GDC: Apple " do evil " freedom of IPhone development staff suffers be restricted
Time:
3/20/2010 12:44:00 PM
IPhone developer of the apple plans to permit an agreement to ask IPhone develops the content of agreement of personnel absolute acceptance, when foundation of this week electron forward position (Electronic Frontier Foundation, when EFF) suffers attack, the agreement that authority of an Internet dimension publicizes a group to make public pair of apples undertook critically. EFF thinks this agreement of the apple is " very one-sided " contract, malic company is " be full of envious heart and peremptoriness " feudal advocate, he protects the interest of oneself by right of the treaty of imparity, good let oneself the remain invincible in competing, consider the avoid harm to developer none. Malic IPad is about to release, american copyright bureau also will is opposite " escape from prison " lawful sex make a court decision, urge development staff to raise better requirement to the apple, malic user also supports these demands. The contract of Dan Ping fruit has a few really not common, can saying is needless limitation, if prohibit developing personnel to discuss contract provision in forum, EFF also must admit the agreement is mixed too one-sidedly extreme. IPhone developer faces more risks accordingly, because be opposite for them, lost the right of partial free speech. On the game developer plenary meeting that holds in san Francisco, the lawyer Mark Methenitis of Vernon attorney office discussed IPhone developer to permit an agreement, the IPhone developer agreement that already registered, reach document of relevant a few law, surprising is the treaty that all IPhone developed personnel to accept this imparity, but through investigating discovery only few person read consultative article seriously entirely. Basis at that time the circumstance of raise one's hand of the developer on the conference, methenitis estimation has the person of 5% to express to had read malic agreement at least, but they still accepted an agreement finally. Methenitis admits the agreement is lean to one side, but he says to come up from law negotiating an agreement may be lawful, because consultative provision is done not have,exceed reasonable range besides. He points out, although malic company says the information that provides developer is confidential, but the information that developer provides malic company is not confidential however, this is a not quits clause apparently. The IPhone kingdom that Dan Ping makes if really is too mysterious, because have too much and potential user, too big to the appeal of developer, but this brought new burden to IPhone developer, they should abide by American law not only, if their program is released,arrive beyond the United States, still must observe rule of law of nations. Methenitis says, this means an IPhone application program that has sanitarian package, FDA may regard his as a kind of medical apparatus and instruments, if it wants to gather user information, the likelihood abides by the concealed private law that the European Union publishs even. Such law is implemented compulsively, for example, there are 3 Gu Ge to be in charge of high in Italy recently because be suspected of,violate privacy law and be convictioned. More troublesome is, great majority is used adding secret program is to suffer the United States to export limitation, for example, if your applied process can establish link of a SSL, say according to Methenitis, it should abide by export control law. Someone says to want not to issue the order Cuba only, iran and Korea are OK, but still a few confined special characters also cannot obtain these orders, be like special designation national list (Http://www.ustreas.gov/offices/enforcement/ofac/sdn/) . Methenitis emphasizes these is to not allow the law of oversight, if violated export control law, may bring about about 10000 dollars and / or the set term of imprisonment that is as long as 5 years, I think this is the fate that everybody does not consider to see. Another potential problem is: The clause of this agreement stipulates developer must pay a retaining fee for the apple. If the apple sues the applied order that developer issues,this is meant, developer must pay the lawyer of malic company fee, you must sell much program comes the lawyer charge of burden apple. Undeniable, major development staff did not notice they already faced dangerous situation personally, but although a lot of people knew, also meet ready goes taking a risk. Methenitis says " go up in certain level, if you want to issue an order in malic application shop, also mean you to must be gotten allowed to order about by them " .
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