Oh things are becoming saucy! Prepare the popcorn
Developer seems to have known about this for 2 years now, can't play that innocence game. Though I still think there should always be an appeal option
He claims he didn't. but I would imagine that Apple keeps copies of all such messages in case a developer tries to sue and use 'you didn't tell me' as part of their defense.
And this is a lesson to be learned. If you give someone your developer password or pay for an account for them, you are on the hook if they do something nasty. It's likely even in the terms and conditions. Including that the fallback can hit every account associated with you
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Oh things are becoming saucy! Prepare the popcorn
Developer seems to have known about this for 2 years now, can't play that innocence game. Though I still think there should always be an appeal option
Actually if you listen to the possibly illegally made recording that the developer posts on his blog, he totally tries to play the innocence game. He says that its not his account as if to say that he's not to blame for anything from that account. The Apple guy points out that the two have the same bank account and test devices so they are linked.
As for an appeal option, that's basically what Apple is offering this guy. If he's willing to publicly admit that an account that wasn't his main account but was run by someone else was up to nonsense and he's working with Apple to remove THAT account, they will consider restoring the main one. The caller in the recording even offers to take a draft of the blog post to Phil to see help create something sufficient. That's essentially an appeal.
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If the developer did nothing wrong and was being honest then explain to Apple and get the app reinstated. Those would have been the proper steps.
the catch is the terms. When you set up an account and you take financial responsibility for it, you take all responsibility for it. It doesn't matter that I gave you the password etc so you could do your thing, its still my account in terms of legal responsibility cause I'm paying for it. So if you get up to mischief, that's on me. I should be paying attention to what I'm paying for.
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I am not a lawyer - but can this become a first amendment case?
Nope. First Amendment is about the government, not private companies. And fraud has been proven time and time to not be covered under 1st Amendment.