Apple – Oh ok you can keep rights to your content….

Wired bring us an insightful article on Apples new ibooks EULAs. Apple initially presumed full rights to your works and the content of those works if you charged on the ibooks store for those works, effectively blocking the sale of your publication via any other means.

Since the initial ELUA Apple have modified the terms to allow you to keep the content of your publication even if you are charging a fee on ibooks for it.

However, as described below, this is a dangerous precedence”

“Dan Wineman, an iOS/Mac developer, wrote a well-circulated post titled “The Unprecedented Audacity of the iBooks Author EULA” (all italics are same in original):

Apple, in this EULA, is claiming a right not just to its software, but to its software’s output. It’s akin to Microsoft trying to restrict what people can do with Word documents, or Adobe declaring that if you use Photoshop to export a JPEG, you can’t freely sell it to Getty. As far as I know, in the consumer software industry, this practice is unprecedented. I’m sure it’s commonplace with enterprise software, but the difference is that those contracts are negotiated by corporate legal departments and signed the old-fashioned way, with pen and ink and penalties and termination clauses. A by-using-you-agree-to license that oh by the way asserts rights over a file format? Unheard of, in my experience.”

“Here’s the text of both versions of the EULA, as spotted by TNW’s hawk-eyed Matthew Panzarino:

Here’s section 2B of the new EULA (with key new text in italics):

B. Distribution of Works Generated Using the iBooks Author Software. As a condition of this License and provided you are in compliance with its terms, works generated using iBooks Author may be distributed as follows:

(i) if the work is provided for free (at no charge), you may distribute it by any means;

(ii) if the work is provided for a fee (including as part of any subscription-based product or service) and includes files in the .ibooks format generated using iBooks Author, the work may only be distributed through Apple, and such distribution will be subject to a separate written agreement with Apple (or an Apple affiliate or subsidiary); provided, however, that this restriction will not apply to the content of the work when distributed in a form that does not include files in the .ibooks format generated using iBooks Author. You retain all your rights in the content of your works, and you may distribute such content by any means when it does not include files in the .ibooks format generated by iBooks Author.

And the same section in the old EULA:

B.Distribution of your Work.As a condition of this License and provided you are in compliance with its terms, your Work may be distributed as follows:

(i) if your Work is provided for free (at no charge), you may distribute the Work by any available means;
(ii) if your Work is provided for a fee (including as part of any subscription-based product or service), you may only distribute the Work through Apple and such distribution is subject to the following limitations and conditions: (a) you will be required to enter into a separate written agreement with Apple (or an Apple affiliate or subsidiary) before any commercial distribution of your Work may take place; and (b) Apple may determine for any reason and in its sole discretion not to select your Work for distribution.”

via Apple to Authors: Content You Make in iBook App is Yours, Not Ours | Epicenter | Wired.com.

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