Apple drops NDA on released iPhone software

Cleve Nettles
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October 01, 2008
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Apple today gave up the fight to keep the NDA on released iPhone applications built with the iPhone SDK.  The NDA has recieved much bad press and complaints from developers who wanted to communicate their experiences with developing programs for the iPod/iPhone platform.  From Apple:

To Our Developers

We have decided to drop the non-disclosure agreement (NDA) for released iPhone software.

We put the NDA in place because the iPhone OS includes many Apple inventions and innovations that we would like to protect, so that others don’t steal our work. It has happened before. While we have filed for hundreds of patents on iPhone technology, the NDA added yet another level of protection. We put it in place as one more way to help protect the iPhone from being ripped off by others.

However, the NDA has created too much of a burden on developers, authors and others interested in helping further the iPhone’s success, so we are dropping it for released software. Developers will receive a new agreement without an NDA covering released software within a week or so. Please note that unreleased software and features will remain under NDA until they are released.

Thanks to everyone who provided us constructive feedback on this matter.

Comments (10)

Fluoride (not verified) | October 01, 2008 - 8:53am

Could someone actually care to explain, in proper English or simple terms what NDA is.

Marz (not verified) | October 01, 2008 - 9:07am

NDA=Non-Disclosure Agreement. Basically it's an agreement with a company not to talk about specific information deemed critical or secret to a company. NDAs will have different terms depending on the information being protected and the length of time you cannot talk about will vary. Some NDAs even will prevent talking to others that are under the same NDAs like Apple's with the iPhone. If you break the agreement you can suffer all kinds of legal issues.

I've signed 2 in my life with the same company. One was for 5yrs and the other for 10yrs. I'm still under the 10yr one. Though the specific information I signed for is now in the public and I'm allowed to talk about it obviously. If I learn any other "secret" info with that company, I'm still bound by the NDA. However, I am allowed to discuss the information with others also under the same NDA as long as they also know the info. Clear as mud?

explainer (not verified) | October 01, 2008 - 9:01am

NDA stands for non-disclosure agreement. It's a legal document that developers agree to; which means they can't reveal or discuss whatever is under the terms of the NDA. So, in this case, Apple said if you develop for the iPhone, you can't disclose any details about the iPhone SDK / OS. The penalty being some sort of legal action.

Now, with the removal of the NDA, iPhone developers will be able to talk amongst themselves about developing for the iPhone. It's a good thing.

Fat Phil (not verified) | October 01, 2008 - 10:48am

I thought it meant No Diaorrhea Area (sp...lazy)

9to5Mac Noob (not verified) | October 01, 2008 - 5:07pm

No, it means "No Damn Apples"!

9to5Mac Noob (not verified) | October 01, 2008 - 11:44am

The most aggregious restriction improsed by the NDA is still in effect. Devs are not permitted to speak about apps that were rejected. Apple in its infinite wisdom has decided that it is unacceptable for developers to create apps that have similar functionality to what Apple provides. However, they will not provide any guidance before an app is developed as to whether or not a particular idea for an app is too similar or not.

The developer has to spend the time to develop it and then and only then will the heavy hand of Apple decide whether or not it is or is not too similar. If they decide it is too similar the developer has just been told all the time he spent developing the app was wasted. If Apple would do the right thing and release the NDA completely like they should, developers could share information about what kind of apps Apple decides are unacceptable and they wouldn't need to waste time only to find out that Apple decides X/Y/Z is too similar.

Olternaut (not verified) | October 01, 2008 - 2:54pm

Your right. Apple needs to provide developers information before hand about whether a project they are about to undertake would be accepted or not. Perhaps initial work on an application be done and then evaulated by Apple to find out if the developer should continue work on it or not.

9to5Mac Noob (not verified) | October 01, 2008 - 3:11pm

Is this because Android is looking like a threat to the iphone ( Yes i do have a iphone so im no hater!) .??? Android is open source you can put ANYTHING on the phone and will be linked with th amazon download store (DRM FREE)....its good to have competition!

Thx for reading!

ffistometer (not verified) | October 02, 2008 - 12:26am

This all could mean the reason why Apple rejected then slammed an NDA on Podcaster etc. isn't because it duplicates an area of iTunes, but uses something Apple sees as crucial to it's own future plans, something it wants to keep under it's hat, or hasn't completed the patent application process for yet.

Wouldn't be the first time someone / a company / a government has sought to deflect attention from a particular issue by attempting to focus attention on another minor issue deemed "safe" would it?

9to5Mac Noob (not verified) | October 02, 2008 - 2:27am

Does anyone understand what Apple in this announcement means with the term "released software".

Is that
1) Applications created with the SDK and released by Apple for distribution?

2) Software created and released by Apple, like the SDK itself?