

Apple worried for getting sued for 3rd party app content - newacc
http://www.techradar.com/news/software/applications/app-store-threat-as-iphone-app-sparks-legal-action-628274

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snprbob86
This is one of the key motivations behind the creation of a peer-review
system, such as the one used by Xbox Live Indie Games:
<http://creators.xna.com/en-US/review_detail>

By not approving games ourselves (in fact, Microsoft employees are banned from
even looking at un-reviewed games), we achieve some sort of legal protections
(which I lack the vocabulary to describe).

This process also scales better than a central review board model. Indie Games
doesn't need that scale yet, but the back-end is generic enough to be used
with other user created content which might demand the scale:
<http://creators.rockband.com/>

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st3fan
This could set an interesting precedent.

If Apple is going to say that it is not responsible for content in iPhone
applications then that could mean that the review process will have to be
relaxed. And that the SDK agreement will have to be changed.

Because right now they do look in detail at content in applications and
numerous apps have been rejected based on their usage of copyrighted content.

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bilbo0s
I suspect that Apple will settle a lot of these out of court, like they have
settled the recent ones out of court. And then quietly add more stringent
requirements to the App approval process. After all, they already screen for
content. Consider that you cannot get an App containing pornographic content
through the App approval process. Somehow, the App in question got through
because a reviewer did not recognize the image. What it probably means is
that, in the future, Apple will probably ask for some proof of copyright for
things like image content bundled with your app. That along with subtle
changes to the TOS to include stronger indemnity clauses. Basically, Apple
will be making the money, and the developer will be assuming more and more of
the legal risk. Not good news.

That would be my guess anyway. That said, hey, here's to hoping!

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mikeryan
I think its unlikely that Apple would settle these. IANAL so I have no idea of
the relevant case law but likely Apple would want this to go to court to get a
ruling saying "Apple is not responsible for the content provided by the app
developers". Then they're off the hook permanently.

The device can download images and copyrighted content, apple can not control
downloaded content so there's a nice out here.

