Sphere 3D Corp. (ANY)

[blueblizzy]

Derek: The bare minimum steps required to develop OS X or iOS apps are:

1. Register as an Apple Developer. This will give you

... "free access to Apple developer tools and resources for creating iOS and Mac apps, including Xcode, WWWDC videos, sample code, and more."

This step requires that you review and agree to the Registered Apple Developer Agreement.

The license explicitly says that the developer does not enter into an agreement or agency relationship with Apple (Clause 1). There is nothing in this agreement that mentions anything about virtualization. It mostly goes over developer benefits and services (ie. training material, lab environments, support, etc).

2. Sign in to the Mac App Store. This is so that you can download XCode later on. This step requires that you agree to the Licensed Application End User License Agreement ("Standard EULA").

The Standard EULA applies to each Apple Product that is obtained from the Mac App Store. If the product that you obtain has its own governing EULA, the terms of the Standard EULA are rescinded. Since all we want is XCode, and it has it's own EULA, we can ignore the terms from the Standard EULA.

3. Download Xcode from the Mac App Store. This will give you the development environment and access to all necessary tools including all Apple SDKs (collectively, the "Developer Software"). This step requires that you agree to the Mac SDK and XCode Agreement. This agreement supersedes the Standard EULA.

You can only use the Developer Software on an Apple-branded computer (Clause 2A, 2B). The developer MAY OPTIONALLY opt-in to the Mac Developer Program subject to additional terms and fee (Clause 5). The Mac Developer Program allows the developer the option to distribute OS X applications (not to be confused with iOS apps) to the Mac App Store. Since creating an OS X application under the Mac Developer Program is not a mandatory requirement and you can legally distribute OS X applications to Apple and non Apple devices without violating any Apple agreement, we can safely ignore all terms under this clause.

4. If the intention is to develop iOS apps, the developer must agree to the iOS SDK Agreement ("Agreement") - scroll to page 7. It's the same PDF document as above.

One of the first things that you will read (in bold) is

... " Applications You develop using these SDK materials cannot be distributed or installed on an iOS Product unless You enter into a separate license agreement with Apple. If You would like to load such Applications onto iOS Products or submit such Applications to the App Store, then You must apply to join the application iOS Developer Program " ...

This note is then formalized into clause 2.2 Permitted Uses and Restrictions.

... " You understand and agree that Applications developed using these SDK materials cannot be installed or used on an iOS Product or submitted to the App Store unless You enter into a separate iOS Developer Program Agreement with Apple and comply with the Program Requirements " ...

There is a loophole/gray area here that you do not realize. To make the iOS app work with Glassware, all the developer needs to do is package the iOS app and submit the package to the Glassware server. NO WHERE does the developer directly install or use the app on another iOS Product or submit the app to the App Store. As a result, the developer does not need to develop the app under the iOS Developer Program and agree to its Program Requirements (which has a restrictive clause to do with distribution). Non-Apple devices will consume the app by proxy through a native Glassware "wrapper" app or worse-case, via an HTML 5 interface through the browser.

Also, "jailbreaking" has legally challenged the requirement for being a member of the iOS Developer Program in some jurisdictions.

Also I just want to make a few clarifying comments on your previous post. The "Apple Software" you mentioned in the first link to iOS Standard Agreement is in reference to "(a) the SDK, (b) the iOS, and (c) the Provisioning Profiles, and includes any Updates to any of the foregoing that may be provided to You by Apple." This is defined under Clause 1.2 definitions. It does not refer to what you mentioned as operating systems and third party apps.

I'm not sure where you got the 2nd link but looking at the URL "/legal/internet-services/itunes/appstore/dev/stdeula/", it looks like it is the EULA for the iTunes App Store. Which would mean any application being distributed via the App Store, which does not apply here with Glassware.