opinion

The New Freedom: Do What You're Told

Much fanfare accompanied Apple’s publication of revised app store guidelines last month. Many tech industry blogs proclaimed a win for “openness.”

All Things Digital even went so far as to be “[e]ncouraged to see Apple lifting its restrictions on its licensing terms, giving developers the freedom to choose ... .” From these accolades, the casual reader naturally concludes a revolution sweeping across Cupertino, freeing developers from the ukases of a black turtleneck. Alas, those proclaiming a new era have fallen pray to a cultish Stockholm syndrome. The new “freedom” at the iThing AppStore —and in several other corners of the web — is nothing more than the freedom to “do as you’re told.”

Before I swing the bat, however, I should comment that I’m not an unreasoning Apple hater — this very article is being written on an Apple computer. Furthermore, Apple maintains one of the most innovative industrial design divisions in the world, and routinely leads the marketplace in aesthetics and consumer lust. It’s a shame then that they’re software policies remain so persistently ... well, medieval.

Apple’s nearly complete ban on adult content persists as the most discussed facet of the iThing AppStore policy. Such content, in their estimation, ranges from double entendre which Chaucer would have found timid to the darkest recess of Rule 34. As with the Apple store, they certainly have a right to restrict its content, but doing so makes them hypocrites and fools. On the one hand, Apple has chosen to curtail the freedom of only one group — those who (claim) to hate titillation. Yet other groups, like the centuries old Flat Earth Society, which promotes the view that the Earth is flat, and vehemently objects to round depictions of it, remain ignored and Apple frequently approves apps heretical to round earthers. On the other hand, the iPhone ships with a web browser with which one can access all kinds of round content; content mammary in nature.

While Apple’s decisions remain controversial, perhaps more controversial was the complete lack of actual guidelines (much less rules!) as to what constituted acceptable content. Society depends upon the rule of law. Apple, in contrast, engaged in a purely tyrannical exercise of power. An unseen bureaucrat had unlimited power to bless an app into the halcyon categories of the app store, or curse it to the everlasting purgatory of jailbroken phones. And even such purgatory is a violation of Apple’s terms — if they reject an app, the developer is in violation when they publish the app in un-Apple channels.

The supposed revelation of Apple’s new guidelines is that they provide a consistent basis for application review and acceptance, as well as loosening some of the previous restrictions on programming languages. From what information is available, it seems like these new rules do allow slight liberty by allowing developers to write code in higher level languages before compiling their code to the iThings. Alas, simply compiling from a higher language is like being told you can think whatever you want, you just can’t say it. The real freedom would be the allowance of “meta-languages” such as Adobe’s Flash technology, allowing the creation of truly high level applications with the iThings as just one facet.

Unfortunately, the following observations are based on third party reporting of the content of the new AppStore content guidelines. At the time of writing, an official copy of the new content guidelines themselves are only available after agreeing to a document which requires agreement that one won’t discuss anything, including the agreement, without prior permission from Apple. The first rule of Fight Club really is “Don’t talk about Fight Club.”

But at least these new rules, once disseminated, should provide for a fair, consistent basis for apps to enter the store, right? Well, possibly, but probably not. Apple proudly embraces that most insidious phrase “I’ll know it when I see it,” a phrase whose vagaries have plagued the adult industry for decades.

Specifically, “We will reject apps for any content or behavior that we believe is over the line. What line, you ask? Well, as a Supreme Court justice once said, “I’ll know it when I see it.”

Because that’s worked so well as a legal doctrine, Apple’s adopting it as a corporate doctrine.

It’s tempting to think that Apple’s a progressive place, so maybe such a standard won’t be so onerous if it’s applied in an evenhanded manner. Think again. The content guidelines specifically state that “We don’t need any more fart apps.” While declaring a moratorium on the mildly scatological, Apple hired Phillip Shoemaker as director of application technology.

His company, Gray Noodle, makes such high-brow apps as the selfdescriptive Animal Farts; Blue Flame, which lets you simulate lighting farts on fire; and iWiz, whose function is best left imagined other than to say that it deals with farts and other bodily functions.

At first blush such a hiring seems propitious for those who think whoopee cushions are an appropriate bridal gift. Alas, there is some rather unfortunate timing to this new hire.

As reported by Engadget, “Shoemaker tweeted that he had his new employee orientation on March 9, 2009 ... Gray Noodle was still publishing apps a month later. What does this mean, exactly? We’re not sure ... but we figured we’d throw it out there nonetheless.”

Like Engadget, our lawyers are busy enough as it is, so that coincidence shall have to speak for itself.

While all of these objections are valid, Apple ultimately has the right to restrict the content that it publishes in its app store. At least these guidelines do allow developers some level of pre-knowledge before spending the time to develop and submit apps to Apple. However, even a rejected app poses a grave risk to the developer. As a part of the app approval process, developers must submit any information requested by Apple. Several sections later in the agreement, it is specifically noted that, “Apple may also be developing its own similar or competing applications and products or may decide to do so in the future. ... [Apple] expressly disclaims, any confidentiality obligations or use restrictions, ... including information about your application ... . Any physical materials you submit to Apple will become Apple property and Apple will have no obligation to return those materials to you or to certify their destruction.”

Even Big Brother would be appalled at such a blatant conflict of interest.

There are many more examples of such absurdities scattered throughout the various iThing documents, but these amply illustrate the lack of “freedom” in these documents. Apple’s terms and conditions clearly aren’t free precisely because they force developers to conform to an arbitrary mold. On the other hand, an equally insidious “freedom to do as you’re told” pervades recent proposals that Google require all Android device manufacturers to provide “stock” builds of Android without manufacturers’ modifications installed.

Android is an open platform, so it seems natural that anyone should have a right to any version of it they desire — and they do. But just as Apple’s restrictions are arbitrary and capricious, they have the right to make those restrictions on a market that they own. Similarly, Android devices with silly skins or no access to the official market may be idiotic, but companies are well within their right to make such restrictions. Just because a restriction comes from the masses in the form of a virulent open source license doesn’t make it “more free.” Freedom means not dictating, instead of dictating seemingly more palatable terms.

So how can the tyranny of short sighted and arbitrary terms be overcome? Simple: users and developers need to demand freedom and choice, and policies will eventually change, particularly as viable alternatives become available.

Don’t think it’s possible? Consider the case (inside Apple no less) of iTunes, which transitioned from selling songs crippled with DRM technology to songs not so encumbered largely at the behest of consumers.

When companies see the money their policies leave on the table, they’ll eventually change their ways.

In the meantime, visit https://jailbreakme.com, raise the Jolly Roger and set sail a free man.

Christopher is chief software architect at MiKandi LLC, an “open” mobile application store.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

WIA Profile: Reba Rocket

As chief operating officer and chief marketing officer of Takedown Piracy, long at the forefront of intellectual property protection in adult entertainment, Rocket is dedicated to safeguarding the livelihoods of content creators and producers while fostering a more ethical and sustainable industry.

Women In Adult ·
opinion

Protecting Content Ownership Rights When Using AI

In today’s digital age, content producers have more tools at their disposal than ever before. Among these tools, artificial intelligence (AI) content generation has emerged as a game changer, enabling creators to produce high-quality content quickly and efficiently.

Corey D. Silverstein ·
opinion

How Payment Orchestration Can Help Your Business

An emerging payment solution is making waves in the merchant world: the payment orchestration platform (POP). It’s quickly gaining traction as a powerful tool for managing online payments — but questions abound.

Cathy Beardsley ·
opinion

Fine-Tuning Refund and Cancellation Policies

For adult websites, managing refunds and cancellations isn’t just about customer service. It’s a crucial factor in maintaining compliance with the regulations of payment processors and payment networks such as Visa and Mastercard.

Jonathan Corona ·
profile

WIA Profile: Laurel Bencomo

Born in Cambridge, England but raised in Spain, Laurel Bencomo initially chose to study business at the University of Barcelona simply because it felt familiar — both of her parents are entrepreneurs. She went on to earn a master’s degree in sales and marketing management at the EADA Business School, while working in events for a group of restaurants in Barcelona.

Women In Adult ·
profile

Gregory Dorcel on Building Upon His Brand's Signature Legacy

“Whether reflected in the storyline or the cast or even the locations, the entertainment we deliver is based on fantasy,” he elaborates. “Our business is not, and never has been, reality. People who are buying our content aren’t expecting reality, or direct contact with stars like you can have with OnlyFans,” he says.

Jeff Dana ·
opinion

How to Turn Card Brand Compliance Into Effective Marketing

In the adult sector, compliance is often treated as a gauntlet of mandatory checkboxes. While it’s true that those boxes need to be ticked and regulations must be followed, sites that view compliance strictly as a chore risk missing out on a bigger opportunity.

Jonathan Corona ·
opinion

A Look at the Latest AI Tools for Online Safety

One of the defining challenges for adult businesses is helping to combat the proliferation of illegal or nonconsensual content, as well as preventing minors from accessing inappropriate or harmful material — all the more so because companies or sites unable or unwilling to do so may expose themselves to significant penalties and put their users at risk.

Gavin Worrall ·
opinion

Know When to Drop Domains You Don't Need

Do you own too many domains? If so, you’re not alone. Like other things we accumulate, every registered domain means something to us. Sometimes a domain represents a dream project we have always wanted to do but have never quite gotten around to.

Juicy Jay ·
opinion

Understanding 'Indemnification' in Business Contracts

Clients frequently tell me that they didn’t understand — or sometimes, even read — certain portions of a contract because those sections appeared to be just “standard legalese.” They are referring, of course, to the specialized language used in legal documents, including contracts.

Corey D. Silverstein ·
Show More