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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