Serious questions about the developer terms and conditions

I love Spotify. But the terms and conditions for use of the libspotify API for developers is incredibly restricting and doesn't love developers back. I've never read anything quite so powerfully restrictive and discouraging for developers and businesses wanting to invest in a product.

Some of it is vague and needs clarifying. Some of it is dangerous.

I shall go through some highlights of the terms and conditions in (mostly) chronological order.

1. Definitions

“Approved Device” means desktops, laptops and netbook PCs and such other devices that we permit as notified to you from time to time. Approved Device does not include any mobile wireless handset or any other internet-enabled device that is designed to be handheld.

I'm not sure how this deals with a hand-held device that simply accesses meta-data (for example to make a playlist and send it to a PC) but doesn't actually play the music directly on that device.

2. Application Key, Developer Account Information

Spotify reserves the right in its sole discretion to revoke your Application Key for any reason or no reason, without notice, and to block access to the API and Service by the Application, without any liability to you or your users.

No reason? That's worrying.

3.2 ...you may not:

viii. attempt to embed or integrate the API into any website or otherwise allow access to the Service via the web rather than via the Application.

Again - does this mean you can't have a website for making/sharing playlists? Surely third party community driven Spotify sites are a good driving force for exposure for Spotify?

3.3 You may not charge Users for use of the Application or otherwise derive any income from Users’ use of the Application, such as through e-commerce initiated via the Application or the sale of any advertising, sponsorships or promotions on the Application itself.

So you can not (at the moment) under any circumstances fund your project out of anything other than your own pocket money. The more users you get, the more it will cost you.

3.9 You acknowledge and agree that Spotify may be independently creating applications and other products or services that may be similar to or competitive with your Application, and nothing in these Terms of Use will be construed as restricting or preventing Spotify from creating and fully exploiting such applications without any obligation to you.

I've just detailed my app in an email to Spotify at their request. How do I know they are not just going to make the app themselves?

But then combine that with:

4.3 You agree to provide us with access to your Application and other materials related to your use of the API as reasonably requested by us in order for Spotify to verify your compliance with these Terms of Use. You agree that we may survey your Application and you agree not to block or interfere with such efforts

So does this mean I have to give you my source, and then you can go and make an identical application (3.9 above) and I end up massively losing out? Yes, actually. It does.

4.1 Spotify reserves the right to modify the API, and to release subsequent versions of the API, at any time without notice to you. You understand that you may be required to obtain and use the most recent version of the API in order for your Application to continue to function with the API and the Service.

This is fair enough, but there should at least be a mechanism to be notified.

4.4 Spotify may limit the number of service calls that your Application may make via the API, the volume of Content that may be accessed, or anything else about the API and the Service it accesses as Spotify deems appropriate, in its sole discretion, without notice. In addition to its other rights under these Terms of Use, Spotify may utilize technical measures to prevent over-usage or stop usage of the API by an Application after any usage limitations are exceeded.

I can see why this is in there. But a popular app is a popular app and what are the "usage limitations" that are uttered here? Are there usage limitations already, or does this mean usage limitations specific to individual uses of the API at the discretion of Spotify?

But let's jump right back to the top of the T&C again:

Spotify has the right to amend these Terms of Use at any time for any reason without notice to you. The current version of the Terms of Use is posted at “Spotify Core Terms of Use” and any changes to the Terms of Use will become effective immediately upon posting. If at any time you do not agree with something in these Terms of Use, including any changes made by Spotify, do not use or attempt to use the API, because if you do, you are agreeing to be bound by everything in these Terms of Use, including, without limitation, any changes we may have made.

So I could make an application under these terms and all is OK. But then the T&C could change and I wouldn't know - and until I went and re-read the T&C I could be violating it without even realising. Ultimately, they could change it to read "we own your grandma" and not tell me. Then, simply because I'm already using the API, I've agreed to give them my grandma.

This wouldn't stand up in a court, obviously. But something else might.

But Spotify then have the right to take me to court, if they wished and deemed it appropriate, for violation of terms.

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All in all this is an extremely prohibitive T&C. I am extremely discouraged from investing time in an application, especially if I have no way of keeping it funded other than my own money.

The application store for the iPhone has created a massive world for Apple, filled with many creative ideas and making Apple a lot of money along the way. My decision to buy an iPhone in the next few months has been swung by the huge community there is for it and all the apps that do exist and that might come in the future. And Apple's developer contract is considered (by some) to be prohibitive.

But this is a new level.

What I am getting at is that allowing your platform to develop like this is good for you. What this T&C says however, in lay men's terms, is "you can make stuff, but you can't make any money and we (Spotify) control everything and can cut you off whenever we like without notice or reason.".

Please, Spotify, give us developers and businesses an incentive to invest time in your product. Community means exposure, and exposure means money. Do you not want a big community of people having fun using many cool and interesting Spotify apps? Or do you think this will somehow lose you income?

It sounds like you want deveoper ideas, then want the code to make those applications yourself. Please advise me otherwise!