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Why are so many people so bent on pointing out Apple's actions as legally defensible whenever anyone criticizes them. Of course they are.
a) They employ hundreds of very clever lawyers.
b) If it wasn't legitimate it would be challenged (sucessfully) in court and that would be the end of it.
So get over it: We're not a body well suited to discuss the legality of Apple's actions.
What we can discuss - and so many posters just choose to ignore that aspect - is whether we deem it morally (or strategically) right what they do. So please spare us with all those "they can do what they want, it's their system" mantras and realize that Apple and many other companies are abusing their power. If the law doesn't stop them doing it that doesn't mean that everything is good as it is.

Well a lot of us do not have a problem with what Apple is doing and believe it is an issue between the developers and apple and nobody else. Not me, not you, and certainly not the EFF.
 
Only if one of these parties is abusing its position in the market. Since there are many options for consumers and developers to do business with, there should be no problem.

If Apple would have had a legal monopoly (different from an economic monopoly!) things would be different. (which MS found out a few years ago)

The Euro commissioner who deals with these cases was a Dutch woman who recently got another post, though. I wonder if the new one is of the same caliber. I have my doubts, because Neelie Kroes is tough as nails.

Indeed :) She was the Dutch version of Margaret Thatcher :D
The succeeding commissioner is a Spanish one, Joaquín Almunia. As far as I know, he's been doing a good job, and he has even criticized a lot the economic policies taken in Spain by his own party, in power since 2004... so I think he will do a good job... but just in case... I'll send him an e-mail regarding this Apple's matter :p
 
Actually, people didn't know about how draconian it was until now and it's clear that Apple tried to keep this quiet by putting the gag clause. However, even if people knew, most are too lazy and weak to put moral principles ahead of comfort. As it stands, Apple owns you and it owns the developers. Once you buy it or try to develop for it, you have no rights and no alternatives. They control absolutely everything. This shouldn't be acceptable to anyone with some self-respect and desire for freedom.

Once again, the puritanical people-hater lurking behind every "morally upstanding" reformer. Take your "moral principles" and stick 'em where the sun don't shine.

As far as I can tell, the gigantic corporation called Google is engaging in a practice called "dumping" to lure more customers to its platform. Do you think they're doing it for charity? Why, no. But they have to pay Apple and other manufacturers for the search results they get from iPhones and Nokias and the rest that use Google for search. Any bets, will they pay the same amount to HTC? After all, they gave their OS away.

You apparently like the Google phone model. Fine. Let's have it out in competition. All the rest is a bunch of crap.
 
BTW: Just because something isn't illegal, doesn't mean it's right.

Apple having policies for it's app store, that develops may sign up for IF they wish to, is illegal now?

If it isn't, then what are you referring to?

Like I said, developers are making cash hand over fist. There isn't anything out of the ordinary in that agreement, anymore than there is in a car lease, a home mortgage, or even the limited warranty paperwork that comes with a computer you purchase.
 
I'm noticing it's only happening on Apple tech sites, as usual. They're a haven for bellyachers.

They've taken their cue from the Tea Parties, it seems. Don't bother working on, say, the lack of freedom in China, or the growing danger from Russian cybergangs, etc. No, pick on Apple, because it offends the hippies at the EFF.
 
Somebody fights for everybody's rights and all you have to say is "the EFF can stick it, who cares"?

You guys are just not getting what's really at stake here, and this this little AppStore is just one of the many fronts where the EFF and others are fighting for YOUR rights.

I'm a fan of the EFF. My comment was made in regards to this specific instance. I stand by it. The EFF should worry about saving us from things we have no control over, not agreements that are willingly entered into by developers. If you don't like it, don't sign it (and don't get a piece of the app store pie!). Welcome to life, where it isn't fair!
 
Except developers are signing up to it in droves. It's where the money is, and where developers want to be, and they're more than happy to stay.

How would you know? They're not allowed to say otherwise.

A good test for anyone who actually defends Apple's policies on this matter. Take this article and replace "Apple" with "Microsoft". Would you still find the policies so defensible?
 
You really got on a soapbox there without thinking.

A developer with any desire for freedom can do whatever they want: (1) not develop for Apple. (2) Develop for Apple while developing for other smart phones. (3) Develop exclusively for Apple.

Apple has made the bar very low for anyone to try their hand at creating apps, and that alone is freeing. In addition, Apple has a well-defined set of conditions. There's very little that is hazy.

Not true at all. The app store approval process is famously subject to the whims of Jobs, AT&T, and individual approvers.

It is comforting to me to know that the Apple approval process and iTunes store can (1) prevent Trojan applications from being written that may steal information from me, (2) provide a lower limit of quality apps, (3) prevent spying applications from being placed on my phone as is the the case of "open" phone platforms, (4) provide a one-stop shopping experience.

I am glad that is comforting to you. But you may want to rethink this:
(1) The Apple approval process *does not* prevent trojan applications from being written that may steal information from you
(2) The Apple approval process provides an *arbitrary* limit on app quality, and functionality. Meanwhile it explicitly prohibits you from buying high quality apps that Apple has decided not to allow.
(3) The Apple approval process *does not* prevent spying applications from being placed on your phone
(4) There is no reason that you could not have a one-stop shopping experience on the iPhone if Apple allowed competing app stores. Would you argue in support of a single app store for the Macintosh? If not, why is the argument for the iPhone any different?

While I don't echo the "competition is good" idea, because there are other choices, it is very apparent that developers and users are preferring the "Apple Way," over any others.

IMO the iPhone was an improvement over every other smartphone platform out there. But it *is not* the best it can be. Do you honestly think that nobody can write a better email client than the crappy version that's on the iPhone? We won't know, because Apple won't approve competing products. Do you believe that nobody can write a better browser than Safari? We won't know, because so far Apple hasn't allowed it. It's not far-fetched to see Apple offering well-heeled developers exclusive access to certain categories of iPhone applications for the right price. And of course if it happened, we wouldn't know about it. Because the developers locked out of those categories wouldn't be allowed to talk about it.

The iPhone is a neat idea, but there is certainly room or improvement. That we won't see. Because Apple won't allow it.
 
The EFF may think this is something unique to Apple or Apple going overboard, but that is far from the truth. Well more than half the NDAs I have say basically the same thing.
No, I didn't just break any NDAs, but even stating that could be considered a grey area.

I suspect that the EFF is aware of the general issue, and picks examples that will highlight the problem.
 
It's obvious that you are comfortable with a world where globally operating corporations have all the power and all the rights and you, their customers, only have the right to give them all their money for little in return.

Lemme run through that with you one more time. The "globally operating corportations" have "all the power," and yet we, the trodden-upon peons … have the absolute ability to determine their continued existence by choosing not to buy their products?

Yeah. Real power imbalance there, Sparky.

Obviously, you like to be controlled and have all the decisions made for you by some corporate executive.

Oh, I'm sorry. I mistook you for a thoughtful and intelligent person. My bad.
 
So who is really behind the screen...

... and who are those watching it?
 

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Your wallet, unfortunately, cannot say WHY it's voting against something. People need to complain, because Apple can't read minds.

Indeed. I sold my 3GS and my wife's 2G on eBay last month. I followed that up with an e-mail to Schiller and Jobs explaining exactly why.

And it's as simple as this - I won't support an ecosystem where a single company can dictate what applications I can or cannot run on computers that I own (mobile phones or otherwise).

So we are in the process of switching to Android phones. I will also encourage all my friends and people we know to dump iPhones and switch to Android or other open mobile platforms. My family alone spends about $3000/year on mobile electronics, so that's the money Apple will never see from me for as long as they continue with their rotten dictatorial policies.

The moment Apple attempts to exert the same level of control over their MacOS based products - I will be done with Apple for good.
 
How would you know? They're not allowed to say otherwise.

A good test for anyone who actually defends Apple's policies on this matter. Take this article and replace "Apple" with "Microsoft". Would you still find the policies so defensible?
If you also change "iPhone" to "XBox" you will find a very similar license. There is nothing outrageous about this license agreement. As with other agreements, if you don't like it then don't sign it.
 
If they didn't have anything to hide...

...then why the gag clause forbidding people to talk about it?!?!?

They want to be seen as the good guy, but they have to force people not to talk about the terms of their agreements with them? Why Apple? Why are you so concerned/afraid of people knowing the truth of how you do business with them?

It stinks to me, and is not the world I want to live in or support... I see very little in the trend of apple's actions that is ultimately good for consumers in the long run. Monopolies and monopolistic tactics aren't in consumer's best interests.
 
Somebody fights for everybody's rights and all you have to say is "the EFF can stick it, who cares"?

You guys are just not getting what's really at stake here, and this this little AppStore is just one of the many fronts where the EFF and others are fighting for YOUR rights.

It's obvious that you are comfortable with a world where globally operating corporations have all the power and all the rights and you, their customers, only have the right to give them all their money for little in return. Obviously, you like to be controlled and have all the decisions made for you by some corporate executive.

I do not want to live in such a world, and in this special case, I do not believe that Apple has the right to control "their" device. It's a product they sold. It's no longer "their" device. It belongs to the guy who bought it. And that - at the latest - is where Apple's rights end.

But the real problem here are not any EULAs for an AppStore. The real problem is that corporations always believe that they are above the very laws that they purchase to control their consumer cattle.

Especially IT companies have become a major threat to our Freedom: They control the technology that we use to communicate. And Apple is trying to also control WHAT we communicate.

Whether you want to hear it or not: This whole subject is as political as it gets, and you should be happy that there is an EFF who is scrutinizing what the industry is doing.

Thank you - you have articulated the issue at hand quite beatifully.

The computing world that Apple envisions us living in is quite chilling actually.. and it's the world where a handful of Apple execs exercise complete control over what we do with our computers (just mobile computers so far), how we use them, what applications we run on them, where we purchase our content from.. what content we are able to purchase. And what stops them from eventually extending this control to desktop products?

I am just stunned that more people don't seem to have a problem with this Stalinist world of computing that Apple envisions for them.. and they are willing to trade their freedoms for "safety from viruses", "better computing experience" or whatever other hogwash mantra Steve Jobs feeds them. Unbelievable.
 
I have no problem with Apple dictating their terms of services, but I don't believe it's fair to treat different companies different.

Treating different companies different is the rule not the exception. It's how business works.

I also don't think they should be able to sue for patents that should have never been granted in the first place, but that's a whole other topic.

How would that work exactly? Isn't suing the WAY to prove that patents should not have been granted in the first place?

Apple stiffles innovation just as much as they foster it.

I know asking for proof for this statement is too much, so I'll settle for your rationale. How exactly do they stifle innovation? How exactly could you stifle innovation if you wanted to, and how does Apple do these things?

Being very good and hence competitive forces other companies to innovate to compete. Protecting their intellectual property forces out infringing copy-cat only companies and forces other companies to innovate to compete. Raising expectiations for how things are supposed to "just work" forces other companies to innovate to compete.

I think you're really complaining that Apple makes the game too hard for just anybody to participate. This means that tech isn't commoditized, there is no race to the bottom for price, and we can't buy laptops for $300 like what is happening with Windows computers.
 
The computing world that Apple envisions us living in is quite chilling actually.. and it's the world where a handful of Apple execs exercise complete control over what we do with our APPLE computers (just mobile computers so far), how we use them, what applications we run on them, where we purchase our content from.. what content we are able to purchase. And what stops them from eventually extending this control to desktop products?

Fixed your post for you. Otherwise it didn't really make sense.
 
...then why the gag clause forbidding people to talk about it?!?!?

Because it is an agreement between two parties and does not involve anyone else. There is no benefit to Apple to have to explain or rebut ignorant comments on something nobody else has any vested interest in. That is the point.

These kind of agreements are regularly kept quiet. It is in the best interest of everyone involved.

Why do you not demand that Wal-Mart release its contract details with Pepsi Cola?
 
How would you know? They're not allowed to say otherwise.

A good test for anyone who actually defends Apple's policies on this matter. Take this article and replace "Apple" with "Microsoft". Would you still find the policies so defensible?

Yes. Because Some of us actually have experience negotiating real business contracts between companies.

There is literally no issue here, and thus why it makes EFF look bad. They are wasting resources of their supporters on something that is not an issue and has nothing to do with what they are set up to defend/support.
 
Thank you - you have articulated the issue at hand quite beatifully.

The computing world that Apple envisions us living in is quite chilling actually.. and it's the world where a handful of Apple execs exercise complete control over what we do with our computers (just mobile computers so far), how we use them, what applications we run on them, where we purchase our content from.. what content we are able to purchase. And what stops them from eventually extending this control to desktop products?

I am just stunned that more people don't seem to have a problem with this Stalinist world of computing that Apple envisions for them.. and they are willing to trade their freedoms for "safety from viruses", "better computing experience" or whatever other hogwash mantra Steve Jobs feeds them. Unbelievable.

There are some problems with your analogy. For one, if you lived in Russia, and you disagreed with Stalin, he would have you killed or sent to Siberia.

In this case, if you disagree with the Apple overlords' plans, you can simply buy from a competing company.

It's really that simple.

How about this for an analogy: computing with Apple is like going to Disney World. When you are there you are subject to their rules. If a vendor wants to sell you something while you are there, they have to abide by Disney's rules. If you don't like the rules, you don't have to go.

For the millions of people that visit, this seems like a tolerable arrangement. Happiest place on earth and what not. No one accuses Disney of Stalinist tendancies.

As long as Apple doesn't keep you from computing the way you want to, which you can with any Windows/Linux/ alt OS out there, then how can you complain?

I am a grown adult who is not naive to how Apple does things. Guess what: I like it this way and am willing to give them my money. If enough people agree with me, why would YOU or the EFF care so much? Why do you care how I spend my money?

You want Apple to behave a certain way, but don't. Why should they again?
 
At the end of the day, Apple can run this "show" any way they like, but it's much like holding a pile of sand in one's hands. The tighter they squeeze, the more sand just leaks out between their fingers. The sand that spilled would be the jailbreaking community.

Now I keep envisioning Governor Tarkin from Star Wars. Maybe Steve Jobs is the Emperor.

The more you tighten your grip, Tarkin, the more star systems will slip through your fingers.
 
Because it is an agreement between two parties and does not involve anyone else. There is no benefit to Apple to have to explain or rebut ignorant comments on something nobody else has any vested interest in. That is the point.

These kind of agreements are regularly kept quiet. It is in the best interest of everyone involved.

Why do you not demand that Wal-Mart release its contract details with Pepsi Cola?

Yes. Because Some of us actually have experience negotiating real business contracts between companies.

There is literally no issue here, and thus why it makes EFF look bad. They are wasting resources of their supporters on something that is not an issue and has nothing to do with what they are set up to defend/support.

Aaaand we have a pair of winners! Having signed contracts before and knowing people who have signed more complex and more heavier contracts, its standard procedure to have non disclosure agreements in business transactions. If there is money involved (like a developer distribution agreement) the details of such agreements are almost never disclosed. If you reject the contract, you don’t get to take it home with you to publish on the internet. The drawn up contract is the property of the person/company who wrote it initially. As such, they get to control the details of it.

Sure contracts have exceptions, such as blatantly illegal clauses. However contracts that are of limited negotiation value (take it or leave it), heavily biased to one party (like the owner - Apple), and contain privacy clauses (NDA’s) are perfectly legal and violate no laws. Of you do not wish to partake in such a contract, you are welcome to move on to someone else.

If you have any respect for contract law, or have any understanding how formal business agreements work, none of the above should come to any surprise to anyone. This to me is non-news. We all knew that the developer contract was going to be restrictive, one sided, and secretive. Looks like we are right.
 
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