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You could always get the dev tools for free* because they always came with some other purchase. That seems like it would cover the "SOX" compliance to me.

Examples: you bought a copy of Mac OS X (the dev tools were in the box), you bought an ADC membership (dev tools are included with your membership). Now, XCode 4 from the App Store is the first time you could get them standalone. And they charge for it.



Updates used to be free as well.


Only minor updates. Major updates were always bundled with new OS versions. If memory serves, Xcode 3 shipped with Leopard, Xcode 2 with Tiger, etc.




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