Look out the window for flying pigs! Rumor has it that Apple has let one slip past the goalie -- in this case, an iPhone application was approved despite a violation being spotted, with a warning to fix the problem down the road.

That’s the word from Vimov, the developers of iSimulate. AppleInsider is reporting that Apple approved their latest update, even with its use of a private API, which runs counter to the company’s policies. iSimulate allows other developers to use the iPhone’s multi-touch and accelerometer capabilities within the iPhone simulator software on the Mac.

However, the developer did get by with a warning from Apple:

During our review of your application we found it is using a private API, which is in violation of the iPhone Developer Program License Agreement section 3.3.1; “3.3.1 Applications may only use Documented APIs in the manner prescribed by Apple and must not use or call any private APIs.” While your application has not been rejected, it would be appropriate to resolve this issue in your next update.

The non-public API that is included in your application is UITouch._touchFlags.

Please resolve this issue in your next update to iSimulate.

Despite the warning, Vimov is applauding Apple’s kinder, gentler approach to the matter, especially considering that Apple was within its rights to reject the app outright and force the developer to resubmit a corrected version. Vimov plans to address the problem with its next update to keep the goodwill with Apple moving forward.

Apple’s iPhone App Store continues to be controversial, despite more than 100,000 applications stocked on its shelves and more than 2 billion downloads to date. In recent weeks, the company has been extending the olive branch more and more to its App Store developers after some vocal complaints and outright defections, which is a good sign for the future of the platform.