Following an announcement that Apple would change its VPN On Demand behavior following a VirnetX lawsuit, Apple has backtracked on the changes.
The changes were forced by a $368 million judgment in the lawsuit. The changes altered the “Always” configuration to VPN On Demand to “Establish if needed”. However a statement released in Apple’s support document shows that Apple no longer plans to enact these changes, suggesting that an agreement may have been reached.
Apple no longer plans to change the behavior of the VPN On Demand feature of iOS 6.1 for devices that have already been shipped. The “Always” option will continue to work as it currently does on these devices.
“Already been shipped” does suggest that devices yet to ship may have been altered, however the document isn’t specific.