I've just sent the following to the EU Dev Support at Apple.
As a developer who has successfully used Adobe Flash CS5 to build, submit and publish iPhone applications via the App Store I am unable to agree to the new Updated Program License Agreement you wish to impose on me.
Section 3.3.1 of the agreement states:
Since my application has originally been written in ActionScript it is now in violation of these terms. This brings up two questions:
1) Could you clarify whether or not applications submitted under a previous version of the Program License Agreement are affected by this change? If so, am I supposed to remove my application from the App Store?
Of course, the published iPhone application I developed complied fully with the previous version of your Program License Agreement, and which I was happy to adhere to. As you are aware, Apple had no problems approving my iPhone app, including taking a 30% cut from any earnings to date.
2) It seems clear that due to the recent changes in terms I am no longer able to develop iPhone applications using my favourite tool, Adobe Flash CS5. Since I paid a full year's subscription and you have now changed the terms under which I am allowed to engage with the program, I kindly ask you to exclude my company from having to adhere to the section 3.3.1. In the likely case of you being unable to comply with my request I kindly ask for a pro-rata refund as I have no plans of 'originally writing' any of my apps in any of the 'approved' programming languages mentioned in section 3.3.1.
I am awaiting your timely reply within the next 10 working days.
I'll post any correspondence I receive back here. Of course the request for excluding my company from Section 3.3.1 is a bit of a joke and will not happen, but I wonder what their refund policy is like? Thanks to Jodie who has also emailed Apple on this matter - and who is still waiting for a reply.