Look. I have already argued about Apple reaching hubris. I have previously written about what seriously looked like power abuses, then chronicled in the past how their credibility may be eroding (while adding a jab at how I thought they were stretching the truth). And rest assured there are many other events I did not cover in this ongoing iPhone shenanigans category. But here I really have to wonder whether Apple is currently engaged in a oneupmanship match with itself in that regard.
The latest events, of which the Transmit iOS feature expulsion is but the most visible, have made me think and eventually reach the conclusion that the iOS (and Mac, to an extent) platform is not governed in a way suitable for a platform of this importance, to put it lightly; even less so coming from the richest company on Earth. Apple has clearly outgrown their capability to manage the platform in a fair and coherent way (if it ever was managed that way), at least given their current structures, yet they act as if everything was fine; the last structural change in this domain was the publication of the App Store Review Guidelines in 2010, and even then, those were supposed to be, you know, guidelines. Not rules or laws. And yet guidelines like those are used as normative references to justify rejections and similar feature removal requests. This is not sustainable.
Back at the time of the Briefs saga, I was of the opinion that the problem was not so much the repeated rejection decisions than the developer being repeatedly led to believe that with this change or maybe that change Briefs could be accepted, only for his hopes to be squashed each time. Look, I get that the Apple developer evangelists at DTS (Developer Technical Support) honestly thought Briefs would be a worthwhile addition to the iOS platform and genuinely were interested in this app seeing the light of the day on the iOS App Store; but at the end of the day, it was Rob Rhyne’s time and effort and livelihood that was on the line, not theirs, so yes, the fault for the whole Briefs debacle lies with them, not the iOS App Review Team. Today, the same way I wonder whether the fault really lies with the iOS App Review team. Okay, okay, before you go ahead and drown me under the encrypted core dumps reported from users of your iOS and Mac apps, hear me out. To begin with, no matter how desirable (including for some people at Apple) a rejected app is, if the higher ups at Apple were to start issuing executive orders overriding App Review Team decisions, or if pressure was put on reviewers by other Apple employees to accept an app, it would undermine the work of the App Review Team at a fundamental level, their authority would become a joke, and anyone worthwhile working there would quit, leaving the rest to handle the reviews. I don’t think that is what anyone wants. So yes, this means that regardless of the great work on new APIs from the OS software teams, regardless of the interest from Apple leaders to have on iOS, say, more apps for teaching computing, regardless of the desire of the iOS App Store editorial staff or Apple ad teams to feature innovative apps, regardless of the willingness of DTS to help quirky apps come to life, this means that regardless of all this, if the App Review Team isn’t on board, none of that will be of use. So its power needs to be limited, certainly, but not just about any random way.
“It is a timeless experience that any man with power is brought to abuse it […] So that power cannot be abused, the dispositions of things must be such that power stops power.” De l’Esprit des Lois, Livre XI, chapitre IV. I think it may be time for Apple to apply the rantings[fr] of an obscure magistrate from the Bordeaux area (link and expression courtesy Maitre Eolas[fr]). To begin with, all app review decisions must refer to normative texts published before the app was submitted (no retroactive application). I can already hear reviewers (even though I know they will never say it out loud) complain that they cannot possibly predict every situation in advance and need the flexibility to come up with new rules on demand, to which I answer: shut up, shut up, shut up. To me, that line of thinking (which just oozes out of the Introduction to the [iOS] App Store Review Guidelines) sounds suspiciously like a George III or Louis XIV. Even if you reviewer thinks an app should not be part of the App Store, if this app has to be accepted for lack of a rule prohibiting it, then so be it; if the rule makers (which are of course different from those applying these rules) are interested, they will come up with a new rule, at which point it can be enforced on new apps. Speaking of which, secondly, enforcing rules on app updates should not be done the same way as on new apps: blocking an app update must be balanced against the drawbacks, namely leaving a buggy, out-of-date version available on the iOS App Store; this goes especially if that previous version was already violating the rule in question (but on the other hand, they do need to be able to enforce the rules in some way even if previous app versions violating these rules were accepted, as otherwise rules would quickly become unenforceable). Third, the detailed reasoning of the rejection (with references to the relevant rules) will have to be provided to the developer, and app review decisions can only be overturned by a proper appeals process attacking this reasoning. Fourth, the person arguing against an app must be different from the person making the decision, and the app developer must be able to provide counterarguments. Fifth, for these violations that directly concern users, there has to be a way for these users to complain about such a violation so as to avoid inconsistent and unfair application of the rules (Ninjawords, anyone?). Etc. In short, at least a proper judicial process based on Rules and a proper process to come up with these rules.
All of this might seem outlandish for a company to implement: to the best of my knowledge, this has never been put in place by a private entity before. But as long as Apple has these claims to try and dictate large aspects of which features apps should and should not provide to users, I see no way they can sustainably avoid such a separation of powers given how large and incoherent in this regard Apple has become; and this is even if they were allow iOS apps outside the iOS App Store and give up on Mac App Store exclusive APIs (e.g. iCloud), as the iOS App Store and Mac App Store have become too important for them to avoid such a rationalization. Look, I’m not asking for anything like a full due process or enforced independence of judges. No one’s liberty (or, God forbid, life) is at stake here. But the livelihood of developers and the credibility of the iOS platform certainly are. Apple has too many responsibilities and has grown too much to keep acting like an inconsequential teenager. Apple is all grown up, and it needs to act like it.