Reading this post on iLounge about TomTom’s plans to include their real-time navigation software on the iTunes AppStore (or lack thereof) brings back memories from when I was developing advanced vehicle tracking systems a few years ago.
The root of the issue seems to be this line on the iPhone SDK’s license agreement:
“Applications may not be designed or marketed for real time route guidance; automatic or autonomous control of vehicles, aircraft, or other mechanical devices; dispatch or fleet management; or emergency or life-saving purposes.”
This stems from a chain of license rights that originates with the providers of mapping data, such as NAVTEQ or Tele Atlas. Apple has integrated Google Maps on the iPhone, which in turn uses mapping data from these providers under license. Pricing of map data varies with respect of what you intend to do with it, and for some reason, the providers value real-time tracking of anything as a top dollar use.
Apple had to accept the licensing restrictions that Google’s providers impose, and they very likely include real-time navigation and tracking of objects. In fact, Google Maps terms of use read:
“Except where you have been specifically licensed to do so by Google, you may not use Google Maps with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications.”
This trait started when Microsoft released MapPoint 2004, which included for the first time a clause in its terms that forbid using the application for real-time tracking of vehicles and objects, and any such tracking should have a minimum 15-second delay between reality and display. With MapPoint 2002, one could use ActiveX objects to integrate the maps into a third-party application, like I did when I released StumbVerter, and fully control the map and data overlays. This meant that one could write a VERY cheap real-time tracking software application to go with the GPS tracking hardware the company sold. One could thus use pretty good maps of Europe and North America for a little over 400 Euros, compared to quotes I received that licensed only Spain for some 90.000 Euros! Microsoft got some heat over this, but defended its position by stating this restrictions had been imposed by the map data providers.
I don’t think TomTom will have a problem placing their software on AppStore, as they don’t infringe on the intended Location Services API clause, and maybe Apple will ease this clause by stating that the restriction is on using Google Maps rather than your own licensed map data for displaying location of tracked objects.