iBooks Author EULA draws criticism

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iBooks Author EULA draws criticism

The End User License Agreement for Apple’s new iBooks Author app has drawn the attention of some members of the online community. The criticism revolves around a section at the top, which states, “If you charge a fee for any book or other work you generate using this software (a “Work”), you may only sell or distribute such Work through Apple (e.g., through the iBookstore) and such distribution will be subject to a separate agreement with Apple.” As summarized by Dan Wineman, that statement, and section 2 B, suggest that “Apple is trying to establish a rule that whatever I create with this application, if I sell it, I have to give them a cut. ” Such an arrangement isn’t unreasonable on the surface, as Apple is providing the software for free, and it does not appear to bar users from distributing works freely online. Wineman argues, however, that Apple did not give him a chance to agree to the terms prior to installing the software, at which point the user is implicitly accepting of it; he compares it to a car dealership hiding secret terms in the glove box, which go into affect as soon as a customer drives a purchased automobile. Apple has yet to comment on the situation.

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Comments

1

“Wineman argues, however, that Apple did not give him a chance to agree to the terms prior to installing the software”

The he should stop writing immediately and get an eye examination. The licensing terms are available on the app’s page in the App Store. I read them, and it clearly states what he claims it didn’t tell him in advance of installation.

Posted by Fred on January 20, 2012 at 3:01 AM (PDT)

2

#1, Good point.

This is a non-issue. If you don’t like the EULA of Apple’s (or any company’s) free software, don’t use it. I can see complaining if one shelled out money to purchase a software license, but in this case one can simply walk away and make epub files with other software choices.

Posted by DP on January 20, 2012 at 8:41 AM (PDT)

3

Query whether an ap is “free” if it has the conditions on use indicated by the licensing agreement.

Hope others know to go to the “app’s page” in the App Store prior to downloading the ap.

Posted by GG on January 20, 2012 at 9:22 AM (PDT)

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