RSSApple accedes to developer demands by issuing new iPhone NDA
By Jacqueline Emigh | Published October 24, 2008, 1:03 PM
Apple this week issued a new, two-part NDA to take the place of an initial agreement abandoned after iPhone developers barraged the Internet with messages signaling their discontent, sometimes using colorful language.
Acknowledging that the first non-disclosure agreement had turned out to be "burdensome" for developers, Apple announced about three weeks ago that it would drop the old document in favor of a new one, while also telling developers to keep complying with the old one in the interim.
Although one of the new NDA agreements is publicly posted, the other one can still be accessed only by registered iPhone developers who log in to Apple's iPhone Dev Center.
As many developers had hoped, the new NDA seems to restrict what is regarded as "confidential information" mostly to beta and other pre-release software, thereby clearing the way for them to talk with each other about iPhone development, write books, and maybe even accept new employment where they can draw upon their iPhone skills.
"I haven't gotten this many job offers in a while," admitted one iPhone developer -- on a dedicated message board set up by Second Gear -- after Apple announced that the old NDA was becoming extinct.
However, according to the part of the new NDA which is publicly posted, information about Apple Events and Paid Content will continue to be considered "confidential information."
Wanting to be able to put their iPhone experiences to better advantage, developers had been peppering Apple, Internet message boards, and Twitter with their views.
As previously reported in BetaNews, under the old NDA, developers had trouble figuring out ways to meet -- to compare code samples and talk about ways of getting their software into the App Store, for example -- without violating their deals with Apple.
Lots of iPhone developers were clearly thrilled back then to learn that the NDA is history. "Let us have a moment's silence for the phrase 'F------ NDA.' For it has passed on but it will never be forgotten by Twitter users," wrote one developer (in part).
Here are the revised confidentiality clauses from the new Apple iPhone developers' NDA:
4. Confidentiality. You agree that any Apple pre-release software (including related documentation and materials) and any information disclosed by Apple to you in connection with Apple Events or Paid Content (defined below) will be considered and referred to as "Apple Confidential Information". Notwithstanding the foregoing, Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of yours, (ii) information that is generally made available to the public by Apple, (iii) information that is independently developed by you without the use of any Apple Confidential Information, (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (v) any third party software and/or documentation provided to you by Apple and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.
5. Nondisclosure and Nonuse of Apple Confidential Information. Unless otherwise expressly agreed or permitted in writing by Apple, you agree not to disclose, publish, or disseminate any Apple Confidential Information to anyone other than to other Registered iPhone Developers who are employees and contractors working for the same entity as you and then only to the extent that Apple does not otherwise prohibit such disclosure. Except for your authorized purposes as a Registered iPhone Developer or as otherwise expressly agreed or permitted by Apple in writing, you agree not to use Apple Confidential Information in any way, including, without limitation, for your own or any third party's benefit without the prior written approval of an authorized representative of Apple in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Apple Confidential Information. You acknowledge that unauthorized disclosure or use of Apple Confidential Information could cause irreparable harm and significant injury to Apple that may be difficult to ascertain. Accordingly, you agree that Apple will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies it may have.
