Joe Berkovitz, quoting Apple:
10.4 Press Releases and Other Publicity. You may not issue any press releases or make any other public statements regarding this Agreement, its terms and conditions, or the relationship of the parties without Apple’s express prior written approval, which may be withheld at Apple’s discretion.
So, once you start developing for iPhone OS 4.0 you can’t complain about or even mention Section 3.3.1.
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