reasons, the fact that they have can no longer be made public. This means that developers get no help at all in deciding whether an app they have planned is likely to be rejected (i.e. they can't research what types of app got rejected in the past).
I am aware that Steve Jobs has a reputation as a control freak, but this is going too far, IMO, and can only damage the long term viability of the App Store.
Yes, it's Apple's store and they can control what goes in and what doesn't but a bit of transparency wouldn't got amiss...

 

[apixel]

And the problem with that is ...

Something needs to be done, because everyone will just jailbreak to obtain app's they want.

... I already jailbreak to get all the apps I want. In fact, I probably would not be using an iphone if it wasn't for the jb community. And yes, I do use mine with a legit ATT contract.

 

[happydude]

It broke rules that Apple made up AFTER it had been submitted!

THAT'S the problem.

If they had come out with those rules on day 1, I'd say "oh well, it's their phone."

But the fact is, they're making up new rules after developers spend a lot of time and money working on programs. Gee, would've been nice to know what all the "hidden" rules were! I wonder if there are more? Who knows?

Yeah, that's a great way to attract developers.

and i'm not convinced podcaster broke the rules. they said it duplicates current iphone function. podcaster allowed wireless delivery of podcasts. as of now, you have to be connected to a computer, and unless you want to erase your library and contacts, only one computer at a time. if you sync to your home computer and are on a trip, no updating podcasts until you are home unless you want to lose all your data. podcaster provided a way to avoid that problem. but apple said it duplicates ipod function - playback of podcasts.

what about pandora duplicating ipod function - playing music. or any of hundreds of examples?

we, the consumer, should decide if podcaster is for us, not apple.

 

[aristobrat]

Suppression of all press = negative image. Unless Apple decides to extend the NDA to the NDA itself as well.

If they had done nothing at all, it would have already blown over.

This thread is probably the last hurrah regarding App Store rejections vs. every time someone wrote an app that got rejected because of some stupid Apple reason, it'd be news.

Esp. if it was a new reason, like "duplicating functionality".

 

[cliffjumper68]

Apple has made this mistake before and nearly ran the company out of business. If there is nothing harmful or misleading about an app, it should not be barred from the iphone. Big mistake!

 

[john7jr]

A week from now and this will likely have fallen off of the radar.

Perhaps, but observing the trend - something equally infuriating about Apple's black-hole of iPhone development will surface.

Let's review the commandments we've been given so far:

1. Thou shalt not learn iPhone code from any scripture other than thy holy Apple.
2. Thou shalt not share code with other developers.
3. Thou shalt not collaborate with other developers.
4. Thou shalt not reveal that thou hath been rejected by the holy one.
5. Thou shalt not speak of thine reasons why thy app hath been rejected.
6. Thou shalt appreciate the selection of flashlights and to-do apps sanctioned by the holy one without question.

Did I miss any?

 

[mcadoodle]

..There will be so much junk to sift through to find something good. Not to mention malicious app possibilities.

Have you tried to sift through the App store

One thing I don't understand is why all the hooha about malicious apps There are millions more smartphones out there, without any restrictions and loads of apps, and the world hasn't ended.

I can't believe how well Apple have managed to instil a make-believe fear as a fact in everyone's head.

 

[MM2270]

Wow! Just… WOW. Apple, what in the living hell is going on with you? You're turning into a bunch of nazis. What's next? You make any developer that complains about you "disappear"?

I'm really losing faith in Apple as being one of the 'good guys' They're proving to the world that they are a bunch of greedy control freaks and that (they believe) everyone else but them is wrong. Boo Apple! Boo!

 

[aristobrat]

Perhaps, but observing the trend - something equally infuriating about Apple's black-hole of iPhone development will surface.

I think the next step is for a developer to disregard the NDA and get some press coverage for something negative about the App Store and the have Apple make an example out of him/her (by revoking their developers license).

After that, it's either a full-scale revolt or an eerie false silence.

What's nice is that the fervor in this thread is of about the same hostility level that caused Apple to re-think their launch positions of "no native 3rd-party applications" and "iPod Touch will not have the same native applications as the iPhone". Wonder if they'll listen like they did then?

 

[descarecrow]

I find it appalling that Apple of all companies, a company that has consistently fought Microsoft and its anti-competitive practices, would discourage developers from introducing any application that would in any way compete with its proprietary applications. I think the iPhone is great...not perfect...but great. By allowing inovation, competing products, Apple can work with the developer community to develop the best product possible. If anything, the appearance of these apps merely highlights the shortcomings of Apple's current efforts. Look at the public outcry for cut and past functionality, something that has been part of computer operating systems since, um, forever. Yet a year and a half after the initial launch of the iPhone, and here we all are, still waiting for an application, while at least two developers have tried to help the situation with their own workarounds.

 

[whooleytoo]

Suppression of negative press = protection of their image, which is probably the most valuable thing they have going for them.

A week from now and this will likely have fallen off of the radar.

Oh, I can fully understand why they would want to do this. I'd love to have the freedom to slap NDAs on every ex-girlfriend, ex-boss, ex-friend who might have something less than flattering to say about me.

I'd rather Apple tried to up its game, rather than merely suppressing any negative press - even when warranted - and carrying on. It's not a model for success, just for perpetuating your mistakes.

I do think this issue will fade quickly, but the underlying impression that many people have of Apple as an imposing, Big Brother style company will continue to fester.

 

[rockosmodurnlif]

What needs addressing?

The podcaster app broke the SDK rules.

And apple and the dev can still address it if they need to, between themselves, not between apple, the dev and the bloggers that don't have all the facts in front of them yet still will knee jerk to "apple is evil" in 2 seconds flat.

You wouldn't even know why it was rejected if you couldn't discuss it.

How to detect an Apple fanboi in one easy step:
1. S/He defends this move by Apple.