[I-mobile-u] question involving mobile deployment in Apple apps store (and Android)

[David Ormsbee]

Hi Linh,

I am not a lawyer, so please take this all with a grain of salt

That clause doesn't seem to be doing that much to me. It says that nothing
in the agreement will *impair* Apple's right to... etc. But doesn't Apple
(and anyone else for that matter) already have those rights anyway? Barring
software patents on specific functionality, anyone can make similar
competing applications. It's often considered bad form when the OS vendors
themselves do it, but it's nothing new that comes with the App Store
agreement -- iTunes and Dashboard come to mind. You could also argue that
the iBooks shelf view was lifted from Delicious Library, though the
books-on-bookshelf thing seems natural enough to be independent.

Dave


On Wed, Nov 17, 2010 at 10:04 PM, linh <linh at usc.edu> wrote:

> Andrew,
> Thanks for the valuable insights.
>
> I do found section 15.5 to be troublesome:
>
> 15.5 Independent Development.
> Nothing in this Agreement will impair Apple's right to develop, acquire,
> license, market, promote,
> or distribute products or technologies that perform the same or similar
> functions as, or otherwise
> compete with, Applications, Licensed Applications or any other products or
> technologies that
> You may develop, produce, market, or distribute.
>
> If I read it correctly, your ideas could become part of Apple product(s)
> without due recourse.
>
> - linh -
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> I-mobile-u at mit.edu
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