Apple's always been known for its amusingly-conservative disclaimers (you can't use iTunes to "design a nuclear weapon," for example) and it looks like the products-liability team at the Fruit has had their way with the iPhone SDK agreement as well, inserting a provision specifically prohibiting developers from creating apps "marketed for real time route guidance; automatic or autonomous control of vehicles, aircraft, or other mechanical devices; dispatch or fleet management; or emergency or life-saving purposes." Yep, that's right -- no real-time route guidance (or, uh, fleet management) allowed. That'd be a huge bummer -- except, of course, that TomTom has already come out and said that its app is
ready to go on the iPhone. Assuming TomTom used the SDK and not the jailbreak toolchain, we'd bet that Apple is just covering its ass here and that it's worked out an agreement with TomTom to pass along any liability -- you can bet Steve doesn't want to get sued when iPhone users start careening into
sandpiles and into
oncoming trains. We'll see for sure when the
App Store finally launches, though -- until then, it's all just cheap speculation.
Update: Astute commenter Austin points out that these terms are copied almost word-for-word from the
Google Maps API terms -- which means that TomTom and others are probably free to use their own maps to do real-time guidance.
[Via
BoingBoing Gadgets]
Reader Comments (Page 1 of 3)
Ken @ Jun 11th 2008 11:09AM
Its things like this that make me hate Apple. I was willing to get the 3G iPhone, but after the "contract only" disclaimer and things lie this, I could live comfortably without giving Apple any of my money.
Ken @ Jun 11th 2008 11:09AM
Lie=like
Scott Miller @ Jun 11th 2008 11:22AM
Come on people can we stop with the whole "contract" thing. Do you plan on skipping to different carriers every other month. I've used many carriers in my area, It's not much better, they all have the same spotty service. Unless you live in a city or close to it, no carrier has full coverage elsewhere.
Eric M. @ Jun 11th 2008 11:47AM
@Scott Miller
Well everyone mentions the "contract" thing because these contracts are for TWO years. If they were one year contracts that can be a little understandable, but I don't want to be forced to stay with a carrier for two years.
And you don't have to switch every month, but what about if you want to switch in one year because you moved or if you have an argument with their customer service?
Jason @ Jun 11th 2008 11:57AM
@Eric M
If your argue with CS.. your on your own and pretty much screwed, if you move to an area without coverage by ATT, you are let out of your contract with no ETF
Patrick @ Jun 11th 2008 11:57AM
interesting as to how this is spun as purely a "CYA" legal thing...
the first thing i thought of when i read it is that either
1) apple wants to be the only provider of gps routing software for the iphone (for $$ of course)
2) someone (tomtom?) got in bed with apple and wants to be the only provider of gps routing software and gave a kickback
3) some carrier like at&t wants to push their overpriced telenav crap
Jason @ Jun 11th 2008 12:02PM
@Patrick
I am guessing option number 3 would be ATT's request.
Most likely its Apple lawyers covering their ass, although there are worse things then live guidance... say texting on a phone with no keyboard while driving....
Scott Miller @ Jun 11th 2008 12:18PM
@ Eric
Marriage is for LIFE. It's called commitment. How do you get out of that, without it costing you half of everything. What about leasing a car. It's no different, you agreed to what is provided to you. If you have an issue with something out of the terms of their service, THEY OWE YOU. You just need to be good enough to get it. If you have an argument with someone that gets paid crap working a multibillion dollar company and you don't get something in your favor. You need to get better people skills.
Coolone3000 @ Jun 11th 2008 12:29PM
I don't know how you could possibly think they would sell this thing without requiring a 2 year contract! Were you born yesterday or were you not aware of how things work in the U.S.?? People want a cheaper iPhone, so they make a cheaper iPhone, stop bitching, yes it does require a 2 year contract but so does the LG Voyager or LG Vu or any other damn phone sold by a U.S. carrier. And i know you can also get some on a 1 year contract and pay more, but thats not how the first iPhone was, so why would this one be different.............boo hoo you won't be getting a 3G iPhone, i'm so sad
Liam @ Jun 11th 2008 12:35PM
@ Ken
Well o2 in the UK are releasing pay and go sim cards to there iPhone users so maybe something similar will hop up in the states soon?
Reid @ Jun 11th 2008 3:01PM
Coolone3000,
You forget the rule. It's only okay to whine about cell phone contracts if it's related to Apple. It's only okay to somehow multiple the rate plan by 24 months and add that to the cost of the device in order to say "ZOMG ITS TEH EXPENSIVE" if it's Apple.
Oh, and it's only okay to complain about absurd legalese if it's Apple.
John Warwick @ Jun 11th 2008 3:01PM
I can think of *at least* two reason why Apple would want to restrict real time route guidance - first, is liability, the second is privacy.
On any GPS you buy, the first screen you hit on startup is the legal "it's not our problem if you're a moron", to which you have to agree to go further, followed by lockouts to menus and settings while the vehicle is moving. It doesn't take much to imagine someone jacking around with an iPhone and driving into a wall.
Second, real time time GPS also opens the door to stalking - if you can track you, it's not a big hop to track someone in your address book.
Matt @ Jun 11th 2008 4:55PM
Reid,
Do you understand that they raised the cost of the mandatory plan that you must have with your iPhone? And that it comes out to 240 bucks over the life of the contract, which you can't get out of? Ergo, the cost of the 3g iPhone is the same as the old iPhone, except they're pretending to save u teh moniez?
If any other company said "hay, we are gonna give you 120 bucks off this, but we'll charge you 10 a month for a year, kkthx," people would still be up in arms.
Mathue @ Jun 11th 2008 7:15PM
Ken, you need to fully read other manufacturers EULA agreements then if you think what Apple has is a 'reason' not to use their products. The US is a litigation playground, you need to 'CYA' with everything.
nikster @ Jun 11th 2008 9:51PM
That's the problem with posting first - you didn't see the update right?
Or do you also hate the Google Maps API? In any case, the terms were obviously dictated by the need to confirm to Google's Maps API terms.
It makes a lot of sense too as they don't want the military to go and build iPhones into a Tomahawk missile or Predator plane. If I released a maps/GPS product I wouldn't want it to be used to kill people either.
loosely_coupled @ Jun 11th 2008 11:01PM
I don't like cell phone contracts either, but you already knew that the initial iPhone required a contract, so you certainly shouldn't have been surprised. And if you indeed really like the iPhone 3G, you are not going to be able to switch to any other carrier besides T-Mobile, and even with them you are NOT going to be able to use their 3G network, since the iPhone doesn't support 1700mhz UMTS.
On the other hand, if you wait a few months, I bet the iPhone ends up being available on pre-paid terms.
Oskin @ Jun 12th 2008 12:47AM
2 years isnt so bad when you look at the canadian market... We got screwed all the time with 3 years contracts! I don't know yet if it'll be the case with Rogers but i would be surprised!
Oskin @ Jun 12th 2008 12:49AM
i mean wouldn't be surprised!
Iain @ Jun 11th 2008 11:12AM
Just as well I design all my nuclear devices using MS Paint...
I wonder which poor sap has the job of reading through all this stuff.
CraigJ @ Jun 11th 2008 11:46AM
You should really try powerpoint some...
kal326 @ Jun 11th 2008 11:12AM
Everybody know you use iPhoto to design nuclear weapons, seriously who would even try to use iTunes. I mean you would use iTunes to organize your nuclear stock pile after you got done designing them.
Henrik @ Jun 11th 2008 3:19PM
Yeah, that hit me to!
People don't design their own nuclear devices these days; everybody just buys them over iTMS, and then think iTunes is used to make them just because they get them from there.
That's why I moved back to OS 9, it's so much easier without all those fancy graphics and the tools are so much more stable.
Scott Miller @ Jun 11th 2008 11:12AM
WTF Does it matter anyways, I'm guessing there is no offline storage for maps. There are still some places that have no cell service, never-mind 3G. I'm still upgrading my iPhone, but that is a disappointment, if true.
Let the bashing begin!
Kris @ Jun 11th 2008 11:23AM
"WTF Does it matter anyways"
It matters because this means no one can release legit navigation software unless Apple says they can. That's total crap, IMO.
bob @ Jun 11th 2008 11:26AM
an app can store info in its own packages contents.
Tony Rayo @ Jun 11th 2008 12:03PM
You really have to be in the sticks of the sticks to receive zero coverage given all the options the new iPhone has. I'm still not going to buy one though, only because I am moving to Japan and DoCoMo has a much better selection (although with the iPhone now supporting 3G, it could launch in Japan; I don't see it making much of a dent there though as it will in the west).
Doug @ Jun 11th 2008 12:26PM
I don't live in the sticks, and AT&T has no coverage in my home. All of the other carriers offer 5 bars of service, but the moment you walk into my home AT&T coverage goes to zero.
Bootes @ Jun 11th 2008 2:28PM
I live right outside NYC and no cell provider has coverage around my house. My town doesn't allow cell towers.
Kris @ Jun 11th 2008 11:13AM
That's crap. Apple's UI and OS on the iPhone is fun and very nice looking but is very limiting. Microsoft's UI and OS on smart phones (Windows Mobile) is mildly ugly but _anything_ can be developed and put onto it.
WHY CAN'T WE HAVE THE BEST OF BOTH WORLDS? Bah
stardash @ Jun 11th 2008 11:29AM
http://lifehacker.com/software/hack-attack/turn-your-windows-mobile-phone-into-an-iphone-269055.php
Wow l2 google....... Damn you are a n00b.
Kris @ Jun 11th 2008 11:42AM
@stardash, you can't be serious. All of the implementations to make the iPhone GUI on WM so far have been horrible Flash interfaces.
They all suck and are not very responsive. Besides, I don't want an iPhone GUI on my real phone. That's like taking a powerful engine and putting it in a VW Van; you won't be able to take advantage of the powerful engine.
Andrew @ Jun 11th 2008 4:15PM
I take it you are NOT a developer? The iPhone OS is not limited at all - you can pretty much make ANYTHING on it. It's a complete OS with easy to use frameworks for graphics, sound, internet etc
You might be confused by the number of apps offered by default - but that is Apple's choice (and a smart one for consumers). If you unlock an iPhone you can download hundreds of apps today - and most of those were made before Apple released the SDK.
Zal @ Jun 11th 2008 11:14AM
Wow, so the new iPhone has GPS, but can't be used for real time route guidance?
Are there restrictions on using the GSM and HSDPA radios for "real time voice calls" as well?
kjb434 @ Jun 11th 2008 11:21AM
It can be used for it, but only the ATT supplied navigation service.
It won't be like WinMo devices where you can use whatever navigation software you want (i.e. Google, LiveSearch)
IT-Accountant @ Jun 11th 2008 11:17AM
My guess is that TomTom or some other company has made some side deal with apple which excludes them from this particular clause of the agreement (essentially "exclusive rights" to make an iPhone navigation app) in return for some revenue sharing.
The GPS capability of this device is just too attractive of a revenue stream for apple to write it off completely.
Ratboy @ Jun 11th 2008 11:17AM
and I'd just finished my iphone controlled autonomous life-saving aircraft fleet app
Brendan Sheehan @ Jun 11th 2008 5:04PM
I'd believe it because you've got an Apple logo stuck in your eye.
Jake @ Jun 11th 2008 11:18AM
I thought that's what cruise control is for. Guess I was wrong.
Snitch @ Jun 11th 2008 11:18AM
Let me guess, AT&T is going to start charging for real time route guidance like some others do???
kal326 @ Jun 11th 2008 11:21AM
Start, they already try too. My AT&T Tilt has GPS in it, but that doesnt stop AT&T from trying to sell you a TeleNav service for turn by turn directions. I got Google Maps which using the GPS hardware and will probably pick up the Garmin WM GPS software for turn by turn.
james @ Jun 11th 2008 11:20AM
This was my guess as to why the first iPhone didn't have GPS. ATT doesnt want all that data streaming all the time.
dsgamer21 @ Jun 11th 2008 11:22AM
There goes my plan to drive my car with an iPhone, James Bond style.
Russ @ Jun 11th 2008 7:11PM
Mine too, first no MMS like Nokia's and now no remotely controlled Aston Martin's/Bond Cars like all Nokia's back in the 90's. Damn.
I'll still be giving o2 my £159 on July 11 though!
connorcam @ Jun 11th 2008 11:58AM
How awesome would it be if you could control a car using the accelerometer in the iPhone?
nickels @ Jun 11th 2008 11:22AM
i read it as you cant make the phone drive a car :/ not you cant have it route you there :S
maybe im just silly
Vidit Bhargava @ Jun 11th 2008 11:23AM
what the heck would you use GPS for on the iphone then...just use google maps then...things like these make people jailbreak their devices
and why would you need to buy tom tom's software for iphone then
Eric M. @ Jun 11th 2008 11:24AM
What, I can't use this for "life saving purposes"?! I guess my plan to cure cancer with the iPhone will never come to life.
iEye @ Jun 11th 2008 11:26AM
Jialbreak lives on!
free useable software for all!
app store my rear end...
bob @ Jun 11th 2008 11:26AM
hhmmm, maybe its to stop someone from creating a bad guidence app that causes accidents and the likes of tom tom etc are allowed? odd either way
snitch @ Jun 11th 2008 12:09PM
or maybe so AT&T can charge you $99 a year for TeleNav