• Home
  • About
  • Blog
  • News
  • Events
  • Media
  • Video
  • Glossary
  • Contact
  • Download
  • RSS

EFF unearths an iPhone Developer Program License Agreement

March 28th, 2010  |  by Jennifer  |  Published in Future of the Internet, Generativity, iphone  |  3 Comments

Recently, the Electronic Freedom Foundation posted the previously secret iPhone Developer Program License Agreement – a contract that apparently all iPhone app developers are required to click-sign before using Apple’s iPhone Software Development Kit.  Though a provision of the Agreement prohibits disclosure of its contents, EFF gained access by requesting it under the Freedom of Information Act, which mandates disclosure of government documents in order to promote open government, when NASA published an iPhone app.  Federal law trumped Apple’s restriction and NASA turned over the Agreement.  Key provisions include (at least as of the time of the released contract) (via EFF):

  • Developers are banned from making public statements about the terms of the Agreement.
  • Apps developed with the SDK can only be publicly distributed through the App Store and at Apple’s discretion.
  • Reverse engineering (including what is considered fair use under copyright law) is prohibited.
  • Developers cannot create an application or program that would interfere with any Apple product, not just the iPhone.
  • Apple’s liability to a developer is limited to $50.
  • Apple can revoke/kill an App at any time.

Google’s Android Software Development Kit License Agreement is very different from its iPhone counterpart.  Not only is there no ban on public statements, but the Agreement is itself publicly available online.  In addition, as we knew, developers don’t have to distribute apps through the Android Market or get Google’s pre-approval if they do (though Google can remove an app if it’s a security risk or violates the Agreement).  If developers don’t use the Market, Google doesn’t take a cut of the profits.

These differences can significantly affect development of the smartphone ecosystem.  On one hand there is the iPhone walled garden, aesthetic and secure but limited; on the other is the wide world of Android, with great potential for variety but also unknown risks, where rules exist, but enforcement is responsive, not preemptive.

Both models may end up coexisting, each phone attracting its own set of users.  Those choosing Android would be willing potentially to sacrifice some security – or take some responsibility for ensuring that what they install on their phone is safe – for novel functions and greater utility, not to mention the cutting-edge cool apps.  iPhone users would opt for a carefully curated set of verified apps at the expense of the most innovative, and riskiest, apps.  Apps that are both useful and safe may transition between platforms, established on Android and subsequently accepted on a case-by-case basis for the iPhone.  Apple may use Android as a testing ground to prove the security of apps that violate iPhone’s strict guidelines but are useful enough to warrant an exception.

Conversely, one of the models may be adopted entirely, the other fading from prominence into history.  For Android to prevail, developers must continue to grow the Market and users judge innovation worth the security risks.  Google itself can maximize this tradeoff by encouraging good apps and vigilantly removing dangerous ones.  But it also requires developers and users to take some responsibility.  Developers by self-policing can prevent the Market from turning into a minefield for users, both by designing secure apps themselves and using the developer community forums to maintain standards across developers within the Market.  Users will have to think before they download and provide feedback to the Market should something go wrong (or right) that can be incorporated into the decisions of other users.  In this scenario, Android would supersede the iPhone much as the Internet replaced AOL and CompuServe.

Alternatively, the iPhone may poach Android to extinction by pilfering all the best apps that Android has tested, leaving only the harmful or useless apps in Android’s exclusive domain.  Or one of JZ’s concerns may materialize – the government may realize the potential for easy control and mandate tethering or users may prefer security to generativity and choose to be penned and shepherded by Apple.

It will be interesting to see how all the players – Apple, Google, developers, users, governments, and watchdogs – influence which story prevails.  Right now, the divergence between the paths forged by Apple and Google is broad.  Will the future follow one or strike out down some middle ground?

–by Jennifer Halbleib

Responses

Feed
  1. turn.self.off says:

    March 28th, 2010 at 12:21 pm (#)

    sad thing is that being outside of the market may well result in obscurity. Already devices based on android, but not provided with google apps or market access have a hard time vs ipod touch (the non-phone offshot of iphone).

    also, while android is spreading, iphone and its app store is the incumbent, and will probably be hard to dethrone in the short term.

  2. Andrew says:

    March 31st, 2010 at 6:11 pm (#)

    The “walled garden” model has already proven to be greatly successful here. The iphone has more applications, more developers, and more third-party applications installed per phone than any other smartphone.

    You can even see similar trends happening on the internet. Centralized sites are beginning to regain share over distribution. Facebook is essentially AOL/Compuserve 3.0. Twitter is like mailing lists or discussion boards, but all in one place. These sites are popular because they do a reasonably good job keeping users away from dangerous/spammy parts of the internet.

  3. STLR Link Roundup – April 2, 2010 says:

    April 2nd, 2010 at 8:06 am (#)

    [...] Zittrain’s The Future of the Internet and How to Stop It comments on the iPhone developer license agreement, disclosed through a Freedom of Information Act [...]

Blog

  • The Future of the Internet: Five Years Later
  • In 2008, The Future of the Internet called attention to a “sea change” in the way consumer devices interact with the Internet. “The future is not one of generative PCs attached to a generative network,” the book warns; “it is instead one of sterile appliances tethered to a network of control.” In response to the security threats posed by malicious third-party code, increasing numbers of users will likely gravitate towards gadgets “tethered” by continuous communication between product and vendor. And this proliferation of tethered computing—the “appliancization” of PCs—will deal a serious blow to the principles of generativity and free expression that drove the early Internet.

    Since the publication of The Future of the Internet, the ethos of strict appliancization has taken a new turn. In 2011, Professor Zittrain wrote an update on the book’s message: “at the time of the book’s drafting, the alternatives seemed stark: the “sterile” iPhone that ran only Apple’s software on the one hand, and the chaotic PC that ran anything ending in .exe on the other. The iPhone’s openness to outside code beginning in ’08 changed all that. It became what I call “contingently generative” — it runs outside code after approval (and then until it doesn’t).” This trend towards contingently generative models continues into the present day, and represents a shift similar in many respects to the one The Future of the Internet predicted.

    Jon Brodkin and Peter Bright’s Ars Technica op-ed on the Microsoft Metro app store offers some valuable commentary on a big development in this “sea change.” The article recognizes that “Microsoft is imitating Apple in one very bad way, by limiting the distribution of Metro applications to a Microsoft-controlled app store… by bringing Windows to tablets, Microsoft could strike a blow for openness in a market dominated by a closed system. Instead, Microsoft is bringing the same restrictions found on iPads to both Windows tablets and PCs.” As forecasted by The Future of the Internet, devices that only run approved code are gaining popularity. Metro, the curated user interface that has found its way onto Microsoft’s tablets and PCs (in the case of the PCs, alongside a fully-functional desktop mode capable of side-loading non-Windows Store applications), won’t run applications from outside the Windows Store. Moreover, the apps available through the Store are subject to a bevy of restrictions on content. With these restrictions on installable applications come the restrictions on generativity that The Future of the Internet anticipated: “lock down the device, and network censorship and control can be extraordinarily reinforced.” And, as the Ars Technica piece observes, the Windows Store’s rules would exclude critically-acclaimed content like the video game Elder Scrolls: Skyrim, simply for its PEGI 18/ESRB M rating. It isn’t hard to extrapolate, as Brodkin and Bright do, that these rules could give rise to debacles similar to Apple’s (repealed) ban of a satire app developed by a Pulitzer Prize winner.

    Though the Windows Store’s restrictions resemble Apple’s policies in many ways, there is a crucial difference: Metro-running Windows 8 products are designed as PC replacements, rather than sui generis devices like the iPad. And since Windows desktops have long been preferred gaming platforms, the theoretical exclusion of content like Skyrim from the Windows Store makes Windows 8’s emphasis on the Metro interface particularly jarring.

    With Metro, Microsoft has made a decisive move towards contingent generativity. Brodkin and Bright note that “there are security benefits to a closed app store model, particularly for less tech-savvy users who may not understand all the dangers on the Web. There are also, arguably, convenience benefits; end-users can be reasonably confident that the apps they download will work correctly and be at least marginally useful…But while these security and convenience benefits might be enough to justify the existence of a curated app store, they don’t justify the decision to make that store the only option for all users. Informed users should be allowed to install applications from wherever they want.” Brodkin and Bright prefer a system like Gatekeeper, a fixture in newer versions of Apple’s OS X, from Mountain Lion forward. Gatekeeper gives users the choice to restrict their operating system to App Store apps and outside apps that have been signed with Apple-issued Developer IDs, or open up the device to all programs, whether or not they’ve been vetted by Apple. The “Future of the Internet” Blog is fairly enthusiastic about Gatekeeper: about a year ago, a post here suggested that “the middle ground of allowing non-App Store signed code may represent the best of both worlds.” But we were quick to warn that Gatekeeper strikes a tenuous balance: “one small tweak — lose that Control-click for sideloading — and OS X could fully merge with iOS, both in functionality and in security methods.” Metro’s riff on content control could be just that sort of tweak—especially given recent speculation that Microsoft may dump desktop mode in Windows 9, leaving only Metro.

    Moreover, a contingently generative business model like the Windows Store’s carries some ethical implications that, while not damning, are certainly worth examining. Distribution systems like the Windows Store, Apple’s App Store, and the Android Market receive 30% of the sales revenue from applications sold in their stores (in the Windows Store, this cut drops to 20% after an app reaches $25,000 USD in revenue). Further restrictions on side-loading in new operating systems would drive a great deal of business towards big companies’ proprietary marketplaces—and with that traffic would come big payouts. With the uptick in store traffic that tighter gatekeeping would engender, it’s easy to imagine the equilibrium of Mac’s OS X Gatekeeper being forsaken for more restrictive, and more lucrative, operating systems. To analogize, a la The Future of the Internet: when the company that makes your computer requires you to install programs through their official store, it isn’t so different from the company that makes your toaster forcing you to buy from their bakery—and taking a cut out of every bread purchase you make.

    Even though Windows 8 PC users can still make use of a fully-functioning desktop operating system, Microsoft’s failure to include a side-loading option for the heavily-emphasized Metro interface—particularly in devices marketed as PC replacements—is a step in the wrong direction. It’s also an indication that the seas are changing in the way The Future of the Internet predicted. Given that Android’s more open approach to outside applications[1] still leaves the Android Market increasingly economically viable, Ars Technica is right to voice its disappointment in xenophobic operating systems like iOS and Metro.

    - Ben Sobel, Kendra Albert, and JZ

    [1] Though the Google Play approach to openness is far from perfect! Ad-Blocking apps were recently pulled from the Play Store, in a move that will come to illustrate just how viable it is to distribute a side-loaded Android app without any help from the Play Store.

  • Rock star RA wanted
  • I’m seeking a full-time one-year rock star research associate to engage with a variety of projects and classes, with a broad opportunity to immerse in cyberlaw and Internet topics.   Blurb below, with more information on how to apply at <http://cyber.law.harvard.edu/getinvolved/jzra>.  …JZ

    –

    Professor Jonathan Zittrain of Harvard Law School, the Harvard Kennedy School of Government, the Harvard School of Engineering and Applied Sciences, and the Berkman Center for Internet & Society, seeks a full-time research associate in Cambridge, MA for a period of one year, beginning no sooner than June 1, 2013.

    This position requires the ability to absorb large amounts of written and other media materials from various sources (including but not restricted to: original sources, scholarly articles, news articles/blogs, interviews, databases) in a short amount of time, critically analyze that material and render it forward. This could take the form of prep materials for panels, conferences and presentations; article outlines; fact checking materials; original article or paper drafts; slide decks or other digested forms. The research assistant should be prepared to help prepare materials for class sessions and syllabi, lead discussions and work with project managers to accomplish research-related goals.

    Research is often self-directed with little outside guidance beyond broad outlines and themes (though occasional targeted research assignment for a specific fact or image can be expected, and feedback is provided), so the ability to quickly critically appraise sources and identify interesting, relevant and original paths is essential. Wide-ranging interests and the ability to work on almost any issue or topic that arises is a plus, as is an ability to ramp up quickly on unfamiliar fields or topic areas. Excellent writing and editorial skills with an attention to detail are also required.

    This job is an ideal opportunity for those interested in future graduate school or law school studies, whether currently admitted or still applying to such programs.

    Over the course of the year, a motivated individual will sharpen and focus his or her research agenda and make valuable contributions (in his or her own name) to the field of cyberlaw and beyond, while being exposed to interesting thinkers in academia, industry, and government. A research associate in this position will work very closely with Professor Jonathan Zittrain and his team, assisting in a variety of research areas, e.g. ubiquitous human computing, mesh networking, and cybersecurity, as well as on topics around access to knowledge and open scholarly publishing under the auspices of the Harvard Law School Library.

    The position will not start before June 1, 2013.  As with all Berkman staff positions, this is a term position, ending June 30, 2014.

  • F-T: Don’t sue over tweets
  • I just published a short piece in the F-T in the wake of legal threats against users who tweeted or retweeted a link to a BBC report of child abuse that turned out to be wrong.  Here’s the full text –

    Those who didn’t see the false child abuse accusations against Lord Alistair McAlpine on an ill-considered BBC documentary may have instead heard about them through social media. This week, London’s Metropolitan Police suggested they might file charges against those Twitter users who sullied the reputation of the retired Conservative politician by knowingly repeating the lie that he was a child abuser. But the police may be less fearsome to the average BBC-linking tweeter than Lord McAlpine himself. Read more »

  • Taking More than Candy from a Baby
  • Update – 10/17/2012: The parties involved in the lawsuit – Speak for Yourself and SCS/PRC reached a settlement, allowing the app to remain in the Android and iOS app stores. More at the Nieder family blog.

    Original Post:

    Generativity hasn’t had a poster child — until now.

    Meet Maya, a four-year-old child who could lose her ability to speak with the elimination of an app from the iOS App Store.

    As detailed in the Nieder family’s original blog post on the subject, Maya uses Speak for Yourself (SfY), an iPad app that serves as an “augmentative and alternative communication” (AAC) device. Before finding SfY, Maya had tried multiple AAC devices, but hadn’t found one that worked for her. Read more »

  • “Unabomber manifesto tied to tech news headlines”
  • When you see the headline “Powerful ‘Flame’ cyberweapon tied to popular Angry Birds game,” does it cause you to think that there is actually some connnection between the recently discovered malware Flame and Angry Birds? That would be entirely reasonable, but wrong. Read more »

About Jonathan Zittrain

jonathan zittrain

Jonathan Zittrain is Professor of Law at Harvard Law School and co-founder of the Berkman Center for Internet and Society at Harvard Law School

RSS Tweets from Z

  • An error has occurred, which probably means the feed is down. Try again later.

Blog Archives



Creative Commons BY-NC-SA Jonathan Zittrain unless otherwise noted.
Powered by WordPress using Gridline Lite.