Whilst corporate lawyers read this stuff in their sleep, the average solo mobile app developer or startup studio (and often their clients) have less appreciation of the subtleties of the EU Data Directive or the US FTC’s oversight over COPPA breaches in relation to users of consumer smartphone and tablet apps.
Much has been written about the specific legal issues of mobile apps development however many of the issues are no different to traditional web or software application development contracting. Some of the more relevant issues in the mobile app development phase to consider are:
- Similar to most new Web 2.0 sites, mobile apps by their nature place heavy emphasis on creative visuals, sound and invented words – so graphic design elements, photography, musical works, trade marks need to have clean title or be appropriately licensed. Apps rely heavily on names and icons so it’s important to get visibility to the relevant underlying chain of IP ownership rights. In a crowded app storefront, a confusingly similar name or trade mark can be enough for platform companies like Apple, Google, Microsoft, etc to reject a listing.
- Whilst grappling with the T&Cs of various open source software (OSS) licences can be esoteric, if engaging a contractor for development (in the app space, software companies in cheaper offshore jurisdictions are often used), it pays to identify any open source code vs custom code and make sure license requirements and attributions are addressed. A lot of apps coding now make use of OSS components. There’s been much written about compatibility between GPL and iOS platform terms but its manageable if you know how the developer is using OSS.
- What is the acceptance milestone? When does the developer do the handover? On code completion or clearance by Apple App Store or Google Play platforms? There is often a commercial issue here.
- Apart from the need to follow best practices, iOS and Android Developer distribution agreements require full privacy compliance by apps marketers, so proper privacy policy notifications need to be implemented as part of the app. Privacy and data tracking in apps are a particularly sensitive issue at the moment, so proper disclosure requirements will help avoid any later user angst or defence to complaints.
- Terms of Use that are understandable (or at least readable) by the target audience including complying with content and privacy guidelines of Apple and Google.
- Apps targeted at the children’s market are subject to more heavy scrutiny, so make sure fees and charges have full disclosure and understandable confirmation warning pop-up screens.
- If your proposed app is unique enough, has underlying corporate enterprise innovation and is part of a bigger serious commercial venture, exploring the potential of utility/provisional patent filing with a patent attorney may be a worthwhile exercise (if only to support your pitch to VCs).
