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From "Lawrence Rosen (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-174) Creating an Apple Developer Account for distribution of iOS applications in the App Store
Date Sat, 03 May 2014 00:44:17 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-174?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13988494#comment-13988494
] 

Lawrence Rosen commented on LEGAL-174:
--------------------------------------

Summarizing a long thread and making a proposal below:

Bertrand Delacretaz wrote on 17 Oct 2013:
IANAL but to me "You agree not to distribute Your Application to third parties via other distribution
methods or to enable or permit others to do so" is a blocker.

Mark Thomas wrote on 26 Mar 2014:
Things haven't moved on from November 2013. Section 7.3 appears to be a blocker unless one
of the follow happens:
    	Apple clarify the the "Except for the distribution of freely available Licensed Applications"
means we can still host the binaries
    	Apple clarify that we can host source code but not binaries and a) the projects that
want to do this accept that restriction and b) VP Legal on behalf of the board accepts that
restriction
    	Apple and the ASF sign an additional agreement to allow the ASF to distribute its
binaries.
I'll see if I can finds a way to get in touch with Apple about this.

Mark Thomas wrote an hour ago (on 2 May 2014)::
Apple never responded to my question. Given the responses from the projects interested in
this it looks like the question is moot for binaries. However, the issue still remains w.r.t
source code. I need to re-read the problematic section and the definitions. Anyone wanting
to help this process along could read the agreement and offer their view of whether or not
7.3 presents a problem if the ASF distributes source code for the app and why.


***************************

PROPOSAL: An Apache attorney should speak directly to an appropriate Apple attorney about
section 7.3, asserting violation of US antitrust laws.  It is outrageous for a company with
undoubted market power to demand that it be the sole distributor of free and open source software!
They should BEG US to post our apps on their store! Perhaps one of our pro bono attorneys
will help assert our demands on the public's behalf? 

/Larry


> Creating an Apple Developer Account for distribution of iOS applications in the App Store
> -----------------------------------------------------------------------------------------
>
>                 Key: LEGAL-174
>                 URL: https://issues.apache.org/jira/browse/LEGAL-174
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Brian LeRoux
>
> Hello, I'm seeking approval for Apache Cordova from VP of Legal to create an Apple Developer
Account for distribution of iOS apps in the App Store. This is the information and/or authority
required to register for the program:
> - The legal authority to bind your company/organization to Apple Developer Program legal
agreements.
> - A registered legal entity name. This name will appear as the "Seller" in the App Store.
> - Address for the company’s principal place of business or corporate headquarters.
> - A D-U-N-S Number assigned to a legal entity. Learn more.
> - A valid credit card for purchase.
> Background thread on legal-discuss: http://goo.gl/SalCgf
> UPDATE:
> Apple content is back online. You can review legal terms here: https://developer.apple.com/programs/start/standard/
> UPDATE:
> Creating an Apple ID requires agreeing to Privacy [1] and Terms [2].
> [1] http://www.apple.com/privacy/
> [2] http://www.apple.com/legal/
> (And yes that second link really doesn't have any terms associated with it. =/ )
> UPDATE:
> Terms and Conditions reveal themselves:
> http://www.apple.com/legal/sla/docs/ios6.pdf
> (Note: T&C appears to be different depending on the target OS. All can be seen here:
http://www.apple.com/legal/sla/ )



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