Microsoft: Windows Store Developer Agreement Subject to Change

December 7, 2011

For an app to be visible and downloadable through Microsoft’s Windows Store for Windows 8, it must be certified by the company. This according to the App Developer Agreement released yesterday, and we can expect this rule not to change. The rule means a certified app is by definition a “Metro-style” app, using the new Windows Runtime (WinRT) library and APIs. The ADA gives prospective future publishers a generous taste of how it should expect to be treated once the store goes commercial.

But as a Microsoft spokesperson told RWW this afternoon, the terms being offered to developers today, especially for inclusion in the company’s First Apps Contest, are limited only to specific development periods. For now, we can assume the ADA cover the pre-beta period, which is based around the current Win8 Developer Preview and which ends in late February; and the Win8 beta period, which begins immediately thereafter. However, a built-in opportunity for Microsoft to make adjustments is at the start of the Win8 Release Candidate period, which is a milestone directly referenced in the current language of the App Developer Agreement.

“Since the current certification requirements are specifically designed for the beta period,” the spokesperson tells us, “it’s likely that when and if they change, they’ll essentially change to fit the next part of the product’s development cycle.” This was in response to our question about whether developers would be given notice of changes to terms, and whether they would be given a grace period to comply should those changes be extensive. The response indicates that changes to terms may be revealed when the milestone dates for future development cycles (such as Win8 RT) are announced.

A draft of the Standard Application License Terms for end users is attached to the end of the ADA. As these Terms currently read with respect to the end user’s installation and use rights for a published app, “The application may be removed from any devices onto which you have installed the Application, and any associated license rights will terminate upon such removal, no later than the next public release of Windows 8, which may be a Release Candidate release.” (Already there’s one change to make: Either capitalize the “A” in “Application” or don’t.)

Hidden details in the ADA and Cert Requirements

There’s no evidence that Microsoft is actively obfuscating terms in order to cover up advantages that it might later claim. This is important, especially for veteran iTunes publishers familiar with the famous “Section 3.3.1″ clause of the Developers’ Agreement (dropped in September 2010) which specified that any program sold through iTunes must be “originally written” in Objective-C, C, C++, or JavaScript (for WebKit), and must compile against the iPhone OS APIs at that time.

Choice of tools and methods. Yet the fact that a Microsoft-certified “Windows app” is by definition a Metro-style app, according to the Certification Requirements, gives Windows Store one poignant similarity after all between iTunes circa 2009 and the Windows Store circa 2012: Metro apps that qualify for inclusion in Windows Store are bound to the new WinRT APIs – not to Flash and not to Silverlight.

By contrast, Microsoft is not claiming any authority over what tools developers must use to build their apps, which was the case with iTunes before Apple dropped Section 3.3.1. And in an important concession found in recently updated documentation, the DirectX graphics library may still be used by C++ developers to write Metro-style apps that generate content that graphics cards geared for DirectX may accelerate. Although C# and Visual Basic developers are encouraged to instead use the new XAML libraries for defining on-screen resources, Microsoft simply saying DirectX is permissible in certified Metro-style apps opens up a rich world of possibilities for games developers on the WinRT platform.

Users must be able to install five copies. The current draft of the Application License Terms grants users the right to install up to five copies of the app on “Windows 8 enabled devices that are affiliated with the Windows Live ID associated with your Windows Store account.” This gives a user plenty of opportunity to purchase an app once, and install it to her work PC, her home office PC, her media center PC, a laptop, and a tablet.

What’s also important here is the authentication mechanism: If you want to be a Windows 8 apps user, you need a Windows Live ID. This speaks to Microsoft’s intention to be the central identity provider for Windows users, giving others like Facebook and OpenID equal access but making sure Live ID gets the front door.

No Windows Store exclusivity. Microsoft, as should be expected, retains the right to revoke a developer’s Store account. But the reasons for doing so are limited to failing “to keep your account in good standing,” and thus far those reasons do not appear to include discovering that an app is available elsewhere (including on some other platform), and for some other price.

This was, and to some extent continues to be, a stickler for iOS app developers. Apple has since relaxed several of its exclusivity requirements, including that an app must originally be written for iPhone, and can only appear in the iTunes App Store. However, Apple has not relaxed its terms with respect to developers’ rights to publish elsewhere. Once an app appears there, from Apple’s point of view, “You agree not to distribute Your Application to third parties via other distribution methods or enable or permit others to do so.”

By stark contrast, Microsoft’s terms state that developers grant Microsoft the right to host, install, use, etc. the developers’ software in connection with the Store, but nowhere in that paragraph does the word “exclusive” appear. For now, Microsoft’s ADA also does not restrict a developer’s right to sell his app somewhere else (say, Amazon) for less than the sale price for the app on the Windows Store.

Next: A rejection letter comes with advice…

Article source: RRW http://feedproxy.google.com/~r/readwriteweb/~3/EREir9qGAYo/microsoft-windows-store-develo.php

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