We hear the applications mostly affected by Apple’s new rules are streaming-video services, like MobiTV, and mobile-game companies like Electronic Arts (NSDQ: ERTS). It is possible that their licensing agreements with content owners would not cover emerging devices, like the iPad. In those cases, we could see games or other apps disappear from the store. From what we understand of the new developer guidelines, it’s unclear how long companies have to get into compliance, or how vigorously Apple will enforce the rule. There also seems to be a handful of exceptions. Apps can be iPhone-only if they require telephony, for example, and for now they can also be iPad-only (and don’t have to be backwards compatible). An Apple spokeswoman declined to comment. EA also declined to comment.

MobiTV now faces a dilemma: CMO Ray DeRenzo explained the company, which has a number of popular mobile TV streaming applications, needs permission from its partners to sell the same 35 channels that it offers on cellphones today on tablets, too. But currently, the content owners are demanding a different rate structure for the tablet because it’s not clear whether it is a mobile device. MobiTV today charges $10 a month on a cellphone but that could soar to $30 a month on a tablet. “As a distributor, we have to license content, and the value of the content is set by the rights’ holders and content producers. [The tablet is] being priced as a home TV equivalent,” he said. “We have to make sure we can make a product that’s compelling to end users in terms of programming and price.” At the higher rate structure, he doesn’t believe there’s a market.

The problem is strictly about permissions, and not about the technical challenges of developing an iPad app. Developers acknowledge that regardless of Apple’s policy, they would have to negotiate licenses separately for the iPad, but Apple’s ultimatum is forcing developers to dramatically speed up that process. With dozens of tablets coming to market by year’s end, the issue is also not exclusive to the iPad.

The root of the problem is that licensing issues are hard to resolve without answering a lot of tough questions. What is a tablet? What makes a device mobile? Is it based on the screen size? The ability to make phone calls? Or, maybe 3G? Is the Kindle mobile? What about Dell’s tablet launched last week? The so-called Streak has a five-inch display, which is marginally larger than some cellphones. Meanwhile, the iPad has a nine-inch display, which no self-aware person would put up to their ear to make a phone call (even though it’s technically possible). The Streak comes standard with 3G, whereas it is optional on the iPad. Likewise, the Kindle comes with 3G, but can’t make phone calls. “This has been the topic du jour over the past couple of months,” DeRenzo said. “There is no commonly held definition for tablets.”

MobiTV says it is ready for whatever happens next. It has submitted a new application to Apple for review that is iPhone, iPod and iPad compatible. To skirt the licensing issue, MobiTV will provide a limited amount of programming that it has permission for. DeRenzo declined to say how many of the 35 channels would be on that version, but that given the temporary nature of things, it’s satisfactory. “This is a ‘moment in time’ phenomenon,” he said. “We’ll be able to add content as we rationalize our strategies.” He said MobiTV is planning to fulfill any remaining contracts it has with current subscribers and that he hopes Apple would allow the original application to continue on the iPhone now that it had a version that ran across the iPad, as well.

If things aren’t resolved quickly, it’s going to be the consumers who find a workaround—just as pirated music became popular when music labels failed to keep up with technology. Eventually, users will want to pay for their content once and then be able to view it on a variety of screens, including tablets, phones, PCs and TVs. If DeRenzo were to guess, the industry is still six to 12 months away from any set definition of mobile or tablet. But despite the setbacks facing MobiTV, he’s confident the company will be well-positioned to take advantage of the multi-screen approach coming in the future. “On the one hand, we are at a moment in time when our service is impaired on tablets, but we fully anticipate that this convergence trend is occurring rapidly,” he said.