I don't think that really changes anything.

That article clearly indicates he sourced some information from the developer program betas, which would be a violation of the NDA when publicized.

Then Apple can respond in an above-board way to such a violation. If the want to conduct their response through secret channels, in a harassing way, they shouldn't look to the courts to support their NDA rights on this.

The same way that you can't stop paying rent to your landlord because he hasn't fixed your sink, Apple can't harass someone because they believe he is in violation of a contract.

Revoking access isn't a secret channel nor harassment.

> Your rights under this license to use and access the Content will terminate automatically without notice from Apple if you fail to comply with any of these provisions.

And cutting off access is quite possibly reasonable. But they've gone quite a bit farther than "no notice" in refusing to answer any questions after the fact (or even point to the contract and any provisions they may think he is in violation of, if this is not just wild speculation) when approached by him. It makes their position that this is some sort of contract dispute far weaker. I assume there is an arbitrage clause in the contract? Has Apple contacted that party yet?

If he has a case, then he can invoke the arbitrage clause.

Given that there is clear public evidence that he is misrepresenting what happened and that he has profited from breaking the NDA, why is any of this work that Apple should do?

If that's the reason shouldn't Apple have warned/informed him by now?

The Apple Developer Agreement states:

> Your rights under this license to use and access the Content will terminate automatically without notice from Apple if you fail to comply with any of these provisions.

> More recently, I tried calling again and got to talk with a supervisor, who said I would be getting an e-mail with instructions to get my access restored.

A supervisor shouldn't/wouldn't string him along in this situation

I have had many customer service supervisors give incorrect information. They've generally only got what they see in the CRM/ticketing system to go on; it's entirely possible that they may not be privy to, say, a note from the legal department.

Oh, he totally has. But that doesn’t mean Apple shouldn’t tell him why they locked him out.

Surely he knows?

Why they locked him out? It doesn't look like it.

The rest of us seem to know.

Do you think he doesn’t know that 9to5mac published the information he provided to them?

I don't see anyone here that really knows anything about the situation. Just because a hundred people have speculations here doesn't make it fact; it's completely possible that he just failed to sign a Brazilian legal form or something.

Not really. We actually do know quite a lot about the situation.

We can see he has very likely violated the NDA.

By not mentioning this, and presenting himself as just another developer trying to make nice apps, we can see that he clearly has the capacity to be disingenuous. Most developers don’t reverse engineer Apple software and supply the results for publication.

We also know that if Apple froze people’s accounts for failing to sign a Brazilian legal form (or similar), it would affect a lot of people and we’d know it was a real possibility. But they don’t.

We don’t know anything with 100% certainty, but we easily have enough certainty to make it obvious that failing to mention his reverse engineering practice is a major red flag for his credibility.

I am "just another developer" who has probably violated the NDA as well. Reverse engineering beta OSes and distributing information about it totally OK, the problem is when you take screenshots.

Have you published information about undisclosed features in the press?

Why is distributing information covered by the NDA ok, but screenshots not?

> Have you published information about undisclosed features in the press?

Define "press".

> Why is distributing information covered by the NDA ok, but screenshots not?

Because that's what the license agreement says. Information about prerelease software is OK to discuss, sharing screenshots is not.

Ok - so it seems like you are confirming that we do know what he has done that breaks the NDA.

Yes. It's just that we don't know if that's why Apple has locked him out of his account.

Not for certain, but we do know that it is a strong possibility which he disingenuously leaves out of his account.

Sourcing information is specially allowed by the develop agreement. It's screenshots that aren't.