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Pulitzer Prize-winning journalist Mark Fiore's iPhone app was recently rejected for being satirical. Apple prohibits apps that "ridicule" public figures.  (Source: Nieman Journalism Lab)

One of Fiore's prize-winning flash cartoons involved the White House party crashers from last year.  (Source: Nieman Journalism Lab)
Cartoonist remains hopeful that electronics giant will change its mind

There's no denying that Apple's iTunes and App Store revolutionized the fields of online media sales and smartphone application delivery, respectively.  However, for all the company's success, of late it has a baffling track record of trying to police the morality of the apps that go into its app store.

Initially Apple rejected any apps that overlapped with its functionality, any mature apps, and any other controversial app.  Occasionally a strange one (like "Baby Shaker") would slip through, but generally all these kinds of apps were prohibited.

Recently, Apple promised to improve the process facing complaints from frustrated developers.  And there are signs of that improvement -- Opera Mini, a rival browser, was just approved for the iPhone and numerous adult apps of violent cartoonish nature have been approved.  On the other hand, Apple still is banning mature apps of a sexual nature.

Particularly baffling, though, was the recent rejection of Mark Fiore's iPhone app.  Fiore this year received the distinction of becoming the first online-only journalist to win the Pulitzer prize.  Fiore used to make cartoons for print newspapers, but today runs his own syndication business dealing exclusively with flash cartoons.  He does about 8 cartoons a month, selling for around $300 per site, syndicated to multiple sites, including his main outlet, the SFGate, the website for the San Francisco Chronicle.

Looking to use the latest smartphone technology to grab more fans Fiore crafted a humorous iPhone app with highlights of his award winning, ground-breaking work.  He describes, "I think the iPads and anything iPod to iPhone — to maybe a product not made by Apple — will be good or could be good for distributing this kind of thing."

But there was one tiny problem.  Apple's developer agreement forbids content that "ridicules public figures".  Apple elaborates in its iPhone Developer Program License Agreement, "Apple’s reasonable judgement may be found objectionable, for example, materials that may be considered obscene, pornographic, or defamatory."

On December 21, 2009 Mr. Fiore received the following email from Apple:

Dear Mr. Fiore,
Thank you for submitting NewsToons to the App Store. We’ve reviewed NewsToons and determined that we cannot post this version of your iPhone application to the App Store because it contains content that ridicules public figures and is in violation of Section 3.3.14 from the iPhone Developer Program License Agreement which states:
Applications may be rejected if they contain content or materials of any kind (text, graphics, images, photographs, sounds, etc.) that in Apple’s reasonable judgement may be found objectionable, for example, materials that may be considered obscene, pornographic, or defamatory.” Examples of such content have been attached for your reference.
If you believe that you can make the necessary changes so that NewsToons does not violate the iPhone Developer Program License Agreement, we encourage you to do so and resubmit it for review.
Regards,
iPhone Developer Program

Apparently Apple found the cartoon of the White House gate crashers interrupting an Obama speech (among the Pulitzer Prize-winning cartoons) to be offensive.  It attached that screen grab and several others, including a reference to torture, Balloon Boy, and various political issues.

Fiore remains hopeful that his app will eventually get let in.  Fellow cartoonists Tom Richmondand Daryl Cagle , were initially rejected [2] by Apple, only before eventually being allowed in [2].  Those turnarounds took months.

Fiore remains hopeful that Apple will eventually let him in.  He states, "They seem so much more innovative and smarter than that."

Updated: Monday April 19, 2010 8:55 a.m. -
After an outpouring of negative publicity, late Friday Apple contacted Fiore and encouraged him to resubmit the app, indicating that this time they would approve it.

Fiore, however, isn't entirely satisfied with the response.  He states, "I feel a little bit guilty because it feels like I am getting preferential treatment.  It seems like you need to raise a stink to get something political approved.  That's what makes me a little upset, if you are someone people haven't heard of and have an amazing satire app, you won't get this through."

He's willing to give the Cupertino giant a pass, though, saying that maybe they're just adjusting to their role as the world's largest smart phone app host.  He states, "Maybe this is just growing pains.  Hopefully, they will realize, 'Hey, I'm becoming part of the Fourth Estate'. They are becoming the delivery vehicle, and there are some responsibilities that come with that."


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RE: resubmitted
By HotFoot on 4/16/2010 1:33:18 PM , Rating: 3
I could care less about this particular incident. The process itself is ridiculous.

The problem is Apple is now in control of a significant portion of a certain market. They have the power to deny access to the market to product developers. That this denial is ever exercised on the basis of moral, political religious, etc etc grounds is not acceptable. If the iPhone's marketshare were a couple percent, no one would care, but this is basically the de-facto platform today and is being looked on as a business model to emulate.

Imagine if Apple went psycho-green and decided that no applications assisting you in locating a gas station would be permitted on the grounds that it would be promoting CO2 production.


RE: resubmitted
By JediJeb on 4/16/2010 3:30:32 PM , Rating: 2
quote:
The problem is Apple is now in control of a significant portion of a certain market. They have the power to deny access to the market to product developers.


They are only in control because people have put them in control by purchasing Apple products. If everyone who owns and iPhone would switch to another phone then Apple would no longer control that market segment, plain and simple. Nobody was ever forced to purchase an iPhone. People should make informed decisions then take responsibility for those decisions. Disagreeing with Apple's policies but purchasing an iPhone anyway is like purchasing a Ford Focus then getting mad because it doesn't fly when you knew from the beginning that a Ford Focus doesn't fly.

"Caveat emptor" is a phrase that has been around for a long long time, if someone wants to ignore the advice of Let the Buyer Beware, then they deserve what they get.


RE: resubmitted
By UNHchabo on 4/19/2010 3:24:25 PM , Rating: 2
Except that many people use their iPhones to gather information about the world, like they used to from television, radio, or newspaper. I agree with Mr. Fiore's comment that Apple is now a part of the Fourth Estate; they provide a journalistic service to the people. Allow me to rephrase your post in a way that shows what I mean:

quote:
NBC is only in control because people have put them in control by watching their channels. If everyone who watches NBC would switch to another channel then NBC would no longer control that market segment, plain and simple. Nobody was ever forced to watch NBC. People should make informed decisions then take responsibility for those decisions.


If NBC chose not to air an episode of The Tonight Show because it "ridiculed" a public figure, then everyone would berate them for failing to abide by journalistic principles.


“And I don't know why [Apple is] acting like it’s superior. I don't even get it. What are they trying to say?” -- Bill Gates on the Mac ads














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