So I read the new Apple iPhone SDK Agreement

It’s much better than the old one.

Apple removed the non-communicate clauses (except you still can’t be first to disclose pre-release information).

Of interest, they also removed the “can only use the SDK on Apple-labeled hardware” clause. I had privately speculated that the tying of the Apple Market to Mac OS to Apple-labeled hardware would be a violation of anti-trust law – leveraging one monopoly to promote another monopoly (“tying”).

It looks like Apple has rescinded this tying arrangement, but retains the Mac OS license restriction to only use Mac OS on Apple-labeled hardware. I’ll have to address that sometime in another post, but I believe that restriction is invalid, as a monopoly tying arrangement in a contract of adhesion.

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