natmusak said:
Hmm, ok I understand where you're coming from, but I don't believe these arguments are separate. Let me try to explain.
Apple says:
"Since Podcaster assists in the distribution of podcasts, it duplicates the functionality of the Podcast section of iTunes."
Part 3.3.3 of the SDK says:
"Without Apple?s prior written approval, an Application may not provide, unlock or enable additional features or functionality through distribution mechanisms other than the iTunes Store."
Now, if I'm not mistaken, the word that is hanging everyone up here is duplication. In all honesty, I don't believe Apple should have used that word because it's pretty obvious the confusion it has caused. It's an unnecessary descriptor that has taken undue attention away from the important part of the statement, "assists in the distribution of podcasts."
See, what I'm not convinced of is that "assists in the distribution of podcasts" is indeed the important part of that statement. Clearly "duplication" was put in there for a reason?I admit, we're getting to a Talmudic-level of examination here?but I think if the matter was as cut and dried as 3.3.3 would seem to be, that the word duplication clearly wouldn't have come up. Regardless, it's there, and I believe it's there for as much of a reason as any other part of the statement.
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At the end of the day, the podcast makes its way onto the iPhone. That equates to a "distribution mechanism" that is "other than iTunes."
Does that make sense? (crosses fingers) :)
Sure, but it some senses, so could streaming, right? I mean, if you stream an audio file, you still get to listen to it, right? It's still being distributed, it's just not being stored. If it's downloading they wanted to prohibit, why wouldn't they say "through download mechanisms other than iTunes"?
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I totally agree with you here. There needs to be an asterisk or something next to distribution that explains distribution = downloading of content that would run around functionality offered in iTunes (an alternate music store, , alternate podcast downloader, alternate application store, etc.) or the iPhone itself (alternate mail downloader, or an alternate way to view video, aka Flash or Java plugins).
Again, only if that's
really what they mean. But yes, clearly the language should be clarified. Which is what I think Fraser, myself, and others have been arguing from the start: the language is too vague for developers to know what is prohibited and what isn't. Clearly the developer of Podcaster didn't go ahead spending all that time to develop an app that he knew would be rejected, right?
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Yeah, that's a good question. I honestly don't know. :D The part in 3.3.3 about "prior approval" could be a factor here. If Podcaster's developer had simply asked for permission to provide this alternate podcast downloading mechanism, or as you propose, making it so it even tied into iTunes' own podcast directory, Apple might have given it the green light. DED brought this point up in his
follow-up article:
"Any developer wanting to set up some sort of app that might act as a ?distribution mechanism other than iTunes,? for example an alternative to MobileMe for data sync or a way to share or sell media files, would definitely want to pursue prior written consent. Apple has approved of a number of things that do compete with its business, from its own Exchange Server support to YouTube and Flicker and other integrations in its products."
Sure, in retrospect, asking for Apple's permission might have been a good move. But again, given the way it's worded, I think it's understandable that he didn't. Not to mention that Apple has not exactly been quick to respond to many developers with questions. Plus, it's another hoop for developers to jump through, and if everyone who thinks their application might potentially violate some term of Apple's agreement has to ask for clarification, you're still going to see a whole bunch of quality developers who simply think it's not worth their time.
What it comes down to for me, is that we can agree that the rules need clarification. Clearly there are many potential readings of what this rule means, and it would be nice if Apple would spell out what they intend. We can argue til the cows come home whether or not a rule
should be in place, but if we don't even know what the rule we're arguing about means, then what's the point?