2 ms·

None of the contracts mentioned in the post you're replying to purport to change reality. They just restrict what the signer is allowed to do.

pyre 17y ago
I think that the point that was attempting to come across in that post was that just because something is in a contract doesn't mean that it's enforceable. I can't sign a contract that says that if I don't crack a joke that makes you smile, you get to kill me. I could sign that contract, and you could kill me, but you'll still go to jail for it.
- sparky 17y ago
  I think seldo's comment above captures it. What you said is true, but you also can't force Apple to give you a development environment for their device and let you sell apps in their private store. They have offered to do so anyway, so long as you keep it to yourself. I would bet that many SDKs for closed devices (e.g. game consoles) are under similar restrictions. Can anyone comment on that?
  - pyre 17y ago
    To be the devil's advocate, most game console SDKs are sold at a much higher price therefore setting the barrier to entry much higher. Apple iPhone SDK = $99 Sony PS3 SDK = $10,250 [1] One could argue that $99 is affordable by most anyone. $10K? No so much. [1] http://www.betanews.com/article/Sony-slashes-price-of-PS3-SDK-to-fix-game-problem/1195491681 http://www.betanews.com/article/Sony-slashes-price-of-PS3-SD...
- anamax 17y ago
  > I think that the point that was attempting to come across in that post was that just because something is in a contract doesn't mean that it's enforceable. That may be the point, but it isn't relevant to this situation because NDAs on SDKs are legally enforceable. You don't have a legal right to an SDK.
- houseabsolute 17y ago
  There is the idea of an unconscionable contract but I think Apple's legal team has at least a good faith belief that their NDA does not fall under that umbrella.

pyre 17y ago

I think that the point that was attempting to come across in that post was that just because something is in a contract doesn't mean that it's enforceable. I can't sign a contract that says that if I don't crack a joke that makes you smile, you get to kill me. I could sign that contract, and you could kill me, but you'll still go to jail for it.

sparky 17y ago
I think seldo's comment above captures it. What you said is true, but you also can't force Apple to give you a development environment for their device and let you sell apps in their private store. They have offered to do so anyway, so long as you keep it to yourself. I would bet that many SDKs for closed devices (e.g. game consoles) are under similar restrictions. Can anyone comment on that?
- pyre 17y ago
  To be the devil's advocate, most game console SDKs are sold at a much higher price therefore setting the barrier to entry much higher. Apple iPhone SDK = $99 Sony PS3 SDK = $10,250 [1] One could argue that $99 is affordable by most anyone. $10K? No so much. [1] http://www.betanews.com/article/Sony-slashes-price-of-PS3-SDK-to-fix-game-problem/1195491681 http://www.betanews.com/article/Sony-slashes-price-of-PS3-SD...
anamax 17y ago
> I think that the point that was attempting to come across in that post was that just because something is in a contract doesn't mean that it's enforceable. That may be the point, but it isn't relevant to this situation because NDAs on SDKs are legally enforceable. You don't have a legal right to an SDK.
houseabsolute 17y ago
There is the idea of an unconscionable contract but I think Apple's legal team has at least a good faith belief that their NDA does not fall under that umbrella.