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

[linh]

While I'm not sure what else our General Counsel finds objectionable
(they also had a tiff with Google's similar legal verbiage when we implemented Google Apps),
I do found that section, in conjunction with section 15.2, to give
Apple full permission of our ideas and even technical implementation
as they see fit,

15.2	Consent to Collection and Use of Non-Personal Data.
You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to 
information about Your Applications, computer, system software, other software and peripherals, that is gathered periodically to 
facilitate the provision of software updates and other services to You (if any) related to the Apple Software, and to verify 
compliance with the terms of this Agreement. Apple may use this information, as long as it is in a form that does not personally 
identify You, to improve the Apple Software, our products or to provide services or technologies to You and our customers.

- l -


On 11/17/10 7:50 PM, David Ormsbee wrote:
> 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 <mailto: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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