> The IP in question would be code written by Apple provided in the form of frameworks, SDKs, APIs and the like. There’s also the use of software like Xcode, but for the sake of simplicity let’s stick with code written by Apple.
Code generally falls under copyright. Copyright means that making copies requires permission from the owner. Installing and using XCode, for example involves making a copy of XCode, and Apple charges a subscription fee for the privilege. Distributing an iPhone app that statically links Apple libraries is also making copies of Apple's copyrighted code, which requires permission. Dynamic linking to libraries present in the OS, however does not involve distributing copies of them and does not require permission.
Distributing an iPhone app built with open source tools and libraries would not involve copying Apple's code. There aren't many iPhone apps built this way right now as far as I know because App Store rules require the use of Apple's tools, but the DMA requires that apps can be installed from other sources and do not need to comply with those rules.
The other options for IP are trade secrets, trademarks, and patents. Only patents seem likely to support a fee for distributing any app that can run on a certain device, but I don't think Apple has a patent with that effect.
Code generally falls under copyright. Copyright means that making copies requires permission from the owner. Installing and using XCode, for example involves making a copy of XCode, and Apple charges a subscription fee for the privilege. Distributing an iPhone app that statically links Apple libraries is also making copies of Apple's copyrighted code, which requires permission. Dynamic linking to libraries present in the OS, however does not involve distributing copies of them and does not require permission.
Distributing an iPhone app built with open source tools and libraries would not involve copying Apple's code. There aren't many iPhone apps built this way right now as far as I know because App Store rules require the use of Apple's tools, but the DMA requires that apps can be installed from other sources and do not need to comply with those rules.
The other options for IP are trade secrets, trademarks, and patents. Only patents seem likely to support a fee for distributing any app that can run on a certain device, but I don't think Apple has a patent with that effect.