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Analyzing iPhone 3G Location Services Legal Liabilities

Apple has taken steps in its SDK licensing agreement to make sure that developers don't violate customer privacy with some kinds of location services, according to Carl Howe at Seeking Alpha on Monday. However, that may not be the end of the story for larger developers who have already protected themselves legally and may want to seek a separate license with Apple.

Mr. Howe, a noted follower of Apple marketing and financials, noted that the terms of the Apple SDK are under NDA. However, he provided his own non-legal, informal interpretation of Apple's SDK license that says that developers cannot violate consumer privacy with location data, enable stalkers in some fashion or route people or vehicles incorrectly and encourage them to be distracted by their iPhone while driving.

Recently the Wall Street Journal became alarmed that some developers won't be able to offer some cool services, like navigation maps. Mr. Howe pointed out that the SDK simply keeps the smaller developers, without liability coverage, from going overboard and protects Apple as well.

"So rest easy: you'll see location-based applications on the 3G iPhone. But expect those to come from companies like TomTom and Garmin that actually know their Anywhere liabilities instead of from Joe's Homebrew GPS and Beer Company," Mr. Howe concluded.

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A guest said: (hide)

My friends and I _want_ location capabilities. I have several friends who could get lost in an Apple mini-store (and have, on several occasions). As soon as an iTouch comes out with GPS and the ability to locate select friends on a map, I can guarantee ten will be bought right away by my friends and I. The current wifi location system doesn't work well enough, it recently led one friend two blocks away from where the other two were meeting, and it constantly places my apartment in the middle of a landing strip at SeaTac, which is several miles away

So lets see some opt-in password protected GPS programs in the iApp store soon!

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jimothy said:

member since 04 Jun 2004 with 612 posts, unranked, send him a message or view his profile

Guest wrote:
As soon as an iTouch comes out with GPS and the ability to locate select friends on a map, I can guarantee ten will be bought right away by my friends and I.

To accurately see your friends' locations, you'd all need to have reliable, public WiFi in your respective vicinities. On a iPhone, you at least have the 3G (or even EDGE) network to provide more ubiquitous access.

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gslusher said:

member since 13 Nov 2002 with 2088 posts, unranked, send him a message or view his profile

Anonymous wrote:
As soon as an iTouch comes out with GPS and the ability to locate select friends on a map, I can guarantee ten will be bought right away by my friends and I.

As soon as WHAT comes out? Do you mean the iPod touch? Apple doesn't sell an "iTouch." You could spend maybe 10 seconds to at least learn the name of the product.

I would guess that it's unlikely that the iPod touch will have GPS, for many reasons, not the least of which is that it would have to also store the maps or work ONLY while in range of WiFi, as Jimothy said. It's also one of the differentiators between the iPhone and iPod touch.

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