So, it's been a week. The iPhone 3G was released, and the iPhone 2.0 software upgrade shipped. We can now all write applications that will run on what is undeniably a cool platform. You can even download the iPhone SDK for free.
We love Apple stuff. Andy and I both run Macs as our main machines (at last count, I have 8 Macs in my home). When the App Store was announced, we were keen to spread the word. We have a new book on iPhone software development. We have a brand new section in Bill Dudney's Core Animation book. And Mike Clark has a set of screencasts on how to write code for the little fella.
And we can't show you any of them.
Why? Because in order to get the iPhone SDK, you have to agree to the terms and conditions—you know, that standard box of legalese that you skip over before pressing I AGREE. Except, in this case, the legalese has some unfortunate consequences. For example, it says:
3. Confidentiality. As a Registered iPhone Developer, you may be receiving information from Apple. You agree that all information disclosed by Apple to you that relates to Apple's products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information, will be considered and referred to collectively as "Confidential Information." ..... You agree not to disclose, publish, or disseminate any Confidential Information to anyone other than to other Registered iPhone Developers who are employees and contractors working for the same entity as you and then only to the extent that Apple does not otherwise prohibit such disclosure in this Agreement. Except for your authorized purposes as a Registered iPhone Developer, you agree not to use Confidential Information in any way, including, without limitation, for your own or any third party's benefit without the prior written approval of an authorized representative of Apple in each instance.
Then, later on, it says
10. Use Of Apple Trademarks, Logos, etc. You agree to follow Apple's Guidelines For Using Apple Trademarks and Copyrights as published on Apple's website at www.apple.com/legal/guidelinesfor3rdparties.html and as may be modified from time to time. You agree not to use the marks "Apple," the Apple Logo, "iPhone," "iPod touch" or any other marks belonging or licensed to Apple in any way except as expressly authorized in writing by Apple in each instance.
So, to write a book about the iPhone SDK, you have to download it. In order to download it, you have to accept the agreement. And the agreement says that the download will contain confidential information that you can't pass on to third parties. That makes it hard to publish the book. And, if that wasn't enough, it also appears that you can't even use the word "iPhone" (for example, in a book title).
We'd hoped these restrictions would be lifted at the announcement of the 3G. They weren't. We'd hoped they'd be lifted when the 2.0 software shipped last week. They weren't. We'd heard rumors they'd be lifted on July 14th. They weren't. And, what's worse, we can't pin down anyone who'll tell us just what is going on.
We're not the only people in this particular boat. Manning, for example, has an iPhone development book. They've published the part on doing web-based iPhone development (using the iPhone as a browser), but they're having to hold back the SDK-related material.
So, here's where you can help. If you work for Apple, and have any ideas on who we can contact to find out what's going on, we'd really appreciate knowing. We'll keep your personal information confidential. Just drop me an e-mail at dave@pragprog.com.
Thanks
Dave
On the trademark front, you should have a nominative use defense. Looking strictly at trademarks, you already use some, such as "Ruby," "Rails," and most of the other technology names in your book titles, and these would be nominative uses. Admittedly, those examples don't get "extra" protection in an EULA, but that is not likely enforceable. Your lawyer should have some views on that one :)
Regarding the "confidential information" issue, good luck! I'm almost glad I was screwed over on getting the iPhone now, as I don't want one anymore. With the whole debacle, Apple has shattered my field of distortion at least, and I've realized I just can't trust them to maintain the walled garden properly.
Posted by: Peter Cooper | July 19, 2008 at 03:30 AM
AFAIK, the iPhone developers are in locked rooms and out of contact with the rest of Apple developers. The locked rooms part comes from Laurent, I just derived the "out of contact" part.
Posted by: Dr Nic | July 19, 2008 at 05:22 AM
The obvious solution is to call it "the phone which must not be named." Hope that helps!
Posted by: That Software Guy | July 19, 2008 at 07:48 AM
I ride the commuter shuttle down the peninsula with a guy who works in Apple legal. I'll see what he thinks about this.
Posted by: anonymous | July 19, 2008 at 11:28 AM
I've been looking at the Nokia N95/N96 (Symbian). Now an open platform as well; but what's really cool is I think (e.g., with Nokia N96) that a lot of times in the past you had to trade down on tech to get open source (they were behind). But the N96 looks like it blows the iPhone 3G out of the water. Probably way more expensive, but that's fine with me. $299 + chains for iPhone? No thanks.
Nevertheless, I love Pragmatic Programmers so I hope this blog post gets this stuff sorted out and your book is a success.
Posted by: DanF | July 19, 2008 at 12:02 PM
This is how platform lock-in works! Hey, I'm no Apple basher and I'm not really surprised at how the modern programming hipsters, such as the Ruby slingers, have flocked to the Mac platform, given that it is a good UI/Unix integration. But it's naive of Pragmatic to start a book-writing journey into a key Apple technology, thinking that it's just another friendly open-source technology (and community) like Rails, Java, or PHP, and then cry out for help when you find that the rules are different. It's Hansel and Gretel time now: you've found the house built of candy, and munched on it a little, but the witch is inside waiting for you.
Posted by: Pete | July 20, 2008 at 01:00 PM
Pete:
I'm not sure I see it as being naîve. We're simply trying to find out who we can contact for information.
In general, I'm surprised at the hostility exhibited in these response from folks who say they're for freedom. We work with open source, we work with commercial vendors—we try to provide information for all developers.
I've worked with open source software where the committer has gone AWOL, and I've posted these kinds of requests to mailing lists: "has anyone got contact information for Xyz?". I've never had non-open source people jump on those posts saying "see? that's what you get for using open source." But here I post a similar request asking for contact information inside a vendor, and suddenly a whole bunch of open source advocates seem to take delight in our problems.
Strange...
Posted by: Dave Thomas | July 20, 2008 at 07:15 PM
Easy now, guys. All it'll take for Apple's anal-retentive NDA to burst open in their fæces (pace the unappetizing metaphor) is for one competent programmer who hasn't signed Apple's SDK terms, yet somehow possesses the know-how -- you figure it out, and his/her hungry publisher to come our with one well-written UNAUTHORIZED iPhone development handbook-slash-instant bestseller. This, more than anything, would show the emptyheadedness of Apple's NDA policies. Indeed, mere threat of such an unaligned book appearing would make them fast reconsider current Everything Is N[A]DA clauses. Or, can you really conceive of a world in which this is in force indefinitely, and there never are any such books around?
Ergo, if you really believe in your work, find a well-removed frontman, Dave, and contend yourself for now with mere fortune; the fame will follow in due course in any case.....
Posted by: Ianf | July 21, 2008 at 08:54 AM
@Apple: We need this, in a big way. I've pored over the official documents and am still confused in some areas. I'm in 'the program' and am struggling to put together what I would believe to be a somewhat simple application.
Let PragProg teach us!
Posted by: Chris | July 21, 2008 at 11:13 AM
This just in: you may care to check how the competition APPARENTLY goes about it.
http://www.tuaw.com/2008/07/21/livechat-pwnage-and-beyond/
10:49 [Erica Sadun/TUAW] I have a book that will be released momentarily from Addison Wesley (iPhone Developer Cookbook)
10:51 [JB510] Erica, will your book be SDK only, or will it touch on Installer/Cydia?
10:51 [Erica] SDK only
Posted by: Ianf | July 21, 2008 at 01:06 PM
@Dave:
I really don't see how your analogy applies. Yes, you can't contact him, but you have the source code and you can talk openly about your problems. You have the ability to solve your own problem. It's annoying that you can't contact the developer, but nothing is stopping you from scratching your own itch. Unless you have a support contract with the developer, what's to complain about?
This sad story of a communication break down reminds me of, along with a Led Zep song, the fable of the man who helped a snake only to be bitten by it. "You knew I was a snake when you picked me up!"
Posted by: Kevin | July 21, 2008 at 01:34 PM
@Kevin:
The analogy isn't about source code—it's about the strangely vehement reaction. I ask a simple question: “Does anyone in Apple have a contact I could talk to” and some people take it as an excuse for a whole lot of holier-than-thou posturing. It isn't about open-vs-closed. I've been a contributor to open source since before it was called open source, I first used Linux at 99pl9, I had patches in Perl's DBI, I've contributed thousands (if not tens of thousands) of lines to Ruby. I get the concept.
But now, right now, I'm asking about something else. I'm just asking for an e-mail address of someone who can tell me what's going on. This isn't us-vs-them. It's getting developers, all developers, stuff they need.
Posted by: Dave Thomas | July 21, 2008 at 02:24 PM
One person may not make much of a difference, but I sent Apple an email through my ADC membership, which I always get personal responses from. I am also in the iPhone development program, and I made my point that while Apple is a technology leader, they need to let the education leaders do what they do best. We need books...
Every day I wake up wanting this book. The introductory "training" from Apple has given me a great vocabulary, but I still can't write my software...
Posted by: Chris | July 23, 2008 at 11:09 AM
You're not alone in your strife: http://www.fuckingnda.com
Posted by: John Galt | July 23, 2008 at 06:29 PM
I just thought it was interesting to note that I stumbled upon the developer forums in Apple's online support forums tonight....much to my surprise there was generous discussion and code sharing related to iPhone SDK development. It's been going on since the release as far as I can see so far.
How is this allowed on such a voluminous scale on Apple's own public forums, but this book cannot be opened for beta??
Any news, Dave?
Posted by: Chris | July 29, 2008 at 06:51 PM
Hello,
Does anyone know how long it takes to get approval from apple so that we can test our iphone app on an actual device? We didn't apply until after July 11th...(weeks? months? years?) sorry if this is posted in the wrong spot!
Posted by: Mark | August 11, 2008 at 11:34 PM
Im waiting for this book but we already are in september and the beta cant be published. I think it will be difficult to work with apple technology if they treat their developers and customers like this situation, I almost give up on this book and IPhone.
Regards.
Posted by: Skandar | September 11, 2008 at 02:12 AM
Im agree with one comment, Dave yes maybe is better publish a book about OpenMoko or something more pragmatic, Apple is not pragmatic.
Regards.
Posted by: Skandar | September 11, 2008 at 02:16 AM
Hey Dave,
As I write this it is now September 19, 2008. A full 2 months after your original blog post. Have you heard anything on this from Apple? I am really looking forward to this book. Will it ever see the light of day?
I find it really odd that Apple would not at least give you their current stance on this issue....
Posted by: Public Farley | September 19, 2008 at 08:39 AM
http://developer.apple.com/iphone/program/
Does this allow the book to be published?
Jason
Posted by: Jason Noble | October 01, 2008 at 10:37 AM
Dave,
first of many I'm sure: NDA is lifted... http://developer.apple.com/iphone/program/
Bring on the book!
Can't wait to read it.
Ben
Posted by: Ben Love | October 01, 2008 at 12:07 PM
The NDA being lifted is awesome news! Yes Dave bring on the book. I can't wait!
Interesting that even on items such as this, Apple loves the element of surprise.
Posted by: Public Farley | October 01, 2008 at 12:24 PM