RSSSpurned iPhone developer's complaints mysteriously disappear
by Jacqueline Emigh
Alex Sokirynsky, one of many application developers rejected by Apple's App Store, has admitted to deep-sixing his own blog post. Could Apple be using NDA clauses as a tool for silencing disenchanted developers?
In the latest twist on a series of application rejections by Apple's App Store, Alex Sokirynsky -- one of at least four impacted developers -- has pulled a blog post in which he'd vented about Apple's ongoing interference and vowed to move his Podcaster application to Google's Android Marketplace.
"It seems that Apple has shut me down. I can no longer provision any more devices. The developers website that had a 'remove device' link is now gone. I looked at the help tab but it still lists 'removing a device' as one of the options," according to the developer.
"All I wanted was for someone from Apple to contact me and tell me how we can work it out so that I get into the app store. Instead, Apple took the [coward's] way out by simply disabling features in my developers portal. This seems like a childish move for a company that has been proving such high quality service and products in the past," he wrote on Monday.
"I plan to make Podcaster for the Android operating system. At least there, I will be welcomed instead of being walked all over. I will also try to port the app to a jailbroken iPhone."
Yet some time between Tuesday morning and Wednesday morning, the post on Sokirynsky's Almerica Blog -- entitled "Apple shuts down Podcaster, again!" -- mysteriously disappeared (although at this writing, it is still stored in Google's cache).
In an e-mail response to BetaNews on Wednesday morning, Sokirynski acknowledged removing the entry himself. He wouldn't stipulate his reasons, though, exactly.
"I took the blog post down myself. There is something going on that I
cannot talk about, yet. Maybe in a few weeks," the developer told BetaNews.
Coincidentally or not, on Tuesday afternoon, MacRumors published an article stating, "Apparently, Apple has now started labeling their rejection letters with Non-Disclosure (NDA) warnings: THE INFORMATION IN THIS [MESSAGE] IS UNDER NON-DISCLOSURE."
Arnold Kim, the author of the MacRumors piece, also pointed out: "Readers should note that Apple's developer correspondence may have already been covered by the original NDA, but Apple is now making it clear."
Like Angelo DiNardi's MailWrangler application soon afterward, Sokirynsky's Podcaster got turned down by Apple in mid-September in grounds that the application "duplicates functionality" already built into the iPhone platform. Apple has also squelched at least two apps from other developers -- the "Murderdrome" comic book and a fart joke application dubbed "Pull My Finger" -- on other grounds.
In light of all of these rejections, Apple has been drawing increasing criticism from its own community about failing to apply greater consistency around which applications are accepted for the App Store. If Apple is indeed using an NDA clause to hush up spurned developers, would such a move be legally enforceable? That could be likely, according to one legal expert.
"What I've seen frequently happen is such circumstances is that a company and vendor will generally sign an NDA first, and then a separate contract depicting the terms and conditions of services/products, etc.," said veteran technology law analyst (and former publisher of PDA & Wireless World) Richard Santalesa in an e-mail to BetaNews today. "I can readily see a clause placing NDA obligations on someone about contract termination issues outside of a litigation circumstance. Such a clause would be typically legal, outside some specific scenarios."
52 Comments
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Wonder if it will get worse or better when Jobs is gone?
Apples transformation to the Darkside is almost complete.
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What many of you don't seem to understand is that three of the applications that have been removed (Pull My Finger, MailWrangler, and Podcaster) followed the terms and conditions as set out by Apple. They were not in breach of any "rules". They didn't make use of Apple's private frameworks.
Pull My Finger was nixxed because it was deemed to be "of limited functionality for the community". Is Pull My Finger any less useful than say, the many flashlight apps? It's a subjective statement - who are they to decide what's useful and what's not? There is no such stipulation (or was not, when I last read the terms) that states that applications submitted to the app store must have a minimum level of usefulness to the community. The customers themselves will tell a developer if their app is useful or not by the number of purchases/downloads it receieves.
In the cases of MailWrangler and Podcaster, the decision here is more troubling. There is absolutely nothing in the terms and conditions which state that your application cannot duplicate the functionality of Apple's software already on the device OR desktop, other than the obvious cases where such an application would have to make use of certain frameworks that are off limits.
This is NOT about restricting the download of files to the device - there are many applications which do this already. As long as the files are kept within the application's sandbox or the user's documents folder there is no issue with downloading files.
What this appears to be about is Apple's defence of its own software from potential competition. Apple's reason for rejecting MailWrangler was :
"Your application duplicates the functionality of the built-in iPhone application Mail without providing sufficient differentiation or added functionality, which will lead to user confusion." (text copied from gizmodo)
This is utter nonsense. Apple's Mail app supports Gmail, but not some of Gmail's functionality. MailWrangler allowed you to manage multiple Gmail accounts in a similar fashion to the Mail app and use all of the web functionality from its mobile interface, something which Mail couldn't. Mail comes with the device. MailWrangler had to be downloaded. Surely the people who download an application know why they're downloading it?
The reason for nixxing Podcaster is more insidious. It duplicated functionality from a DESKTOP application. One of Apple's development documents even has guidelines on porting a desktop app over to the iPhone/Touch. Podcaster was a surefire hit. Manage your podcasts on-the-go and get the latest casts when you're away from your desktop machine. Was the real reason for the app's rejection that Apple feared that people wouldn't use iTunes to manage podcasts? Did they even consider the revenue stream they'd have from sales of Podcaster?
It seems that while developers are encouraged to port desktop apps to the iPhone, they just can't touch Apple's desktop apps.
People have argued that there are many applications out there which do the same thing - tip calculator, Sudoku, task management etc - why haven't they been rejected? Competition amongst apps is fine, as long as you're not competing with Apple's apps. At last count there were over 50 poker games on the App Store, one of which was Apple's Texas Hold'em. There were poker apps on the store BEFORE Apple delivered their's. Hypocrisy?
I wonder what would happen if someone developed an app which improved on the iTunes Remote...
Many developers are concerned that the hours of development, design, and testing can be for nothing if Apple rejects their application at the 11th hour. I'm sure most developers (myself included) would be happy to play within the new rules if we knew what those rules were. We'd be even happier if we knew that the approval process was consistent and not subject to the whims of some anonymous Apple reviewer spinning the "Wheel of Rejection" in Cupertino.
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"who are they to decide what's useful and what's not?"
Uh.... They are Apple? Doesn't that sum it up?
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Then figure out what the new rules are and shutup.
You state your interpretation of the rules and say that Apple has no right to determine what they want - despite the underlying fact that the rules do give Apple the right to restrict whatever they want, for whatever reasons they want - be they acceptable to you or not.
The fact is, they don't have to make sense to you or me. But everyone knew this up from.
And anyone smart enough to know the rules as you claim, should be smart enough to know that in dealing with Apple you are dealing with a petulant control freak for a CEO and that such control has ALWAYS been a Steve Jobs' trait.
Despite the quality of some of their products, Apple remains a company run by a egomaniac who retains control over the domain.
The news?
Heck, the only news here is that so many pro and anti-Apple fanboys here who claim to know so much about Apple continue to prove by their surprise and ire and amazed reactions that they know very little about Apple at all!
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Thank you for sharing your well-articulated thoughts. Unsurprisingly you missed the point.
Care to enlighten us as to how we figure out the new rules BEFORE we spend weeks and months developing an application?
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Ahh... I see the Apple fanboys are in full dress and waving their flags.
Always nice to see such loyalty.
What I find most amusing however, is that they comment on how amusing it is to see people get upset by this...as they themselves work themselves into a tizzy about it all.
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always fuel on the fire with you. leave well enough alone, dont feed a troll, etc, etc...
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always fuel on the fire with you
The brighter and higher they burn, the better. ;)
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This is turning into a debacle and is not good PR.
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Really can not understand what all the fuss is about,any person that deals with these sort of BS companies knowing full well in advance how they operate deserve all they get ! Bit like people who move next to an airport then complain about the noise,just beyond stupid.
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This article is bogus, it first says "many application developers", then a few sentences later it says only "four" have been impacted. 4 !!!
This is a non-story... sure, around 10 developers might be a bit miffed over the next year, but there are 1,000's that make iPhone software that is useful and doesn't duplicate functionality of Apple own software.
Geesh!
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You would think these clowns would understand that but complaints are louder than praise.
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No, basically it means that many application developers have been prevented from publishing and that of those who have made it to publication, four have later had their applications withdrawn. Learn some English mate and get a brain.
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Preach on Scarecrow!
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I have dealt with Apple in different capacities since 1984, and this is what they are: arrogant; totally propreitary; and consistently overcharging their customers. How have so many people become Apple fans?? Is this a mass delusion?
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No, it's a mass awaking to high quality products produced by the greatest company on earth that happens to be led by the greatest CEO on earth.
Thank you for your understanding. Have a great day.
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You need help.
Thank you for your understanding. Have a great day.
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lol ... i second that.
by the way with such fans its so damn say for the merketing guys to build a peice of s*** and sell it without even leaving there desk :). God hope our company gets such fan boys
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Apple products are for losers.
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Apple seems to be putting a lot of effort in shooting themselves in the foot.
I've been reading a lot lately about Apple's nasty tactics and right now I'm not really sure what all of this means. But it's scary and eventually self destructive since people will only put up with such nonsense for so long.
One thing is forsure now Apple won't be able to speak when Microsoft does something since Apple actions are possibly worst.
I don't know.
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Out of more than a thousand apps they decide to not redistribute a handfull?
ooooooooooooooooooooooooooo! What to do!?
They are so heinous. And all because they choose to exercise exactly what their developer agreement specified and are thus not in breach of any agreement? Yup, they are simply terrible. Almost as bad as those other fools for taking down terrorist training videos, don't you think?
Such righteous indignation! Such pathos...
Get a life. And to think you could be illegally sharing MP3s and whining about those nasty owners who expect compensation.
And like you were going to buy an Apple product if it weren't for this incredible travesty...LOL!
Anyone becoming upset over this, one way or another, is simply part of the entertainment. is...
Here is where you can make your our fart noise and pretend you are experiencing what many iPhone folks can't.
I'd post it here were it not for BetaNews not repressing our rights to attach wav files.
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"One thing is forsure now Apple won't be able to speak when Microsoft does something since Apple actions are possibly worst."
Oh, sure. Apple's actions are terrible. They created a phone that's in great demand and offered developers the option to write software for the phone. They also created an SDK with very clear rules on what you could and couldn't do. They specifically said you couldn't download content directly to the phone.
A couple of whining developers chose to ignore Apple's rules, creating a huge potential security hole - and Apple didn't let them.
How is that evil? How does it compare to the crap that MS pulled using their monopoly power?
If you don't like Apple's rules, go develop software for Android or Windows Mobile. Or develop your own phone platform. If enough people agree, your platform might even be successful. As it is, though, the number of whiners who either can't read Apple's rules or think the rules apply to everyone else but not them is tiny.
And why do web site continue to spread this FUD?
Grow up.
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You may disagree with me, but what Apple is doing is completely wrong and it will catch up with them.
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No I don't think it's anything more than the inconsistency that's annoying me. By all means refuse an app if that's what you want to do, but for good reasons please. What's the point of refusing an app that duplicates one part of the iPhone, but allowing othr apps that duplicate other parts of the iPhone? Apple have the right to refuse whatever they want but if it appers to be for no good reasonable reason then people will raise queries.
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"You're wrong and I'm right" isn't much of an argument.
Apple laid out their rules in advance. Their rules are in place for security reasons. If you don't like the rules, there are plenty of other phones you can develop software for, so no one is forcing you to write iPhone software.
Just what is wrong about that?
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The fact that they allow some apps that duplicate part of the iPhone and not others indicates that they aren't rejecting apps just for that reason.
The reason being given for rejecting the apps (at least, the app written by the biggest whiner) is that Apple's rules forbid downloading anything directly to the iPhone. That rule has been in place from the start and it has obvious security advantages. So there IS a good reason why the apps were rejected.
I guess reporting that doesn't get as many hits as letting some whiner who either can't read the rules or thinks the rules don't apply to him shoot off his mouth.
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No no no. Sorry mate but ".....since Podcaster assists in the distribution of podcasts, it duplicates the functionality of the Podcast section of iTunes." That's exactly what's annoying me and your point of view is entirely misplaced.
I have to say that while I like my iPhone, I could very well be tempted to a G-Phone at some point down the line if Google's approach to their apps is more open the Apple's.
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Actually, if you would read the articles, you would see that some app devs worked really hard to follow the guidelines provided by apple, but their apps were still rejected.
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I love the asinine selective attention...
Yet he totally ignores Google's attempted grab for whitespace RF spectrum as they try to force wireless microphones and various devices off the free spaces as they desire to altruistically commercialize it.
I can't help but LMAO at the ire and pathos and rage of some over this nonsensical issue.
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Oh, so the basis of their gripe is "they worked really hard"?
LOL!
Waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa!
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I don't know how old you are but you really need to get a life. There's nobody who gets worked up quite so much as you (except maybe pc_tool sometimes). Don't you think that especially as you're so disparaging about the iPhone, that you've perhaps said more than enough already? You've had a good run for your money so why not give us all a break now hey?
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"Apple laid out their rules in advance. Their rules are in place for security reasons. If you don't like the rules, there are plenty of other phones you can develop software for, so no one is forcing you to write iPhone software."
You know what I love the most about democracy. Is that if I don't like some rules I don't have to leave to write for another phone and I don't have to lay down and take it. It's that I want to write software for their phones but do not agree with their rules. So I can stand up, complain, rally up others who agree with me even if just in part and have the rules changed.
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Its always fun to watch how the liberals act when they are not busy telling OTHERS how to act.
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In much the same way that it would be fun to watch how Apple would act if they weren't so busy dictating to others how to use their computer, media player, phone...
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Let me go slow genius...Apple - you know, the computer company with Steve Jobs as CEO and Al Gore on the Board...
Do we have to explain that prominent Liberals run the company and establish operating policy?
DUH!
Its hopeless here...
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Apparently slow is right up your alley, "Professor".
Gee... the CEO of that humble little Cupertino company is a control freak. Who knew?
No explanation necessary. That's why I said that it would[/b] be nice [b]if...
Never mind. Hopeless, indeed.
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Alex Sokirynsky is lucky he has yet to mysteriously disappear..
The last thing he needs is the Board of Apple to come down on him.. Al Gore will do a GW trick on his home town..
Betanews.. becareful with these news releases.. Apple will shut you down also..
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"Mysteriously", huh?
You mean because a few at BetaNews don't have an answer this is the biggest "mystery" of which they can post?
Such blissful idiots.
I can just see them huddled about their refrigerators trying to surprise the light inside... quick!...try it.....NOW!
LOL!
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f**s...
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Just to point out that if you feel strongly enough about this there is a petition at:
http://www.petitiononlin.../appstore/petition.html
Granted Apple doesnt have to do anything but at least as customers they cant issue us with an NDA and our voices will be heard.
If Apple ignores us we can always vote with our feet!
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I love it.
Someone JUST figuring that out! To think(there's an out of place word here!) you don't have to patronize that which you don't like. Wow, you sure like to live on the edge!
The joke? Why haven't you ALWAYS BEEN DOING THIS?????
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This type of behavior from Apple is simply appalling. I'm ashamed to see this coming from what I thought was a very reputable company.
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"...Could Apple be using NDA clauses as a tool for silencing disenchanted developers..."
Ya think..?
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Or how about just wackos who fail to follow the NDA they signed?
Funny how so many fail to pay attention to what they are doing, expecting what is only a fantasy of their own imagination. Its not like the terms were not specified. If they don't like it, why in hell do they sign the stuff. (Tool will tell you they are just konfuzd Windows users konfuzd by having choices...)
Pull my finger and find out.
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I would, but that app was pulled. ;)
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Better the app be pulled than foxyfyre's finger. :>
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Just another mystery of the universe.
Gee, and they wouldn't let me wear a gorilla suit to my high school graduation.
Do I get a bunch of dedicated threads as well, or will BetaNews suppress me as well?
And BetaNews doesn't even cover the Gorilla and the Banana who simply ran across the football field at their homecoming in Flower Mound (Dallas-Fort Worth) and subsequently spent 16 hours in jail for their heinous deed.
"Oh, Come see the the violence inherent in the system! Help! Help! I'm being repressed!"
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Your libelling post against Apple's flying bananas policy has been silently ignored under the charge of NDA infringement.
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what a f**
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eat me, big boy
...and all because we refused your advance...
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wtf and yes any day any time i can and will crack your whole body up in football son
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