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Does the Apple Developer NDA still make sense?

Stephen Hackett over at 512 Pixels writes a good piece about the almost brazen ignorance of the Apple Developer NDA. His position regarding the NDA is the same one I have:

I for one don’t feel comfortable breaking the agreement I signed when joining the developer program. Not everyone feels that way, and while it bothers me, I can only control what I do. I strive to cover and discuss only what Apple’s made public. It only seems right.

There’s been a lot of different sources writing about and/or “reviewing” OS X Mavericks and iOS 7 and I know plenty of people who aren’t developers who still paid the $99 to register just to get the beta, and then subsequently install it on their carry device. Stephen, quite rightly, remarks that they don’t have anything to lose. They’re not developers, they’re self-confessed early adopters. Whilst the NDA could potentially include legal action, the more likely course of action Apple would take is to ban someone from the developer program.

What would say about Stephen’s piece is that it isn’t just the threat of having their account revoked should developers break the NDA. Unlike most of these “reviewers” or early adopters, developers understand what a beta release is. It’s unfinished, it’s buggy and it, especially in a first beta, isn’t designed to be used like a GM release.