Kit Walsh, a senior staff attorney at the Electronic Frontier Foundation who reviewed the contract for Motherboard, said these conditions struck her as “very onerous.”
“They give Apple a huge amount of discretion, impose potentially business-destroying costs and penalties on the repair shop, and require that they grant access to Apple without notice,” Walsh wrote in an email to Motherboard. Walsh added that Apple is “notorious” for interpreting its intellectual property rights very broadly, citing the time it sued Samsung over the rounded corners of several phone models as an example.
“If you sign this agreement,” Walsh continued, “then you repair non-Apple devices at your peril.”
“If I were a potential [IRP]—I’d have blown this off with the initial NDA,” said Gay Gordon-Byrne, the executive director of The Repair Association, when Motherboard shared sections of the contract with her. “None of this makes sense as a business.”
Proctor agreed. “I can’t believe anyone would sign this. This is crazy,” he added.