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

[Justin Anderson]

That's for collection of crash logs and usage statistics. No mention of copyrights, trademarks, patents, algorithms, or any other intellectual property keywords. You can interpret "including but not limited to" to imply that Apple is free to expand this clause to include IP, but I personally wouldn't be worried about that. Apple and Google both reserve the right to modify their agreements after you've signed, so if they truly want to steal your IP, they can just modify the agreement to explicitly state so in a more legally defensible way.

Going open source definitely simplifies these agreements.

Justin

On Nov 17, 2010, at 11:34 PM, linh linh at usc.edu wrote:

> 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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>> 
>> 
>> 
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